Skip to content

Legal advertising service. Not a law firm or a lawyer referral service.

InjuryClaimGuide
For firms
Back to Learning Center
Auto Accidents

Pothole or road defect claim in Houston: premise defects, special defects and notice to the City, Harris County or TxDOT

What Texas law says about injuries from a pothole or other road defect in Houston: how the Tort Claims Act treats premise and special defects, why vehicle damage is treated differently, and the written notice rules of the City of Houston, Harris County and TxDOT.

11 min readPublished October 30, 2026Last updated October 30, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

In Texas, a claim against a government about an injury blamed on a defect in a public road runs through the Texas Tort Claims Act (Civil Practice and Remedies Code chapter 101) and each government's written notice rules. The Act covers "personal injury and death" caused by a condition of tangible personal or real property, not property damage (§101.021(2)); it limits the duty owed for "premise defects" but not the duty to warn of "special defects such as excavations or obstructions on highways, roads, or streets" (§101.022); and the notice period depends on the government: 90 days in the City of Houston's charter, 180 days in Harris County's published procedure, and six months under the statute's general rule (§101.101).

This guide provides general informational guidance and is not legal advice. It does not say whether any road condition was a premise or special defect, whether any notice was on time, or whether any claim is covered; an attorney can tell you that.

About 2 minutes. Free to you.

Start free intake

Key facts (as of October 30, 2026)

  • The Act covers personal injury and death from a property condition. It does not list property damage for that kind of claim (§101.021(2)).
  • Street maintenance is a governmental function. A municipality is liable under the Act for damages from its governmental functions, which include street construction and design, street maintenance and maintenance of traffic signals, signs and hazards (§101.0215).
  • Premise defects and special defects carry different duties. Special defects are described as "excavations or obstructions on highways, roads, or streets" (§101.022).
  • The City of Houston's charter notice is 90 days. It must be written and verified (City of Houston).
  • Harris County's published procedure says 180 days. Written notice is addressed to Harris County Commissioners Court, attention Clerk of Commissioners Court (Harris County).
  • The statute's general rule is six months. A governmental unit is entitled to notice not later than six months after the incident, and a city charter's notice provisions within a charter period permitted by law are ratified (§101.101).

Which governments can be involved in a road defect claim?

A claim about a road defect in the Houston area may involve the City of Houston, Harris County, the Texas Department of Transportation or another government. Each is a "governmental unit" under the Act, which includes "this state and all the several agencies of government" and "a political subdivision of this state, including any city, county" and other districts (§101.001). Which government maintains a particular road is a question this guide does not answer. The notice rules differ by government, so they are described separately.

What does the Tort Claims Act say about road conditions?

Chapter 101 waives sovereign immunity only "to the extent of liability created by this chapter" and lets a person with a claim under it sue a governmental unit for damages the chapter allows (§101.025). The sections that bear most directly on a road defect are:

  • Personal injury and death from a property condition. A governmental unit is liable for "personal injury and death so 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" (§101.021(2)). The other branch of §101.021, for property damage, personal injury and death, applies to the operation or use of a motor-driven vehicle or motor-driven equipment by an employee, which is a different kind of claim (§101.021(1)).
  • Municipal functions. A municipality is liable under the Act for damages arising from its governmental functions, including street construction and design, bridge construction and maintenance, street maintenance, and maintenance of traffic signals, signs and hazards (§101.0215(a)).
  • Discretionary decisions. The Act does not apply to a claim based on a governmental unit's failure to perform an act it is not required by law to perform, or on a decision, or failure to decide, about an act the law leaves to the unit's discretion (§101.056).
  • Signs, signals and warning devices. The Act does not apply to a claim arising from the absence, condition or malfunction of a traffic or road sign, signal or warning device unless it "is not corrected by the responsible governmental unit within a reasonable time after notice," and that section "does not apply to the duty to warn of special defects such as excavations or roadway obstructions" (§101.060).

What is the difference between a premise defect and a special defect?

Section 101.022 draws the line:

  • Premise defects. "If a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises."
  • Special defects. "The limitation of duty in this section does not apply to the duty to warn of special defects such as excavations or obstructions on highways, roads, or streets," nor to the duty to warn of the absence, condition or malfunction of traffic signs, signals or warning devices that §101.060 requires.
  • Toll roads. The premise-defect rule is stated separately for toll roads: "If a claim arises from a premise defect on a toll highway, road, or street, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property" (§101.022).

Chapter 101's definitions section (§101.001) does not define "premise defect" or "special defect," and this guide does not say whether a pothole or any other road condition is one or the other. Our guide to premises liability basics explains how Texas law treats private property, which is a different question.

Why is vehicle damage treated differently from injury?

The Act's property-condition branch is limited to "personal injury and death" (§101.021(2)). Two governments say what that means in practice:

  • The City of Houston. Its Filing a Claim page asks whether the City will reimburse damage to a vehicle "caused by a pothole or an object on a City street" and answers "No," adding that "Under State law, the City is not liable for property damage caused by the condition of its streets" (City of Houston).
  • TxDOT. Its claims page says §101.021 "does not allow TxDOT to expend state funds for damage to property (e.g. vehicles) that is sustained as a result of highway conditions," and that "If desired, you should contact your insurance company, and report the incident of property damage to them" (TxDOT).

This guide describes those statements as written. It does not say whether a particular loss is covered. Our guide to Texas property damage and injury claims explains how the two kinds of claims differ in general.

What written notice does the City of Houston require?

City Charter article IX, section 11 provides that "Before the City of Houston shall be liable for damages for personal injuries of any kind, or for injuries to or destruction of property of any kind," the injured person, the owner of the property, or someone on their behalf must give the mayor and city council "notice in writing of such injury or destruction, duly verified, within 90 days after the same has been sustained." The charter lists what the notice must state: when, where and how the injury or destruction occurred and its apparent extent; the amount of damage sustained and the amount the claimant would accept; the claimant's street address when the claim is presented and for the six months before the injury; and the names and addresses of the witnesses the claimant relies on. InjuryClaimGuide does not suggest or estimate any amount. Failure to notify within the time and manner specified "shall exonerate, excuse and exempt the city from any liability whatsoever" (City of Houston).

The City's page lists the steps: put the information in writing, sign the letter before a notary public, and mail it with the listed attachments to the City Secretary's Office, with a copy to the City Attorney's Office, Attn: Claims/Subrogation Section (City of Houston). The Tort Claims Act itself says a city's charter and ordinance provisions requiring notice within a charter period permitted by law "are ratified and approved" (§101.101(b)). Our guide on crashes with a City of Houston, Harris County or other government vehicle walks through the charter notice in more detail.

What notice applies to Harris County and the Harris County Flood Control District?

Harris County Risk Management's published claim procedure, revised December 9, 2025, says the procedure "must be followed before any claim against Harris County and/or the Harris County Flood Control District can be resolved," that it "is required by law, as well as by the governmental bodies concerned," and that "written notice of your claim must be mailed or delivered in person within 180 days of the occurrence" to Harris County Commissioners Court, 1001 Preston, Room 610, Houston, Texas 77002, attention Clerk of Commissioners Court. The document asks for a detailed account including the date, time and place, a description of the occurrence, the names of the people involved, a description of any injuries, documented support for the claim, and the names and contact details of witnesses, among other items it lists. Harris County Risk Management's phone number on the document is (713) 274-5468 (Harris County).

The same document says that nothing in it is an admission of liability, that transmitting it does not mean notice of any claim has been given or received, and that the information in it is "merely a gratuitous accommodation" (Harris County).

What notice applies to TxDOT and other state roads?

TxDOT is a state agency, and the Act's general notice rule says a governmental unit "is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred," and the notice must reasonably describe the damage or injury claimed, the time and place of the incident, and the incident (§101.101(a)). The notice requirements "do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged" (§101.101(c)).

TxDOT says that for a claim other than property damage from highway conditions it "must receive your claim in writing," that "Oral claims are not accepted and there is no formal claim form," and that a letter with the location, mile marker, exit number, county and type of damage, plus the sender's contact information, can be submitted online or mailed to the Texas Department of Transportation, Occupational Safety Division, PO Box 149148, Austin, TX 78714-9148. TxDOT adds that all claims will be processed but that submitting them "does not imply TxDOT's acceptance of liability/responsibility" (TxDOT).

Is reporting a road defect the same as giving notice of a claim?

The pages this guide read treat them as different things. Houston 311 is the City's service line, available 24 hours a day, 7 days a week, by calling 311 or 713.837.0311, and its site lists a "Pothole Tracker" (Houston 311). TxDOT's contact page has a "Report an issue" link for "Pothole repair, signal outage, damaged guard rails, something on the road, etc.," and says to dial 911 for immediate hazards (TxDOT). The City's Filing a Claim page, by contrast, describes a written, notarized notice sent to the City Secretary's Office, and TxDOT's claims page asks for a written letter (City of Houston; TxDOT).

This guide does not say whether a service request or a report satisfies any notice requirement for any claim. We did not read a Harris County channel for reporting road defects, so this guide does not describe one.

What limits does the Act place on a claim?

  • Maximum amounts. Liability under the Act is limited to money damages in maximum amounts that differ for state government, units of local government and municipalities, and that vary for bodily injury or death and for injury to or destruction of property (§101.023). The amounts are in our Tort Claims Act reference entry.
  • No exemplary damages. "This chapter does not authorize exemplary damages" (§101.024).
  • Election of remedies. Filing suit against a governmental unit under the Act is "an irrevocable election" that bars suit against its individual employees on the same subject matter, and the reverse is also stated (§101.106).

How long does Texas law generally allow to file an injury lawsuit?

Texas generally requires a personal injury suit to be brought not later than two years after the day the cause of action accrues, with exceptions the Code states (Civ. Prac. & Rem. Code §16.003). A written notice period like the ones above is separate from, and can be much shorter than, that general period. Our guide to the Texas statute of limitations for injury claims explains the general rule.

Is there a Houston-specific rule?

Yes, for the City: the 90-day charter notice described above. Harris County publishes its own procedure, and the state's rule is the statute's six months. We did not find any other Houston or Harris County rule specific to potholes, and we did not read how Houston or Harris County decides which of them maintains a given road.

Records people commonly keep after an injury on a road defect

It can help to keep these in one place:

  • Photos or video of the road defect and its surroundings, with a note of the exact location, nearest cross street or mile marker, if it was safe to take them
  • The date and time, and the weather and lighting conditions
  • Any 311 or other service request number, and any reply received
  • Any warning signs, cones or barricades that were or were not present
  • Medical bills and records, and records of missed work and pay
  • Copies of any written notice sent to a government, and proof of how and when it was mailed or delivered

Our guides on what evidence helps an injury claim and what to do after a car accident in Houston explain how records like these are commonly used.

Related guides

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently asked questions

Does the Texas Tort Claims Act cover vehicle damage from a pothole?
Civil Practice and Remedies Code §101.021(2) covers "personal injury and death" caused by a condition or use of tangible personal or real property, not property damage. The City of Houston's Filing a Claim page says that under state law the City is not liable for property damage caused by the condition of its streets, and TxDOT says §101.021 does not allow it to spend state funds on damage to property, such as vehicles, sustained as a result of highway conditions. TxDOT says a person may contact their own insurance company about property damage. This guide does not say how the rule applies to any claim.
What is the difference between a premise defect and a special defect under Texas law?
Section 101.022 says that for a claim arising from a premise defect a governmental unit owes only the duty a private person owes to a licensee on private property, unless the claimant pays for the use of the premises. That limit does not apply to the duty to warn of "special defects such as excavations or obstructions on highways, roads, or streets." Chapter 101's definitions section does not define either term, and this guide does not say whether any particular road condition is one or the other.
What written notice does the City of Houston require for an injury claim?
City Charter article IX, section 11 says the City is not liable for personal injuries or property damage unless the injured person or someone on that person's behalf gives the mayor and city council written, verified notice within 90 days after the injury. The charter lists what the notice must state, including when, where and how the injury occurred, the amount of damage sustained, the claimant's residence and the witnesses' names and addresses. The City's page says to sign the letter before a notary and mail it to the City Secretary's Office with a copy to the City Attorney's Office, Claims/Subrogation Section.
What notice applies to Harris County and to TxDOT?
Harris County Risk Management's published procedure says written notice of a claim against Harris County or the Harris County Flood Control District must be mailed or delivered to Harris County Commissioners Court, attention Clerk of Commissioners Court, within 180 days of the occurrence. For the state, Civil Practice and Remedies Code §101.101(a) entitles a governmental unit to notice not later than six months after the incident, and TxDOT says its claims must be in writing, that it has no formal claim form, and that a letter can be submitted online or mailed to its Occupational Safety Division.
Does reporting a pothole to Houston 311 count as a notice of claim?
The pages this guide read describe them as separate things. Houston 311 is the City's service line, available 24 hours a day, with a Pothole Tracker on its site. The City's Filing a Claim page describes a separate written, notarized notice sent to the City Secretary's Office. This guide does not say whether a 311 service request satisfies any notice requirement for any claim.
Is there a limit on what a government can owe under the Tort Claims Act?
Yes. Section 101.023 sets maximum amounts that differ for state government, units of local government and municipalities, and §101.024 says the Act does not authorize exemplary damages. The amounts are in our Tort Claims Act reference entry. Section 101.106 also says that filing suit against a governmental unit bars suit against its individual employees on the same subject matter.
Can InjuryClaimGuide tell me whether my pothole injury claim is covered or timely?
No. InjuryClaimGuide is a legal advertising service. We do not apply the law to anyone's situation and do not evaluate any claim. An attorney can advise you about your specific situation.

Related tools

Sources

Ready to talk about your situation?

A free intake is about two minutes. No obligation. You decide if you want to be connected with anyone.

Start free intake

More guides

Start Free IntakeAbout 2 minutes. Free to you.

Start