What Does Liability Mean in an Injury Claim?
Liability is legal responsibility for the harm someone causes. If a defendant is liable, they, or their insurer, must pay your damages.
To establish liability for negligence, you prove duty, breach of duty, causation, and damages. You carry the burden of proof.
Types of Liability
- Negligence: a person or business fails to use reasonable care, such as a distracted driver.
- Vicarious liability: an employer answers for an employee’s negligence on the job.
- Premises liability: a property owner fails to fix or warn about a dangerous condition.
- Product liability: a manufacturer or seller puts a defective product on the market.
- Negligent hiring or entrustment: someone hires an unsafe worker or lends a vehicle to an unfit driver.
How Texas Divides Liability
Texas uses proportionate responsibility under Chapter 33. The jury assigns a percentage to each party, including you, and sometimes to a “responsible third party” the defendant names.
- Each defendant usually pays its own percentage of the damages.
- A defendant found more than 50% responsible is jointly and severally liable, so it can be made to pay the full amount.
- If you are more than 50% at fault, you recover nothing. See contributory fault.
Examples of Liability
- A delivery driver runs a red light while on the job. The driver and the employer may both be liable.
- A grocery store ignores a leaking freezer for hours. The store may face premises liability for a fall.
- A tire with a manufacturing defect blows out. The maker may be liable even if the driver did nothing wrong.
How Liability Affects Your Claim
Identifying every liable party matters, because each may carry separate insurance. Avoid admitting fault at the scene or in recorded calls with an adjuster, and preserve evidence early. Most Texas injury lawsuits must be filed within two years.
If liability in your case is unclear or disputed, a free case review can help you understand your options.
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Frequently Asked Questions
Who decides liability in a Texas injury case?
Most claims settle, so liability is often negotiated between your lawyer and the insurance company. If the case goes to trial, the jury decides who was negligent and assigns each party a percentage of responsibility. The police report and citations are evidence, but they do not decide civil liability on their own.
Can more than one party be liable for my injuries?
Yes. A truck crash can involve the driver, the trucking company, a maintenance shop, and a parts maker. Texas assigns each a percentage. A defendant over 50% responsible can be made to pay all of your damages, while others generally pay only their own share.
What is vicarious liability?
Vicarious liability makes one party responsible for another's negligence because of their relationship. The most common example is an employer whose employee causes a crash while working. This matters because a company often has more insurance coverage than an individual driver.