Governmental Immunity for Road Defects

car wreck lawyer austin texas

Nov 24, 2012 — by Jeff Mundy
Tags: Governmental Immunity

 

Clients often ask whether the city or state can be held liable for conditions on a road that cause a car wreck. 

"Generally, the State retains sovereign immunity from suit.... The Texas Tort Claims Act limits the State's liability for premise defects to dangerous conditions of which it is aware. However, this limitation does not apply to "special defects such as excavations or obstructions on highways, roads, or streets."  When a special defect exists, the government owes the same duty to users that a private landowner owes to an invitee. Whether a condition is a special defect is a question of law....

TxDOT v. Perches, (Tex. 2012)

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