Property owners have a legal obligation to exercise reasonable care to ensure their guests are safe. This duty includes maintaining a property in good condition and addressing any potentially dangerous or hazardous conditions.
When you are injured on public property, you might be wondering if you have any options for legal recourse. Under Texas’ premises liability laws, property owners are responsible for accidents on their property. However, if you were injured in an accident on public property, establishing a government agency’s negligence can be challenging, and there are statutory limitations on damages. A McAllen public property injury lawyer could advise you of your legal rights and remedies. Call one of our seasoned premises liability attorneys today to get started.
Liability for Injuries on Public Property
Similar to private or commercial properties, if the local, state, or federal government owns a property but does not take property steps to prevent someone from getting hurt, that government agency can be held liable. In a premises liability case, an injured person must demonstrate that:
- The property owner owned a duty to keep the premises reasonably safe
- Breach of this duty regarding a hazardous condition
- The hazard caused their injuries
Government entities are not exempt from liability for preventable accidents that occur due to negligence. However, suing state and federal agencies is more complicated than premises liability suits against commercial or private property owners. There are specific laws and notice requirements with claims against public entities. Anyone who experiences injuries on public property should consult a McAllen attorney about premises liability laws regarding government agencies.
Claims Against Government Agencies in Texas
For those injured on public property, there are certain legal and procedural requirements to comply with to be able to recover compensation.
Notice of Claim
The Texas Tort Claims Act requires someone who is suing a government agency to provide notice of their claim. Proper notice must be served within six months of the date of the injury. However, federal agencies and other municipalities may have different notice requirements. The notice should include:
- The injuries and losses caused by the accident
- The date of the injury
- The location of the injury
- A brief description of the event
Limitations on Damages
There are limitations on the amount of compensation someone can recover from a government agency. In Texas, the damage caps for claims against public entities limit recovery:
- $250,000 for every person and $500,000 for every accident that results in bodily injury or death, and $100,000 for property damage
- $100,000 for every person and $300,000 for every accident causing bodily injury or death and $100,000 for property damage if the claim is filed against a government entity or emergency service agency
A McAllen attorney could help someone who has been injured on public property meet all procedural requirements for filing a claim.
Consult a McAllen Public Property Injury Attorney
Premises liability cases can present complicated issues, especially when you were injured on public property. If you get hurt on property owned by a local, state, or federal government, reach out to a McAllen public property injury lawyer. Our dedicated legal professionals could help you navigate a claim against a government agency in Texas.
A seasoned attorney could ensure you comply with the notice requirements and advise you of the applicable cap on damages. Although claims against government agencies are complex, it is still possible to recover compensation. If you are considering taking legal action for your injuries, do not hesitate to contact KGS Law Group.