Texas Injury Lawyers Blog
Recently, a federal appellate court issued an opinion in a case that was filed against several parties, including the city of Austin, Texas, following a fatal traffic accident that occurred during the South By Southwest (SXSW) festival. According to the court’s opinion, a drunk driver who was fleeing police drove through a block that had been closed off for the festival, killing four people. One of the victim’s family members filed a Texas wrongful death claim against the city and the festival organizers, claiming that the defendants failed to adequately block off the street to protect festival-goers.
The court dismissed each of the plaintiff’s claims against each of the defendants. First, the court determined that the family failed to show that the festival organizers controlled the area where the victim was killed. A city generally owns the public roads, but the family alleged that the festival organizers had a city permit that made it the occupier of the area where the driver was killed. However, the court pointed out that the right-of-way permit, which was attached as an exhibit, stated that all traffic controls had to be provided “in accordance with the approved traffic control plan.” The city-approved traffic control plan stated that the block was open to regular vehicular traffic. Therefore, the city still controlled the street, and the festival organizers had no duty to act.
Next, the court went on to determine that the city was immune from liability. Under Texas law, a municipality is generally immune from suit under the longstanding principles of governmental immunity. However, while a city is immune for torts that are committed while in the “performance of its governmental functions,” it is not immune for torts “committed in the performance of its proprietary functions.”
A city’s governmental functions include regulating traffic and maintaining traffic signals, signs, and hazards. Thus, the court explained that the city was in the process of carrying out a governmental function in regulating traffic for the festival. The court also noted that a crime can occur almost anywhere and the city was not responsible for anticipating the criminal conduct of a third-party on the city’s property.
Premises Liability Claims
In a Texas premises liability case, the plaintiff must show that a property owner or occupier failed to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a condition which the owner knew about or should have known about. This requires a plaintiff prove that the defendant had control over the location in addition to knowledge of the hazard. Once those elements are established, a court will focus on the defendant landowner’s efforts, if any, to remedy the hazard.
Contact a San Antonio Personal Injury Lawyer
If you need an Texas accident attorney on your side, contact a dedicated personal injury advocate at the law firm of Carabin Shaw. Carabin Shaw was founded 25 years ago to fight of the rights of victims of auto accidents. Our attorneys aggressively represent individuals across Texas that have suffered catastrophic personal injuries and wrongful deaths. We stand up for victims against insurance companies and we will take a case to trial and beyond if an insurance company wrongfully refuses to resolve your claim. Call us at 1-800-862-1260 or use our online form to set up a free consultation.
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Filing Lawsuits Against Minors and Their Parents in Texas, Texas Injury Lawyers Blog, August 23, 2018