Denton Public Property Injury Lawyer
Under Texas law, a property owner may be held responsible for damages if a person is injured by a dangerous condition on their property. When an injury occurs on public or state-operated property, there are additional legislative statutes that would apply to an injured party’s claim against a governmental entity.
A Denton public property injury lawyer could help you review the case and file against the state for damages. If you suffered injuries on public property because of negligence, a skillful premises liability attorney could help you collect compensation.
Public Property Accidents and Injuries
The most common reasons for injuries on public property include:
- Collapsing balconies or structures, causing serious injuries or death
- Severe injuries from slipping on a wet or icy surface
- Inadequate building security, leading to assault and injuries
- Poor construction or damages to handrails often leads to dangerous falls
- Tripping because the parking lot, sidewalk, or walkway has damages
- Malfunctioning elevator and escalator accidents
After sustaining injuries on public property, it is vital to reach out to a knowledgeable Denton attorney promptly. They understand civil law and could help investigate and collect the evidence needed to prove who is responsible for damages.
Suing the State and Local Government
When filing a civil claim against a governmental entity, the statutes found in Chapter 101 of the Texas Civil Practices and Remedies Code (commonly referred to as the Texas Tort Claims Act) provide what causes of action can be brought against the state, state the maximum amount of damages that can be collected, and list a number of procedural requirements that a claimant must go follow in order to properly bring a suit against a governmental entity. One such procedural requirement is filing a notice of the claim with the local governmental agency that a claimant intends to sue for damages. Most local agencies will provide information, instructions, and necessary forms on their website regarding where to send these notices. If a claimant fails to follow the strict procedural rules of the Texas Tort Claims Act, beginning first with filing a notice of their claim in a timely manner, then a claimant may find themselves unable to proceed with a suit for damages against that governmental entity.
If a person is injured by an organization or entity that is contracted by a local municipal or state entity, the third-party organizations may also be provided the same governmental immunity protections afforded to the municipality. Accordingly, it is crucial for a claimant that has been injured by the negligence of one of these third-party agencies to contact a skilled Denton lawyer who has experience in handling claims under the Tort Claims Act against governmental entities and their third-party agencies.
Tort Claims against Government Agencies in Denton
The state owns all public property and handles the upkeep. Texas Civil Practice & Remedies Code Title 5, Chapter 101 (commonly known as the Texas Tort Claims Act) states that the law will partially waive the state’s immunity when they are negligent or commit wrongful acts leading to injuries. Under this statute, a court could hold a government agency responsible in certain circumstances. If the failure to correct hazardous conditions causes personal injury or death, the law will hold the government agency responsible.
The judge will also consider whether a court would hold the individual accountable for the upkeep liable in a private civil claim. If these conditions exist, the injured party could be eligible to collect compensation for their damages.
The code places limitations on payment for damage amounts for claims against governmental agencies. Under the Tort Claims Act, the maximum amount an injured party can collect for injuries caused by a state governmental entity is $250,000 per individual and $500,000 per occurrence. The maximum amount an injured party can collect for injuries caused by a local governmental entity is $100,000 per individual and $300,000 per occurrence. A competent attorney with a background in public premises injuries in Denton could answer statute questions and help prepare the claim.
Call a Seasoned Public Property Injury Attorney Today
Dangerous premises liability accidents can cause severe injuries on public property. These damages occur when the agency responsible for the maintenance does not ensure the property is hazard-free.
When a person’s lack of attention or carelessness causes your pain, suffering, and losses, you have the right to hold them responsible. If you were injured by a dangerous condition on public property, contact a qualified Denton public property injury lawyer to help review the details of the case to determine the liable party and potential compensation.