What Is Negligence in Texas?

We explain everything you need to know about negligence, including its role in Texas injury lawsuits. If you were injured due to negligence, contact a knowledgeable personal injury lawyer in Houston. They can assist you in discussing the circumstances surrounding your injuries. A skilled lawyer can help you understand your legal options and seek compensation for your damages.

Contacting a lawyer is crucial when addressing injuries related to negligence. Contact Baumgartner Law Firm online to schedule a free consultation today.

Ready to secure the compensation you deserve? Baumgartner Law Firm in Houston is trusted with over 35 years of experience and many multi-million dollar wins. Call our law office at (281) 587-1111 to get started. 

Negligence is a specific legal concept, and establishing it can be complex, especially without expert legal assistance. Your personal injury lawyer in cypress must establish four crucial elements to demonstrate the defendant’s negligence. 

1. Duty of Care

First, the plaintiff must show that the defendant owed them a “duty of care.” In simpler terms, the defendant should have been mindful of the plaintiff’s circumstances. 

In the case of an auto accident, all drivers assume responsibility for others’ safety when they receive their licenses. When driving, follow the rules and drive safely to protect others on the road. This relationship may be more specific in other situations. 

For example, a landlord must provide tenants with a safe and hygienic space that complies with fire safety laws. A truck driver must follow the safety regulations to prevent a trucking accident. A property owner must clean up spills and address walking hazards promptly. The specific nature of this duty of care varies depending on the circumstances of each personal injury lawsuit. 

2. Breach of Duty

Once the plaintiff establishes a duty of care, they must show that the defendant breached the duty. In other words, the defendant failed to act reasonably and responsibly. Courts must determine whether the defendant should have exercised greater care and responsibility, considering how a reasonable person would act under similar circumstances. Some breaches of duty are clear, like drinking and driving. However, other breaches, such as merging onto a highway incorrectly, may be less obvious. Breaches may also occur through inaction, such as failing to fix a broken set of stairs. 

It is important to consider the concept of “awareness” when assessing a potential breach of duty. If someone was unaware of a particular hazard, the court may not reasonably expect them to address it. For example, a customer might spill milk on the floor of a grocery store. Thirty seconds later, another customer might walk by and slip. The store owner may argue that they didn’t have enough time to notice and clean the spill. The court can decide that a person should have known about a danger, even if the defendant says they didn’t know. 

3. Causation

Causation is another important element of negligence in Texas. It represents the link between the breach of duty and the plaintiff’s injuries. In some cases, a defendant may have exhibited negligence, but their behavior may not have directly caused an injury. 

A grocery store owner saw spilled milk in the frozen foods section. They didn’t clean it up for hours. They knew it was dangerous. This is an obvious form of negligence, but what if a shopper slips and falls in a completely different aisle where no hazard exists? In this case, there would be no causational link between the negligent behavior and the injury. 

4. Damages

Finally, plaintiffs must prove that they have suffered legitimate damages as a result of the negligence. These damages can be economic or non-economic. Proving damages can be straightforward in certain situations. This can be done by presenting medical records, hospital bills, and X-rays.

These documents serve as evidence of actual injuries sustained. In other cases, the plaintiff may call a doctor to testify about the injuries and how the accident caused them. They may also provide income statements and tax returns to establish the cost of their missed wages. 

Read More: How To Prove Wrongful Death in Texas?