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Winning Against City Negligence
Summary
To pursue a claim against the city for property damage under the Texas Tort Claims Act, ensure you filed a notice of claim within six months. Prove the citys negligence caused the erosion by gathering evidence such as historical records, expert testimony, photographic evidence, city correspondence, and witness statements. If you missed the filing deadline, explore possible exceptions. To obtain historical records or past complaints, file a Public Information Request with the City of DeSoto Public Works Department.Full Conversation
I have been fighting with the city of Desoto 0for the past 10 years concerning the property damage to my home. The creek along side my house has enormous erosion from the water. It has washed away land all the way to the base of my home causing one peer to fall. There has been many city officials visiting my home and there were conversation to buy my family out. How can I win in court against the city under the Texas tort claims act?
To win in court against the city under the Texas Tort Claims Act, consider these points:
- Notice Requirements: Ensure you filed a notice of claim within six months of the incident.
- Government Liability: Prove the city's negligence caused the erosion and damage.
- Evidence: Gather evidence such as photos, city official statements, and expert opinions on the damage and its cause.
Have you already consulted with a lawyer who specializes in property damage or municipal liability?
- Notice Requirements: Ensure you filed a notice of claim within six months of the incident.
- Government Liability: Prove the city's negligence caused the erosion and damage.
- Evidence: Gather evidence such as photos, city official statements, and expert opinions on the damage and its cause.
Have you already consulted with a lawyer who specializes in property damage or municipal liability?
what ideas can you think of to prove the city negligence that caused property damages due to the creek?
To prove the city's negligence, you can consider the following:
- Historical Records: Obtain records of city maintenance and any past complaints or reports about the creek.
- Expert Testimony: Hire an environmental or civil engineer to testify about the erosion and its link to the city's negligence.
- Photographic Evidence: Collect before-and-after photos showing the progression of damage.
- City Correspondence: Gather documents and communication with city officials regarding the issue.
- Witness Statements: Get statements from neighbors or other residents experiencing similar issues.
Have you already started collecting any of these types of evidence?
- Historical Records: Obtain records of city maintenance and any past complaints or reports about the creek.
- Expert Testimony: Hire an environmental or civil engineer to testify about the erosion and its link to the city's negligence.
- Photographic Evidence: Collect before-and-after photos showing the progression of damage.
- City Correspondence: Gather documents and communication with city officials regarding the issue.
- Witness Statements: Get statements from neighbors or other residents experiencing similar issues.
Have you already started collecting any of these types of evidence?
Am I still able to win against the city if I failed to file a claim within the time frame?
If you failed to file a claim within the required time frame under the Texas Tort Claims Act, it could significantly affect your ability to win. However, there might be exceptions based on specific circumstances.
Have you explored whether any exceptions or extensions apply to your situation?
Have you explored whether any exceptions or extensions apply to your situation?
how can I find out the historical records of the city maintenance the creek?
To find historical records of city maintenance for the creek:
- Contact the City of DeSoto Public Works Department.
- File a Public Information Request (PIR) under the Texas Public Information Act.
Would you like information on how to file a Public Information Request?
- Contact the City of DeSoto Public Works Department.
- File a Public Information Request (PIR) under the Texas Public Information Act.
Would you like information on how to file a Public Information Request?
yes please provide me step by step process and how to respond to questions.
Sure, here's a step-by-step process for filing a Public Information Request (PIR) and how to respond to questions:
How to File a Public Information Request (PIR) in Texas:
*. Draft Your Request:
- Clearly state that you are making a request under the Texas Public Information Act.
- Describe the information you are seeking as specifically as possible (e.g., "records of maintenance for the creek near my property from [year] to [year]").
*. Submit Your Request:
- Send your request via mail, email, or fax to the City of DeSoto Public Works Department. Check their website for contact information.
*. Follow Up:
- Keep a copy of your request and any correspondence.
- Follow up if you do not receive a response within * business days.
*. Draft Your Request:
- Clearly state that you are making a request under the Texas Public Information Act.
- Describe the information you are seeking as specifically as possible (e.g., "records of maintenance for the creek near my property from [year] to [year]").
*. Submit Your Request:
- Send your request via mail, email, or fax to the City of DeSoto Public Works Department. Check their website for contact information.
*. Follow Up:
- Keep a copy of your request and any correspondence.
- Follow up if you do not receive a response within * business days.
Responding to Questions:
- User Question: "How can I win in court against the city under the Texas Tort Claims Act?"
- Response: Case Rating: *. Ensure you filed a notice of claim within six months. Prove the city's negligence caused the erosion. Gather evidence like photos, city official statements, and expert opinions. Have you consulted alawyer?
- User Question: "What ideas can you think of to prove the city's negligence that caused property damages due to the creek?"
- Response: Case Rating: *. Obtain historical records of city maintenance, hire an expert for testimony, collect before-and-after photos, gather city correspondence, and get witness statements. Have you started collecting any evidence?
- User Question: "Am I still able to win against the city if I failed to file a claim within the time frame?"
- Response: Case Rating: *. Missing the filing deadline can significantly affect your case. However, exceptions might apply. Have you explored any exceptions or extensions?
- User Question: "How can I find out the historical records of the city maintenance the creek?"
- Response: Case Rating: *. Contact the City of DeSoto Public Works Department and file a Public Information Request under the Texas Public Information Act. Would you like detailed steps on how to file a PIR?
Would you like more details on any of these points?
- User Question: "How can I win in court against the city under the Texas Tort Claims Act?"
- Response: Case Rating: *. Ensure you filed a notice of claim within six months. Prove the city's negligence caused the erosion. Gather evidence like photos, city official statements, and expert opinions. Have you consulted alawyer?
- User Question: "What ideas can you think of to prove the city's negligence that caused property damages due to the creek?"
- Response: Case Rating: *. Obtain historical records of city maintenance, hire an expert for testimony, collect before-and-after photos, gather city correspondence, and get witness statements. Have you started collecting any evidence?
- User Question: "Am I still able to win against the city if I failed to file a claim within the time frame?"
- Response: Case Rating: *. Missing the filing deadline can significantly affect your case. However, exceptions might apply. Have you explored any exceptions or extensions?
- User Question: "How can I find out the historical records of the city maintenance the creek?"
- Response: Case Rating: *. Contact the City of DeSoto Public Works Department and file a Public Information Request under the Texas Public Information Act. Would you like detailed steps on how to file a PIR?
Would you like more details on any of these points?
how can I find any past complaints or report about the creek that's along side my house
You can find past complaints or reports about the creek by:
- Filing a Public Information Request (PIR) with the City of DeSoto for records of complaints and reports related to the creek.
- Contacting the City of DeSoto Public Works Department directly to inquire.
Would you like more details on how to file the PIR?
- Filing a Public Information Request (PIR) with the City of DeSoto for records of complaints and reports related to the creek.
- Contacting the City of DeSoto Public Works Department directly to inquire.
Would you like more details on how to file the PIR?
yes
Sure! Here's how you can file a Public Information Request (PIR) to find past complaints or reports about the creek:
*. Draft Your Request:
- Clearly state it's under the Texas Public Information Act.
- Specifically describe the information you seek (e.g., "records of complaints and reports about the creek near my property from [year] to [year]").
*. Submit Your Request:
- Send it via mail, email, or fax to the City of DeSoto Public Works Department. Check their website for contact details.
*. Follow Up:
- Keep copies of your request and any correspondence.
- Follow up if you don’t receive a response within * business days.
Have you already contacted the Public Works Department for any initial inquiries?
*. Draft Your Request:
- Clearly state it's under the Texas Public Information Act.
- Specifically describe the information you seek (e.g., "records of complaints and reports about the creek near my property from [year] to [year]").
*. Submit Your Request:
- Send it via mail, email, or fax to the City of DeSoto Public Works Department. Check their website for contact details.
*. Follow Up:
- Keep copies of your request and any correspondence.
- Follow up if you don’t receive a response within * business days.
Have you already contacted the Public Works Department for any initial inquiries?
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