Getting injured in a slip and fall is always stressful, but when it happens on public property—like a city park, government building, or public sidewalk in Texas—filing a claim comes with a unique set of hurdles. We understand you're facing pain and mounting medical bills, and our goal is to help you understand the specific challenges so you can effectively pursue the compensation you deserve.
The Sovereign Immunity Hurdle
The biggest challenge in a claim against a government entity is often sovereign immunity. This is a legal doctrine that shields the government from lawsuits. While Texas has waived this immunity in some situations through the Texas Tort Claims Act (TTCA), the exceptions are narrow.
For a slip and fall, the TTCA typically only waives immunity if the injury was caused by a governmental employee's negligent use or condition of tangible personal or real property. For example, a claim may be possible if:
You tripped over a broken water meter cover (a condition of real property) that the city neglected to fix.
You slipped on a spill in the county library caused by an employee's mistake (use of property).
Proving that the injury falls within one of the TTCA's limited exceptions is crucial for a successful claim.
Strict Notice Requirements
Unlike claims against private businesses, claims against Texas government entities have extremely strict and short deadlines for providing formal notice. The state generally requires you to provide written notice of your intent to sue within six months of the injury. Some local government bodies, like certain cities, may have even shorter deadlines, sometimes requiring notice within 90 days.
If you miss this window, your claim can be permanently barred, regardless of how severe your injuries are. This short timeframe is why it is so critical to act fast and seek legal guidance immediately after an injury on public property.
Proving the Government Knew or Should Have Known
To prove negligence, you must demonstrate that the governmental entity—such as the city or county—had actual knowledge of the dangerous condition or that the condition existed for so long that they should have known about it.
This is a higher standard than what's typically required for claims against a private landowner. For example, simply proving a sidewalk was broken might not be enough. You may need to gather evidence like:
Prior maintenance requests or work orders.
Official inspection reports mentioning the hazard.
Testimony from witnesses who saw the condition long before your fall.
Building this evidence requires a focused, results-driven investigation.
Premises Liability Attorney in Downtown Houston, TX
A slip and fall injury on public property in Texas introduces layers of complexity that a standard personal injury case doesn't have. Between the strictures of the Texas Tort Claims Act, the unforgiving notice deadlines, and the high burden of proof, you need a legal advocate like Alexander J. Houthuijzen, Attorney-at-Law. Don't let the government's defenses stop you from seeking justice.
Contact us today at (713) 600-9902 for a dedicated partner ready to navigate these difficult challenges for you and fight for the compensation you need to recover.