What Is Negligence Under Texas Law?
Negligence means failing to act as a reasonably prudent person would under the same or similar circumstances. It can be doing something careless, or failing to do something a careful person would do.
Most injury claims rest on negligence, including:
- Car, truck, and motorcycle crashes caused by careless drivers
- Slip-and-fall injuries from hazards a property owner should have fixed
- Medical errors that fall below the accepted standard of care
- Unsafe conditions at a job site or business
The Four Elements of a Negligence Claim
You must prove all four elements by a preponderance of the evidence.
- Duty. The defendant owed you a legal duty of care. Drivers owe it to everyone on the road. Store owners owe it to customers.
- Breach. The defendant failed to meet that duty, for example by speeding or ignoring a spill.
- Causation. The breach was a proximate cause of your injury. The harm must be a foreseeable result of the conduct.
- Damages. You suffered real losses, such as medical costs, lost wages, or pain and mental anguish.
Types of Negligence You May Hear About
- Negligence per se: a safety-law violation, such as a traffic statute, used to prove breach.
- Gross negligence: conscious indifference to an extreme risk. It can support punitive damages.
- Vicarious liability: an employer can be held responsible for an employee’s negligence on the job. See liability.
- Res ipsa loquitur: in rare cases, the accident itself suggests negligence.
How Your Own Fault Affects a Negligence Claim
Texas uses modified comparative fault under Chapter 33 of the Civil Practice and Remedies Code. The jury assigns each party a percentage of responsibility.
- If you are 50% or less at fault, your damages are reduced by your percentage.
- If you are more than 50% at fault, you recover nothing.
Insurers often push to raise your share. Read more about contributory fault.
Deadlines and Next Steps
Most Texas negligence lawsuits must be filed within two years of the injury. Claims against a government body can require written notice much sooner, often within six months. Save photos, medical records, and witness names early.
If you are unsure whether someone’s negligence caused your injury, a free case review can help you sort out your options.
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Frequently Asked Questions
What are the four elements of negligence in Texas?
Duty, breach, causation, and damages. The defendant had a legal duty to act with reasonable care, failed to meet it, and that failure was a proximate cause of your injury. You must also show actual losses, such as medical bills, lost income, or pain. If any one element is missing, the claim fails.
What is the difference between negligence and gross negligence?
Ordinary negligence is carelessness, such as glancing at a phone and rear-ending someone. Gross negligence is more serious. The defendant knew about an extreme risk and went ahead anyway with conscious indifference to others' safety. Gross negligence can support exemplary (punitive) damages under Chapter 41 of the Civil Practice and Remedies Code.
What is negligence per se?
Negligence per se means a person broke a law designed to protect people like you, and the violation caused the kind of harm the law was meant to prevent. Running a red light or following too closely are common examples. The violation can establish the duty and the breach, but you still must prove causation and damages.
Do I need a negligence attorney?
Not always, but proving negligence often takes evidence that is hard to gather on your own, such as crash reports, video, records, and expert testimony. Insurers also argue comparative fault to lower payments. A Texas negligence lawyer can tell you whether your claim meets each element and protect the filing deadline.