How to Sue a Texas City or County for Premises Liability: Notice Deadlines and the Tort Claims Act

Sovereign Immunity and the Texas Tort Claims Act

If you trip and break your ankle in a private grocery store, you can sue the corporate owner. But what happens if you slip on a wet floor inside a city library, or trip over a shattered public sidewalk? Suing the government in Texas is incredibly difficult due to a legal doctrine called 'Sovereign Immunity,' which historically meant the king (or government) could do no wrong. Fortunately, lawmakers passed the Texas Tort Claims Act (TTCA), which waives this immunity under very specific circumstances. Under Tex. Civ. Prac. & Rem. Code § 101.022, a city or county can be held liable for premises defects, but the burden of proof is much higher than in a private lawsuit, and the deadlines are unforgiving.

Notice Deadlines: The Biggest Trap in Texas Law

If you plan to sue a government entity, you cannot just wait a year and file a lawsuit. The TTCA, under Tex. Civ. Prac. & Rem. Code § 101.101, mandates that the state government must receive formal written notice of the injury within 6 months. However, the true danger lies in city charters. Cities are legally allowed to shorten this deadline.

• Austin: The City of Austin Claims Division, Austin requires notice within exactly 45 days.
• Houston: The City of Houston Legal Department, Houston requires notice within 90 days.
• San Antonio: The City of San Antonio requires written notice within 90 days under Section 150 of the City Charter, as affirmed in City of San Antonio v. Tenorio, 543 S.W.3d 772 (TX Supreme Court 2018).
• Dallas: Notice is generally required within 6 months, but local ordinances should be checked immediately.

If you miss these strict municipal deadlines by even one day, your claim is forever barred, and your lawsuit will be dismissed, regardless of how severe your injuries are.

Premises Defects Under the Tort Claims Act

Proving a government entity is at fault requires determining whether you encountered a 'premises defect' or a 'special defect.'

Tripping on Broken, Uneven City Sidewalks

Standard uneven sidewalks are usually classified as ordinary premises defects. To win this claim, you must prove that the city had actual knowledge of the broken concrete before you tripped, and that you did not know about it. Proving actual knowledge is extremely hard. Your attorney will have to request 311 call logs or city maintenance records to show that a citizen previously reported that exact piece of broken sidewalk to the city.

Slipping in Public Libraries or DPS/DMV Offices

If you slip on a freshly mopped floor at a county courthouse or a DPS driver's license office, the government owes you the same duty a private store owner would owe a customer. They must warn you of an unreasonable risk of harm that they knew about or should have known about. If a janitor mopped the floor but failed to put up a yellow warning cone, the government entity can be held liable for your injuries.

Premises Injuries in Municipal Parks

Getting injured in a city park or a public green space brings in another layer of protection for the government: the Texas Recreational Use Statute (Tex. Civ. Prac. & Rem. Code § 75.002). To encourage cities to open parks to the public, the law states that if you are injured while engaging in recreation (like hiking, playing at a playground, or jogging), you cannot sue for simple negligence. You must prove the city acted with 'gross negligence' or an intentional intent to harm, which is an exceptionally high legal bar to clear.

Understanding the Damage Caps

Unlike suing a private trucking company or a billionaire, suing the government means your financial recovery is capped by law to protect taxpayer dollars. Under Tex. Civ. Prac. & Rem. Code § 101.023, the maximum amount you can recover from a Texas state government entity or municipality for a bodily injury is capped at $250,000 per person and $500,000 per single occurrence. For county governments, the cap is even lower, at $100,000 per person. You cannot sue the government for punitive damages.

Step-by-Step Guide to Filing a Municipal Claim

Filing a claim against the government must follow precise administrative steps before seeing a judge.

Step 1: Draft the Notice of Claim

Your attorney must draft a formal notice detailing the date, time, exact location of the incident, and a description of the injuries. This is often submitted using local documents like Form Notice of Claim for Damages, Texas, City of Austin Claims Division, Notice of Claim for Damages. It must be sent via certified mail to the mayor, city secretary, or designated risk management office.

Step 2: The Government Investigation Period

After receiving the notice, the city or county's risk management department will conduct an internal investigation. They may take several months to review the evidence and typically deny the claim initially.

Step 3: File the Lawsuit

Once administrative remedies are exhausted or the claim is denied, your attorney will file a lawsuit in civil court, such as the Travis County District Court, Austin or the Bexar County District Court, San Antonio, citing the specific waiver of immunity under the TTCA.

Step 4: Retain a Specialized Attorney

Do not attempt to sue the government on your own. Missing a single procedural step will ruin your case. Use our directory to find a Texas personal injury lawyer with specific experience litigating Tort Claims Act cases.

Costs of Suing the Government

Attorneys handle these complex cases similarly to private personal injury claims.