San Antonio U.S. Courthouse Federal Building. Credit: Google U.S. Fifth Circuit Sends Premises Liability Question to Texas Supreme Court
The Fifth Circuit, leaning in plaintiffs' favor, noted the Texas Supreme Court has indicated negligent undertaking may be a remedy in some circumstances.
August 12, 2024 at 04:03 PM
4 minute read
The original version of this story was published on Texas Lawyer
What You Need to Know
- A civil service employee's death on a U.S. Army base raises an issue on whether its possible to preserve a storm-related liability claim against the USA.
- A federal appeals court preserved a negligent undertaking claim but sent a question to the Texas Supreme Court.
- The high court is being asked if damages can be recovered if the claim involves the natural accumulation rule.
The drowning death of a civil service employee on a U.S. Army facility has raised an issue on whether it's possible to preserve a storm-related liability claim against the United States.
The U.S. Court of Appeals for the Fifth Circuit sent, and the Texas Supreme Court accepted, a certified question on negligent undertaking, emphasizing the state's caselaw does not answer if a negligent undertaking theory to recover damages is possible when such claims are barred by the natural accumulation doctrine.
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