In order for nonuse of property to be "use" of property under the Texas Tort Claims Act, some property must be used that lacks an integral safety component, and the use of the said "some property" must proximately cause the injury. The appellant does not allege that he was provided with medical supplies that lacked an integral safety component, but rather, that he was provided with no medical supplies at all. While these medical supplies may have prevented his injuries, they did not proximately cause them.
July 21, 2003 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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