Legal Question in Personal Injury in Texas
I was visiting my nephew in Balch Springs Tx and parked on the street, as I walked around the car I stepped in a sunken water meter hole and fell and broke my left foot. I ask him why there wasn't a cover on it and he said the cover was sunk down in the hole. I am 68 years old and that's the first broken bone I've ever had. The hole is on the other side of the sidewalk next to the curb. I'm pretty sure its the city of Balch Srings responsibility to pay for my injury. I had X-rays done. Should I seek an attorney?
2 Answers from Attorneys
Yes. The Texas Tort Claims Act requires notice within 6 months of the accident and to the correct entity. Make sure the street is City*s and not County or State.
There must be jurisdiction under the TTCA. Appeals of the Motion to dismiss is probable. Call Ted Lyon, who was a legislator and knows the TTCA, at (972) 279-6571. He can handle and will do you a good job.
Yes, you need an attorney. Some cities have notice requirements shorter than 180 days, e.g., Houston's is 90 days. The sovereign immunity of the City might not be waived. I know cities are responsible for road excavations; but may not be responsible for this sort of defect. Let me know if I can help. I handle cases throughout Texas.
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