Carabin Shaw Accident Injury Lawyers - Odessa
Carabin Shaw Accident Injury Lawyers - Odessa
Aug 13, 2019
Texas Supreme Court Discusses Notice Requirement in Personal Injury Lawsuits Filed Against The Government The state’s high court recently ruled in a Texas personal injury case involving the notice requirements in lawsuits against government entities. According to the court’s opinion, two individuals were riding on a motorcycle when they hit a large mound of dirt on an unlit asphalt road in Killeen, Texas. While both driver and passenger initially survived the crash, they ultimately died as a result of their injuries. The accident victims’ relatives sued the city, claiming that the mound of dirt was a “special defect” for which the city was responsible. The city argued that the plaintiffs failed to give formal notice of the claim, as required under the Texas Tort Claims Act. In response, the plaintiffs argued that the city already had actual notice of the claim and therefore the plaintiffs should be excused from providing additional notice. Under section 101.101(a) of the Texas Tort Claims Act, a claimant must provide a government entity with notice of a claim against it within six months of the “incident giving rise to the claim.” The notice must describe the incident, the time and place where the incident occurred, and the damage or injury that resulted. However, under section 101.101(c), https://local.google.com/place?id=17116178121432614860&use=posts&lpsid=2651675944677771648
Learn more