There have been several important cases regarding the Texas Tort Claims Act in 2009. As you may recall, the Texas Tort Claims Act governs the liability of governmental entities. Under Section 101.021 of the Civil, Practice and Remedies Code, the Texas Tort Claims act lays out the conditions under which a person may sue governmental entities with caps of $250,000 – $500,000 for bodily injury or death. A San Antonio personal injury attorney can guide you through the intricacies of pursuing a governmental entity for negligence. According to the Act, the personal injury must have been caused by a condition or use of tangible personal or real property. In one case, a family of a Dallas inmate who committed suicide with a corded telephone on his cell sued the county for negligence. The Texas Supreme Court ruled that governmental immunity was not waived because the inmate’s use of the telephone cord did not constitute a condition or use of tangible personal property within the definition of the Texas Tort Claims Act. In Travis County, a bicyclist sued UT Austin when his bicycle collided with a metal chain, which threw him off the bicycle and caused personal injuries. The Appellate Court held that the chain could cause an unreasonable risk of harm , and the university had a duty to warn of dangerous conditions caused by the chain. For bicycle and motorcycle injuries in San Antonio , consult with a vehicular accident injury in Texas.

In another case in Brazoria County, the Court held that a laborer who was injured when the floor in the jail collapsed failed to give proper notice to the county of his negligence and premises liability claims as required under the Texas Tort Claims Act. This case is a grave reminder that if you have been injured and wish to sue a governmental entity, you must give the proper notice in order to file suit. Consult with a San Antonio personal injury attorney on the Texas Tort Claims Act today.

In this entry, we discuss claims involving a minor’s use of an automobile (including motorcycles) which harms another. The common tort for a parent’s civil liability is known as a claim for negligent parental entrustment of a motor vehicle. The basis for such a claim is two-fold. First, the parent must have exercised some control over the vehicle. Second, the parent must know of a child’s tendency to drive recklessly.

The fact that a parent owns a vehicle under many Texas Supreme and state court decisions is not enough to qualify under the claim of negligent parental entrustment. In fact, many courts throughout the nation have stated that a parent may have to be physically present while the child was operating the vehicle in order to hold the parent liable for negligent entrustment of a motor vehicle. You should consult with a personal injury for the latest requirements on a negligent entrustment claim.

In addition, with respect to a parent’s knowledge of a child’s propensity to drive recklessly, some courts have ruled that a parent’s knowledge of prior traffic accidents may not qualify as knowledge. Courts have ruled that the existence of prior motor vehicle accidents involving teenagers does not necessarily reflect knowledge by the parents of a tendency to drive recklessly. Because claims are very fact specific, and the law is always changing, consult with a greater San Antonio Texas personal injury attorney. Reckless teen driving is always a potential negligent entrustment claim.

Parents should also be aware they can be held liable for alcohol consumption by a minor child which causes injury to others. The Texas courts are very specific that parents can be held civilly liable where they furnish alcohol to the minor. Texas laws for furnishing alcohol to minors under the Texas Alcoholic Beverage Commission (TABC) permits liability where a party is injured by an intoxicated person under age 21 and the parent furnished alcohol to the minor. Parents should be ultra vigilant where they encourage alcohol consumption by minors in San Antonio and greater Texas.

Generally, parents will not often be assessed civil liability for the negligent acts of their children. However, in situation where parents did not properly supervise their children’s use of dangerous instruments such as ATVs and guns, including paint ball guns, there is potential liability. In addition, liability for a minor’s use of a motor vehicle or consumption of alcohol can still attach to the parents. Key questions include the parent(s)’ knowledge of violent propensities by the child in the case of dangerous instruments. Check with your greater San Antonio Texas personal injury attorney for your options if you have been personally injured by a minor.

Your child has committed some form of negligence in Texas resulting in a personal injury to another person. Are you as the parent responsible for your child’s negligence ? To what degree ? These are common questions being played out by San Antonio and greater Texas personal injury attorneys throughout the state and nation.

When faced with potential causes of action against parents of children who have committed negligent acts, several theories of liability may be utilized. The first theory is a failure of the parent(s) to supervise. The second theory is the parent allowing a child to operate a motor vehicle or dangerous objects. The final theory of liability surrounds personal injuries from drug or alcohol intoxication .

Several states subscribe to the rule that parents cannot be held liable for a failure to properly supervise their children. Yet there are certain situations in which a parent could very well be held civilly liable for the actions of their children. Those situations arise where parents negligently entrust their children with “dangerous instruments”.

A common form of dangerous instrument is a gun. However, many Texas and San Antonio residents would be surprised to learn that even a paintball gun can be classified as a dangerous instrument. The implication is that theoretically parents can be held liable where their child used a paintball gun to cause an eye injury to another minor, particularly in situations where the injury was caused outside an actual paintball game. Gun safety particularly in Texas with its abundant outdoor hunting opportunities is a serious issue for any parent to consider.

In other cases, a Texas All Terrain Vehicle (ATV) has been upheld to be a dangerous instrument. Juries have determined that due to the speeds associated with such a vehicle, and the ability of a passenger to hold on to the driver while seated, an ATV is a dangerous instrument.

The key question in many Texas personal injury cases is whether the parent was in fact aware that the child possessed the dangerous instrument. Another secondary factor is whether the parents knew of any potentially violent propensities of the child to hurt others. Generally, if it can be shown that the parent(s) did not know that the child possessed a dangerous instrument or knew of any violent predispositions of their children, Texas negligence claims for negligent supervision of children will fail as to the parents.

Enjoy the video – Baseluos Law Firm (BLF) will cover parental liability for their children’s negligent use of auto and minor alcohol consumption.