Losing a loved one in an incident involving a San Antonio municipal employee or city property raises urgent legal questions. While government entities are generally protected by sovereign immunity, Texas law allows cities to be held liable under specific conditions. Knowing when these exceptions apply — and the strict deadlines involved — is key to recovering compensation for your loss.
Identifying state-law immunity exceptions
When an incident involves a governmental function, the City of San Antonio is generally protected by sovereign immunity from state-law damages. However, a personal injury or wrongful death case can move forward if it falls under specific exceptions in the Texas Tort Claims Act:
- Motor Vehicles & Equipment: Immunity is waived if a city employee negligently operates or uses a motor vehicle or motor-driven equipment within the scope of their employment, provided the employee would be personally liable under Texas law.
- Dangerous Property or Equipment: Immunity may also be waived for deaths caused by a condition or use of tangible personal property or real property (such as dangerous conditions on city-owned premises), provided a private person would be liable in the same situation.
Important Limitations: The waiver does not cover intentional acts, such as assault or battery by a city employee. Furthermore, bringing a wrongful death lawsuit does not automatically bypass immunity. The underlying conduct causing the death must still fit one of these recognized statutory exceptions.
Proving a constitutional rights violation
A death during an encounter with police may support a separate federal civil rights claim. It arises when officers acting under their authority violate a constitutional right. A successful claim may result in an award of damages, but holding the city liable requires more than proof that one officer used excessive force.
The evidence must show that the harm came from an official policy, a widespread practice or a decision by an official with final authority for the city. A failure to train can also qualify when it causes harm and reflects deliberate indifference.
Meeting the city notice deadline
Before pursuing state-law damages, you generally must give the city manager or city clerk written notice within 90 days of your family member’s death. That document must state when, where and how the fatal incident occurred, the apparent extent of any injuries and the amount of damages you seek.
The 90-day requirement is separate from the deadline for filing a lawsuit. You have two years from the date of death to bring a wrongful death suit. Federal civil rights claims generally have the same two-year filing deadline, but the local notice rule does not apply and federal law determines when that period begins.
Losing someone close to you is devastating, and trying to decipher complex sovereign immunity rules while grieving is overwhelming. You shouldn’t have to manage rigid deadlines and legal procedures on your own. The Barrera Firm can step in to handle the legal heavy lifting and support you through every step of this process. We can review the relevant deadlines, help prepare the written materials and advise you on documenting delivery. We can also evaluate whether the exception applies and explain how separate timing rules affect potential state and federal claims. Contact The Barrera Firm to discuss your situation with an experienced wrongful death attorney.