Even then, the district may have a defense against the liability in the form of «
governmental immunity,» although
laws regarding injury claims that establish this precedent differ considerably across states.7 All five states included in this analysis had some form of
governmental immunity, but the strength of those provisions varies.
Chris provides business and corporate advice, including advice related to sales and acquisitions, commercial leasing, contracts, real estate conveyance and financing; broad commercial litigation representation including contracts and other business disputes, commercial and residential construction defect claims, religious entity
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She pled that its
governmental immunity was waived under the Texas Tort Claims Act (the TTCA) because the injuries had been caused by a property defect that presented an unreasonable risk of harm, about which the county had actual knowledge and she didn't, and for which the county should be held accountable under Texas
law, as it would be if it were a private property owner.
It argued that the Texas Tort Claims Act didn't waive the county's
governmental immunity for the plaintiff's negligence claims because the claims didn't involve the use or condition of personal property, and the
law didn't waive
immunity for the premises liability claim because the evidence showed the county didn't have actual knowledge about the water.