Broken bone injury in Dallas: who pays when a fall or crash fractures a bone

In Dallas, the abutting owner is primarily liable for damage from a defective sidewalk. A fracture caused by a city vehicle needs written notice to the city within six months. A broken bone claim has the general 2-year Texas deadline to sue.

Last checked November 9, 2026 · Official sources (38)

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Road map of Dallas showing the pedestrian safety corridors on Maple Avenue, Camp Wisdom Road and Ferguson Road
In Dallas, the abutting owner is primarily liable for a bad sidewalk. Map data © OpenStreetMap contributors.

Where do broken bones happen in Dallas and who is liable?

Many happen on foot. On Dallas roads other than limited-access highways, 43 pedestrians died in 2025, and the city lists pedestrian crashes first among its seven focus factors, at 30 percent of crashes. The city has grant money for five pedestrian safety corridors: Maple, Camp Wisdom, Lake June, Ferguson and St. Augustine.

Falls cause plenty of fractures too. The answer to who is liable changes with the place.

PlaceWho may be liableLocal rule
SidewalkThe abutting owner or the person using the propertyDallas City Code says the owner is primarily liable for damage from a defective sidewalk
Apartment stairs, balcony or walkwayThe owner or managerOwners must keep balconies, landings and walkways fastened and in working order
Apartment handrailThe owner or managerHandrails and guardrails must be fastened and anchored
City street or city vehicleThe City of DallasWritten notice within six months
Crash with another driverThe at-fault driverA policy must cover at least $30,000 per person

An owner who does not fix a sidewalk defect within 30 days of written city notice commits an offense. That date is useful: ask whether the city sent a letter before you fell.

Where do I go for a broken bone in Dallas?

For a suspected break of the hip, pelvis or upper leg, call 911. For a bad fracture, the Level I centers are Parkland, Baylor University Medical Center and Methodist Dallas. Some fractures are open, with bone through the skin, and some need surgery with plates, pins or screws.

Watch the first days. A cast or bandage that is too tight can cause compartment syndrome, and the warning sign is pain far beyond what is expected. It can lead to muscle death and loss of function. Tell the nurse or doctor at once.

What can I claim for a broken bone in Dallas?

A stiff or scarred limb after a fracture can bring separate Texas items for mental anguish, disfigurement and physical impairment. Physical impairment must be substantial and go beyond the other items. A break into a joint can raise the risk of arthritis more than 20-fold, so ask your surgeon to write about long-term risk.

Medical recovery is limited to what was actually paid or owed. Lost earnings must be proved as a loss after tax. If admitted within 72 hours, the hospital may hold a lien.

No page can say what a broken leg is worth. Settlement terms may not be public.

What if a Dallas city sidewalk or street caused the fall?

  1. Write down the exact spot, date and time, and photograph the defect with something for scale.
  2. Send written notice within six months to the Office of Risk Management, 1500 Marilla 6A South, Dallas 75201, phone 214-671-9458.
  3. State when, where and how you were hurt, the full extent of the injury and the amount of damages.
  4. Expect an adjuster to contact you within three working days of receipt.

Texas asks only a limited duty of the government for an ordinary premise defect, but a higher one for special defects such as obstructions. Damages are capped at $250,000 per person for cities.

What if I broke a bone at work in Dallas?

Not every Texas employer carries workers' compensation. Check an employer's coverage through TXCOMP. The state Division of Workers' Compensation Dallas Field Office is at 1250 W. Mockingbird Lane, Suite 200.

Questions

How long do I have to sue for a broken bone in Dallas?

Generally 2 years. If a city sidewalk or road caused the fall, written notice to Dallas is due in six months.

Can I sue if I was partly at fault for my fall?

Yes, unless you were more than 50 percent at fault.

What if a child broke a bone?

Time as a minor is not counted toward the deadline, but being a minor does not pause the six-month city notice.

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Sources (38)

  1. Dallas City Code § 43-33, checked 2026-11-08. “shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition”
  2. Dallas City Charter, Chapter XXIII, Section 1, checked 2026-11-08. “within six months after the injury was received”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. MedlinePlus (NIH), checked 2026-11-09. “There is a suspected broken bone in the hip, pelvis, or upper leg.”
  5. MedlinePlus (NIH), checked 2026-11-09. “Pain that is much higher than expected with the injury”
  6. MedlinePlus (NIH), checked 2026-11-09. “A cast or bandage that is too tight”
  7. Texas Civ. Prac. & Rem. Code § 41.001(12), checked 2026-11-09. “physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment”
  8. City of Dallas, Vision Zero 2025 Annual Progress Report (April 2026), checked 2026-11-08. “Pedestrians 47 50 55 46 43”
  9. City of Dallas, Vision Zero Crash and Survey Data Analysis, checked 2026-11-08. “1. Pedestrian-Involved Crashes (30% of crashes)”
  10. City of Dallas, Vision Zero 2025 Annual Progress Report, checked 2026-11-08. “five pedestrian safety corridors (Maple, Camp Wisdom, Lake June, Ferguson, and St. Augustine)”
  11. Dallas City Code § 27-11, checked 2026-11-09. “all balconies, landings, porches, decks, and walkways in operating condition and securely fastened”
  12. Dallas City Code § 27-11, checked 2026-11-09. “An owner shall maintain all handrails and guardrails: (A) in operating condition and securely fastened and anchored”
  13. Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
  14. Dallas City Code § 43-63, checked 2026-11-08. “fails to reconstruct or repair a defective, unsafe, or hazardous condition within 30 days after the date of the written notice”
  15. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “PARKLAND MEMORIAL HOSPITAL 7/1/2028 E DALLAS 75235”
  16. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “BAYLOR UNIVERSITY MEDICAL CENTER 4/1/2028 E DALLAS 75246”
  17. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “METHODIST DALLAS MEDICAL CENTER 12/1/2027 E DALLAS 75203”
  18. MedlinePlus (NIH), checked 2026-11-09. “Whether the bone breaks through the skin; if it does, it's called an open (or compound) fracture.”
  19. MedlinePlus (NIH), checked 2026-11-09. “In some cases, you may need surgery to put in plates, pins, or screws to keep the bone in place.”
  20. MedlinePlus (NIH), checked 2026-11-09. “If the pressure lasts long enough, the muscles may die and the arm or leg will no longer work.”
  21. Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003), checked 2026-11-09. “the effect of any physical impairment must be substantial and extend beyond any pain, suffering, mental anguish, lost wages or diminished earning capacity”
  22. PubMed Central (NIH), checked 2026-11-09. “articular fractures can increase the risk more than 20-fold”
  23. Texas Civ. Prac. & Rem. Code § 41.0105, checked 2026-11-09. “recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant”
  24. Texas Civ. Prac. & Rem. Code § 18.091, checked 2026-11-09. “must be presented in the form of a net loss after reduction for income tax payments”
  25. Texas Property Code § 55.002, checked 2026-11-09. “must be admitted to a hospital not later than 72 hours after the accident”
  26. U.S. Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005, checked 2026-11-09. “The terms of settlement agreements and other key information for civil cases resolved prior to trial may not be reported to the court or may not be publicly available.”
  27. City of Dallas, Notice of Claim Form, checked 2026-11-08. “OFFICE OF RISK MANAGEMENT 1500 MARILLA 6A SOUTH DALLAS, TEXAS 75201 214-671-9458”
  28. Dallas City Charter, Chapter XXIII, Section 1, checked 2026-11-08. “when, where, and how the exact injury occurred; (2) the full extent of the injury; and (3) the amount of damages claimed or asserted”
  29. City of Dallas, How to File a Claim, checked 2026-11-08. “Within three working days after receiving your claim , a claim adjuster will contact you”
  30. Texas Civil Practice and Remedies Code 101.022, checked 2026-11-09. “the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property”
  31. Texas Civil Practice and Remedies Code 101.022, checked 2026-11-09. “special defects such as excavations or obstructions on highways, roads, or streets”
  32. Texas Civil Practice and Remedies Code 101.023, checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence”
  33. Texas Department of Insurance, Division of Workers' Compensation, checked 2026-11-09. “Not all Texas employers provide workers' compensation insurance, but most do.”
  34. Texas Department of Insurance, Coverage verification, checked 2026-11-08. “Verify coverage at TXCOMP NCCI website.”
  35. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “1250 W. Mockingbird Lane, Suite 200 Dallas, TX 75247-6952”
  36. Texas Civ. Prac. & Rem. Code § 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  37. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  38. Martinez v. Val Verde County Hospital District (Tex. 2004), checked 2026-11-09. “The lower courts held that it is not,[2] and we agree.”

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