Texas
How Downey v. City of New Haven applies in Texas: state-specific rules, key cases, and bar exam notes for Torts.
Texas follows the principles of governmental immunity and the waiver of that immunity in cases of tort law. The state requires plaintiffs to demonstrate a clear link between the governmental entity's actions and the injury suffered to establish liability.
In Texas, a governmental entity can be held liable for tort claims only where there is a specific waiver of sovereign immunity under state law, such as the Texas Tort Claims Act (TTCA).
The Texas Supreme Court held that sovereign immunity is waived under the TTCA when the entity is negligent and causes personal injury.
The court ruled that injuries resulting from a city's failure to maintain public streets may fall under the TTCA's waiver of immunity.
This case established that immunity is not waived if the injury stems from the performance of discretionary functions.
While both federal and Texas law recognize immunity for governmental entities, Texas specifically delineates the conditions under which immunity can be waived through the TTCA. Federal law largely focuses on constitutional claims and federal statutes without a comprehensive state-specific immunity framework.
Understanding the nuances of governmental immunity under the Texas Tort Claims Act is critical for the Texas bar exam, especially in multiple-choice questions involving tort liability.