Woman's Family Drowns, City Claims Immunity


Edith Suarez's husband, Hector, and twin daughters drowned at a man made beach in Texas in 2010. The two girls were struggling to stay afloat when they were ten feet away from the beach, so Hector went out to try to help them. All three were swept away.

The dike has been open since 1963 and visitors are allowed to fish, boat, and hunt crabs, but swimming is only allowed in certain areas. Hurricane Ike in 2008 destroyed a portion of the dike, and not all of the warning signs have been replaced.

Edith sued the city for negligence and gross negligence, claiming the city knew the dangers of beach.

The city trial denied Texas City immunity, but the Texas Supreme Court reversed that decision. Texas Supreme Court ruled that Texas city cannot be sued for its "deadly undertows" from passing ships.

Texas Supreme Court Justice Eva Guzman said that Texas City is covered by immunity, and wrote that, "immunity is waived only if the governmental entity (1) knew about a condition of the property giving rise to an extreme degree of risk and (2) proceeded with conscious indifference to the rights, safety and welfare of others." She continued and said that, " to the extent this evidence raises any inference that the city knew uniquely perilous conditions existed at the beach (or at the dike generally), the evidence is equally consistent with mere knowledge of the risks inherently associated with open-water swimming."

Comments from Allen:

Sovereign immunity in the US is a privilege that does not allow federal, state, and tribal governments to be sued without their consent. It is based on the principle of "rex non potest peccare," which means "the king can do no wrong."

The states, and the United States can, however, waive that immunity and allow themselves to be sued.  The US and individual states generally allow citizens to sue them for negligence.  In Idaho, the State of Idaho has allowed itself to be sued in specific instances, and likewise has prohibited suits against it for certain types of behavior.  The details of this waiver of immunity are contained in the Idaho Tort Claims Act, found at Chapter 9, Title 6, of the Idaho Code.

If you have been wronged by a person acting in his capacity as a state employee, even if the type of wrong is prohibited under the state Tort Claims Act, you will be allowed to bring suit against the individual who wronged you if your situation is a violation of your civil rights covered by the United States Civil Rights Act, 42 U.S.C. 1983.

In the case of the Suarez family, their civil rights were not violated.  To the extent the state did anything wrong, it was through negligence.   Because the state did not waive its immunity to be sued in this specific instance, the family has no recourse against the state for its failure to replace missing signs warning of dangerous surf.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.


Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Sources for more information:

http://www.courthousenews.com/2015/07/08/widow-cant-sue-city-for-drowning-deaths.htm

https://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States

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