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General Counsel Advice to Governmental Agencies and Subdivisions

O’Hanlon, Demerath & Castillo has significant experience representing a number of governmental entities in cases arising under the Texas Tort Claims Act.

The Texas Tort Claims Act is the set of laws that determine when a governmental entity may be held legally liable for tortious conduct under state law. Before the Texas Tort Claims Act was adopted by the legislature, a person could not recover damages from a state or local governmental entity for injuries they suffered as a result of the actions of a government employee in his/her capacity of performing a governmental function under the concept of “sovereign immunity”.

In 1969, the Texas legislature adopted the Texas Tort Claims Act, waving sovereign immunity for governmental entities under certain circumstances. The Act states, in part, states that governmental entities can be held liable for:

  1. (1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:
    1. (A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment;and
    2. (B) the employee would be personally liable to the claimant according to Texas law;and
  2. (2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

The maximum amount of damages that can be awarded to a person under this Act is $250,000. There is also a $500,000 cap for each single occurrence of bodily injury or death. Further, there is a $100,000 limit on the amount that can be awarded for a single occurrence of injury to or destruction of property.

If you have been injured by the actions of a government employee while they were performing their duty as an employee, contact the experienced tort claims attorneys at O’Hanlon, Demerath & Castillo today to receive a free, no obligation consultation. We are here to help you get the compensation you deserve for your injuries.