New Orleans, LA asked in Personal Injury, Civil Litigation, Wrongful Death and Criminal Law for Texas

Q: Can I sue a jail if 3 doors were left unsecured and my son escaped?

The jail was sited with a non compliance 28 days after this incident. My son hijacked a car, led police on a 107 mile chase that ended with police shooting my son in the back. He died later that day.

2 Lawyer Answers
Gary K. Burger Jr
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Answered

A: I'm sorry for you loss. It sounds like a very painful way to lose a loved one.

There is likely an issue of sovereign immunity in this case, as it involves a government agency. This exempts agencies and their employees from being held responsible, though there are exceptions such as if their actions were intentional or outside of the remit of their job.

There is also the issue of fault. Texas has a modified comparative fault rule, so someone who is partially at fault in a situation could still have a claim to recover damages as long as they are less than 51% at fault. In this situation, unfortunately, escaping jail and running from the cops (in a chase that sounds like it also could have endangered others on the road based on your son's decision to run) probably bears most of the fault. Even though jail employee(s) may have made mistakes or failed to follow protocol by leaving door unsecured and keys within reach, those discrepancies alone did not directly cause his fatal injuries.

You may want to reach out directly to a few civil/wrongful death attorneys in your area to get another opinion. It's possible that someone may be willing to take your case after investigating the details, though I don't want to give you false hope. This is something that I often recommend when someone asks me about a case. It's good to do your due diligence, but it's possible that other details may come to light that offer some kind of path to a remedy for you and your loss.

Again, I'm so sorry for your loss. In addition to the answer above, I encourage you to seek out help for yourself and your loved ones to process your grief in this extremely difficult situation.

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