"What If I Get Sued for Doing My Job?"
This brochure is intended to provide general information on liability protection and issues for TAMUS employees only. It is not intended to provide legal advice or counsel to any individual or entity. For specific legal questions, contact your liaison attorney.Why should I be concerned about legal protection?
With the number of lawsuits rising annually across the United States, the level of concern for protection from liability exposure has also risen. Each year, hundreds of cases are decided that have a direct impact on higher educational institutions, and most of them began as a problem that had to be dealt with by an employee. In order for employees to be able to do their jobs in the best possible way, they should know and understand the legal protection available to them.
Are there any laws that protect me since I work for the State of Texas?
When any TAMUS employee is sued for actions that he or she took or decisions made as a part of their official duties, the law provides that they will be indemnified (i.e., repaid for any costs) for attorneys' fees and damages. The state Attorney General's Office--along with the TAMUS Office of General Counsel--provide no-cost legal representation for TAMUS employees in accordance with the terms of the statutes. In some cases, an attorney retained by the insurance company with which TAMUS has a liability policy will also be provided at no charge. If it is determined that an employee needs their own attorney (apart from the ones listed above) indemnification will be provided for attorney's fees, up to the legal limits, in accordance with the law. It is essential to the defense of any case that the employee who is being sued cooperate fully with defense counsel. TAMUS employees are covered by two statutes that were enacted specifically to provide protection to state entities and employees in both tort cases and those where a person accuses the TAMUS employee of violating their constitutional rights.
If a TAMUS employee is charged with a crime for actions taken on the job, neither the Office of General Counsel nor the Office of the Attorney General can provide legal advice on the criminal case. The employee will need to retain and pay for his or her own criminal defense attorney. The law does permit attorneys' fees in some criminal cases to be reimbursed to an accused employee up to a maximum of $10,000.
What is a "tort"?
A tort is a civil (as opposed to a criminal) wrong, other than a breach of contract. Torts are either intentional (such as assault, battery, or defamation), or negligent. "Negligence" means that someone failed to act as a reasonably prudent person would under the same or similar circumstances. Typical examples of negligent torts include slip and fall cases and other accidents. Negligence in supervising others or in using equipment, such as motor vehicles, may also give rise to a tort claim. In order to recover any damages, a plaintiff (the person bringing the suit) must show that the negligence of the TAMUS employee resulted in personal injury, death or damage to property. Protection for TAMUS employees is provided by Chapter 104, Texas Civil Practice and Remedies Code.
What is a constitutional rights case?
Some examples of constitutional rights cases are those alleging illegal discrimination, violation of due process protections, or First Amendment rights. Protection for state employees is provided by Chapter 104 of the Texas Civil Practice and Remedies Code.
Are there limits to the protection I have?
Yes. The maximum statutory amounts (established by the Legislature) are as follows:
| Chapter 101 (Tort Claims Act) | Chapter 104 | |
|---|---|---|
| Personal Injury | $250K per person $500K per occurrence |
$100K per person $300K per occurrence |
| Death | $250K per person $500K per occurrence |
$100K per person $300K per occurrence |
| Property Damage | $100K per occurrence | $10K per occurrence |
In addition, by law the personal liability of public servants (except for health care providers) in most Chapter 104 cases is limited to the $100,000 indemnity described above and any applicable insurance proceeds.
Where does the money come from if I lose?
In most cases if the State pays the damages it will recover the amount paid from funds allocated to the institution or agency that you were working for at the time of the action that brought about the lawsuit or claim.
What if the court awards the plaintiff more money than these limits?
A successful plaintiff may file a bill in the Texas Legislature to have any excess judgment funded. There is always the potential that an individual's personal assets could be required to be used to pay part of a judgment, but this rarely occurs.
Do I need to buy personal liability insurance?
TAMUS cannot advise you in regard to your personal insurance needs. The needs of each employee will vary according to his or her position, responsibilities, and assets. You may wish to consult your personal financial advisor or attorney, and provide them with the information contained in this brochure.
Is there anything I can do to avoid being sued?
Although you can not stop people from filing lawsuits, you can do some things to reduce the likelihood of it and protect yourself:
- Follow safety and health procedures carefully, and be aware of potential hazards and problems in your workplace. Report them to your supervisor or other appropriate office as soon as possible.
- When writing letters, memos, or other documents, be objective and clear in your writing. Remember, if a lawsuit or claim arises in the future, what you write will usually carry greater weight than what you say.
- Familiarize yourself with the policies and procedures that affect your job. If you don't understand something, ask your supervisor for assistance.
- Take advantage of opportunities for continuing education and training in the policies and procedures that affect your area of employment.
