Assessment of The Texas Tort Claims Act

The Texas Tort Claims Act establishes a partial waiver of sovereign immunity and prescribes the highest governmental liability in certain circumstances as found in Chapter 101 of the Texas Civil Practice and Remedies Code. The Claims Act waives governmental immunity for damages that arise from personal injuries or property damage cause by negligence while handling a motor vehicle as well as waives immunity if a personal injury or death is caused by a condition or use of physical property. The most prominent point about governmental entities and property defects is the fact that the TTCA delineates the duty owed as for a premise defect. The principle of common law governmental immunity still exists in spite of of the continuation of the Texas Tort Claims Act. The principle still entails much of the remnants it has always had without any indications that it will further alter in the future.


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