Sidewalk and Public Property Falls in Texas
Who is responsible for a fall on a broken sidewalk in Texas, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: A Texas city is liable under the Tort Claims Act for damages arising from its governmental functions, which include street construction and design and street maintenance. Tex. Civ. Prac. & Rem. Code §§ 101.0215(a), 101.022, 101.101(b)
| Sidewalk falls: who is responsible | A Texas city is liable under the Tort Claims Act for damages arising from its governmental functions, which include street construction and design and street maintenance. For a premise defect, the government owes only the duty owed to a licensee (generally requiring actual knowledge of the danger), but that limit does not apply to the duty to warn of special defects such as excavations or obstructions on roads and streets. A city's charter and ordinance provisions requiring notice of a claim within a charter period are ratified by statute. The statutes read do not address liability of the owner of property next to a sidewalk. |
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| Claims against a city or county | Under the Texas Tort Claims Act, a governmental unit, including a city or county, is entitled to written notice of a claim no later than six months after the incident; the notice must describe the injury or damage, the time and place, and the incident. City charters and ordinances may set their own notice periods, which the statute ratifies. The notice requirement does not apply if the government had actual notice of the death, injury or property damage. Liability of a unit of local government is capped at $100,000 per person, $300,000 per occurrence for bodily injury or death, and $100,000 for property damage; for a municipality the caps are $250,000 per person, $500,000 per occurrence and $100,000 for property damage. The same Act covers the State, with its own caps. The Tort Claims Act read sets no separate time to sue after notice; the general two-year personal-injury limitation period is in data/injury. |
| Suing the government | Under the Texas Tort Claims Act, the government unit must receive notice of the claim no later than six months after the incident, describing the injury or damage, the time and place, and the incident. City charters may set shorter notice periods. Formal notice is not required if the government unit had actual notice of the death, injury or property damage. Damages are capped: the state at $250,000 per person and $500,000 per occurrence for bodily injury or death ($100,000 for property damage); cities at $250,000 per person and $500,000 per occurrence ($100,000 property); and other local government units at $100,000 per person and $300,000 per occurrence ($100,000 property). |
| Deadline to sue for an injury | Two years after the day the cause of action accrues. |
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FAQ
Who is liable if you trip and fall on a sidewalk in Texas?
A Texas city is liable under the Tort Claims Act for damages arising from its governmental functions, which include street construction and design and street maintenance. For a premise defect, the government owes only the duty owed to a licensee (generally requiring actual knowledge of the danger), but that limit does not apply to the duty to warn of special defects such as excavations or obstructions on roads and streets. A city's charter and ordinance provisions requiring notice of a claim within a charter period are ratified by statute. The statutes read do not address liability of the owner of property next to a sidewalk.
How long do you have to file a claim against a city or county in Texas?
Under the Texas Tort Claims Act, a governmental unit, including a city or county, is entitled to written notice of a claim no later than six months after the incident; the notice must describe the injury or damage, the time and place, and the incident. City charters and ordinances may set their own notice periods, which the statute ratifies. The notice requirement does not apply if the government had actual notice of the death, injury or property damage. Liability of a unit of local government is capped at $100,000 per person, $300,000 per occurrence for bodily injury or death, and $100,000 for property damage; for a municipality the caps are $250,000 per person, $500,000 per occurrence and $100,000 for property damage. The same Act covers the State, with its own caps.
How do you file an injury claim against the government in Texas?
Under the Texas Tort Claims Act, the government unit must receive notice of the claim no later than six months after the incident, describing the injury or damage, the time and place, and the incident. City charters may set shorter notice periods. Formal notice is not required if the government unit had actual notice of the death, injury or property damage. Damages are capped: the state at $250,000 per person and $500,000 per occurrence for bodily injury or death ($100,000 for property damage); cities at $250,000 per person and $500,000 per occurrence ($100,000 property); and other local government units at $100,000 per person and $300,000 per occurrence ($100,000 property).
What is the statute of limitations for personal injury in Texas?
Two years after the day the cause of action accrues.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.