Sovereign Immunity May Affect an Emergency Response System Claim Resulting from 911 Calls
Recovering damages from a municipality for a 911 emergency response system failure is not easy. In the past, governmental agencies were protected by a legal construct called sovereign immunity. In Texas and most other states, this meant that a municipality could not be held liable for property damages, personal injury, or death arising from a governmental function performed by the municipality.
Sovereign Immunity Is Waived in Some Instances
Texas and other states have passed laws waiving sovereign immunity in certain specified situations. There is no uniform law with respect to the waiver of sovereign immunity. Every state is different. The Texas Tort Claims Act waives sovereign immunity for state agencies. In Texas, sovereign immunity may be waived in cases of personal injury and death only if the harm is caused by a condition or use of tangible personal or real property. Other state statutes may not require that the harm be caused by the use of property as the narrower Texas statute does.
911 Emergency Response System Failures
We all want to believe that we can rely on our local 911 emergency response system in case of a personal injury. Unfortunately, there may be times when the 911 emergency response system lets people down. Sometimes, such an emergency response system failure may cause severe harm to a person relying on those 911 calls. When this happens, it is critical to contact an experienced personal injury lawyer immediately. This is necessary to preserve all possible evidence and claims against the government entity operating the emergency response system. Kilgore & Kilgore has personal injury lawyers ready and able to handle this type of situation. Use this link to reach out to us Contact Kilgore & Kilgore.
Injured by the Failure of an Emergency Response System?
With a personal injury negligence claim, it is important to note that the Texas waiver of sovereign immunity may not apply in all cases. For example, the waiver may not apply to the action of a government employee while responding to an emergency call or reacting to an emergency situation. In this situation, the immunity waiver applies only if the government employee’s action is not in compliance with applicable laws. If no such laws exist, the immunity waiver may apply if the government employee acts with conscious indifference or reckless disregard for the safety of others.
A Personal Injury Lawyer Can Help
What if a person is the victim of a hit and run and calls 911? And in this case, the dispatcher hears a partial street location as the victim’s mobile phone battery runs out. And the dispatcher then chooses to wait to receive another call with the full location, but that call never arrives. The victim may lose a leg or suffer other injury that could have been saved by a quick emergency medical response.
In such a case, in order to win a claim against the city, the victim’s personal injury lawyer would need to fulfill certain requirements. For example, it would be necessary to show that the dispatcher was negligent. It would be necessary to show that the negligence regarded the use of tangible property. It would be necessary to show that this negligence was the proximate cause of the victim losing a leg. And, it would be necessary to show that the dispatcher either did not follow applicable laws or acted with reckless disregard for the safety of the victim. Each one of these elements may be difficult to prove. Only an experienced personal injury lawyer may be able to give the victim any chance of recovery.
911 Emergency Response System Records
If you believe you have been harmed due to the negligence of your local 911 emergency response system, contact a personal injury lawyer immediately. Often, local governmental authorities keep 911 tapes and transcripts only for a limited period of time. If you do not act quickly, key evidence may disappear.
For this reason, you should contact a personal injury lawyer immediately after any injury. A good attorney will act quickly to preserve evidence. Keep in mind that any time you are severely injured, it is always a good idea to call 911. If the 911 emergency response system performs as expected, your 911 records may provide a key piece of evidence that may be critical to any claim you may have.
In most cases, our local 911 emergency response system and personnel perform at high standard levels. They prevent injuries and save lives. With the widespread use of mobile phones, 911 systems have become overloaded. This is when mistakes happen. If such mistakes are due to negligence or worse, you may have a claim against the governmental entity operating the 911 system. Winning an award under these circumstances is difficult. This requires the assistance of a top notch personal injury lawyer. If you believe you have been harmed by an improper response to a 911 call, or suffer from any personal injury, Kilgore & Kilgore can provide the legal help you need. To learn more about personal injury law, click here Kilgore & Kilgore’s Personal Injury Law Practice. Reach out to us if you think you have a claim, click here Contact Kilgore & Kilgore.