The Woodlands Texas Tort Claims Act Attorney | Lawyers that Sue The Woodlands or Texas

The Woodlands Texas Tort Claims Act lawyers may pursue cases against state the Texas, the City of The Woodlands or Montgomery County, Texas. In order to accomplish this task, they must follow the rules set forth in the Texas Tort Claims Act.

Texas Tort Claims Act The Woodlands Attorneys

Subchapter A. General Provisions

Subchapter B. Tort Liability of Governmental Units

Subchapter C. Exclusions and Exceptions

Subchapter D. Procedures

  • Sec. 101.101. Notice.
    • ALSO NOTE - That Montgomery County, Texas has an additional Notice provision. It reads:

Sec. 2-91. - Notice to city.

(a) The city shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or, if the injury results in death, the person who may have a cause of action under the law by reason of such death or injury, shall within 180 days or within six months for good cause shown from the date the damage or injury was received, give notice in writing to the mayor and city council of the following facts:

(1) The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received.
(2) The nature of the damage or injury sustained.
(3) The apparent extent of the damage or injury sustained.
(4) A specific and detailed statement of how and under what circumstances the damage or injury occurred.
(5) The amount for which each claimant will settle.
(6) The actual place of residence of each claimant by street, number, city and state on the date the claim is presented.
(7) In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the happening of the injury or any part thereof, and the names of the doctors, if any, to whose care the injured person is committed.
(8) In the case of property damage, the location of the damaged property at the time the claim was submitted, along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.

(b) No suit of any nature whatsoever shall be instituted or maintained against the city unless the plaintiff therein shall aver and prove that, previous to the filing of the original petition, the plaintiff applied to the city council for redress, satisfaction, compensation, or relief, as the case may be, and that the redress, satisfaction, compensation, or relief was by vote of the city council refused.

(c) All notices required by this section shall be effectuated by serving them upon the mayor, city secretary or city clerk at the following address:

City of Montgomery
P.O. Box 708
Montgomery, Texas 77356

All such notices shall be effective only when actually received in the office of the person named in this subsection.

(d) The written notice required under this section shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required in this subsection shall not render the notice fatally defective, but failure to so verify the notice may be considered by the city council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein.

(e) Neither the mayor, a city council member, nor any other officer or employee of the city shall have the authority to waive any of the provisions of this section.
(Ord. No. 1993-5, §§ 1—5, 10-5-1993)

Secs. 2-92—2-110. - Reserved.

 

Please visit our Federal Tort Claims Act Lawyer page for an understanding of the difference between the state action and the federal action.

The Woodlands attorneys that sue the City of The Woodlands, or Montgomery County or the state of Texas Serve

Clients throughout Southeastern Texas, including Aldine, Atascocita, Bammel, Cleveland, Coldspring, Conroe, Cut and Shoot, Egypt, Granger, Honea, Hufsmith, Humble, Karen, Keenan, Kingwood, Klein, Magnolia, Mostyn, New Caney, Oklahoma, Panorama Village, Pinehurst, Porter, Porter Heights, Rayford, Roman Forest, Security, Shenandoah, Splendora, Spring, Stagecoach, The Woodlands, Tomball, Westfield, Youens, areas in the vicinity of Houston Intercontinental Airport, and other communities in Grimes County, Harris County, Liberty County, Montgomery County, San Jacinto County, Walker County, and Waller County.

For a FREE INITIAL CONSULTATION, call one of the qualified Montgomery County personal injury lawyers listed on this site today.