The Texas Tort Claims Act waives sovereign immunity for suits against the state to recover for personal injury and death caused by "a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law." The statutory vagueness of the "use of property" provision has created a lack of predictability in litigation against the state. This paper examines judicial interpretation of the provision and proposes a legislative amendment to provide potential litigants with a consistent rule of law.
--Author's foreword.
