Texas Liability Laws

Texas liability laws

He said, she said. It’s easy to point fingers after an accident, but when the dust settles and injuries need addressing, who’s really at fault?

That’s where Texas liability laws step in, cutting through the confusion to establish accountability and help victims find justice.

But it’s not always as simple as pointing to the person who caused the accident. Fault can be shared, insurance companies may push back, and evidence plays an important role in deciding outcomes.

Let’s break down how Texas liability laws protect victims and establish accountability.

What Are Liability Laws in Texas?

Texas liability laws exist to hold individuals, businesses, and organizations accountable when their actions—or lack of action—result in harm to others.

These laws allow victims to recover compensation for medical expenses, lost income, property damage, and emotional pain. They apply to many types of cases, whether the harm was caused by negligence, intentional acts, or strict liability.

Common cases governed by liability laws include:

  • Car accidents where negligent driving leads to injuries.
  • Premises liability cases where property owners fail to maintain safe conditions.
  • Product liability cases involving dangerous or defective products.
  • Medical liability when healthcare providers cause harm through negligence.

Types of Liability Laws in Texas

Let’s take a deeper look at the types of liability laws in Texas that cover a wide range of situations where harm can occur:

Premises Liability

Premises liability holds property owners responsible for keeping their premises safe for visitors. When owners fail to address hazards like wet floors, faulty equipment, or inadequate security, and someone gets injured, they can be held liable. This applies to both private and public properties, including homes, businesses, and public spaces.

Common Premises Liability Cases in Texas

  • Slip-and-fall accidents caused by wet surfaces, uneven flooring, or debris.
  • Dog bites that result from improperly restrained or dangerous animals.
  • Swimming pool accidents due to poor maintenance or lack of safety barriers.
  • Amusement park injuries caused by faulty rides or negligent operation.
  • Elevator and escalator accidents resulting from mechanical failure.
  • Falling objects from construction sites or store shelves that cause serious injuries.
  • Fires and inadequate fire safety measures leading to burns or property damage.
  • Inadequate security creating opportunities for assaults or other crimes.
  • Toxic exposure from harmful chemicals, mold, or hazardous materials.
  • Construction site injuries involving unsafe or poorly maintained conditions.

Premises liability cases often depend on proving that the property owner knew—or should have known—about the danger and failed to take action.

Product Liability

Product liability occurs when defective or dangerous products cause injuries. Texas law holds manufacturers, distributors, and sellers responsible for ensuring their products are safe. These claims are categorized into three main types:

  • Design defects involve flaws in the product’s design, making it dangerous even when manufactured correctly.
  • Manufacturing defects occur during production and result in unsafe products, such as faulty wiring or broken components.
  • Failure to warn applies when manufacturers do not provide adequate warnings or instructions for safe use.

Vicarious Liability

Vicarious liability holds employers or organizations responsible for the actions of their employees when those actions occur within the scope of their job.

Common scenarios include:

  • A delivery driver causes a car accident while making deliveries. The employer can be liable for the damages.
  • A hospital may be held accountable for a nurse’s or doctor’s negligence during patient treatment.
  • In construction, a subcontractor’s mistake could result in liability for the primary contractor.

By showing that the negligent action was work-related, victims can hold the employer or organization accountable along with the individual at fault.

Medical Liability

Medical liability, or medical malpractice, occurs when healthcare providers harm patients due to negligence during diagnosis, treatment, or follow-up care. These cases are often complex and require expert testimony to prove that the provider’s actions fell below the accepted standard of care.

Common examples include:

  • Misdiagnoses or delayed diagnoses of serious conditions like cancer.
  • Surgical errors, such as operating on the wrong body part or leaving surgical instruments inside the patient.
  • Prescription mistakes involving the wrong medication or dosage.
  • Birth injuries caused by improper care during labor and delivery.

Victims of medical malpractice can seek compensation for medical expenses, lost income, future treatments, and emotional suffering.

Strict Liability

Strict liability cases do not require proof of negligence. Instead, responsibility is assigned simply because the activity or product involved is inherently dangerous. This law applies in situations where the harm was foreseeable, even if the responsible party did not intend to cause it.

Common examples include:

  • Dog bites, where the owner is responsible even if the dog had no prior history of aggression.
  • Handling hazardous materials, such as toxic chemicals or explosives, where accidents can result in automatic liability.

Strict liability is beneficial to victims because it simplifies the process of proving fault, making it easier to secure compensation.

Common Types of Injuries and Losses in Liability Cases

Laywer discussing a compensation in a liability case

Liability cases can result in serious injuries, long-term trauma, and financial burdens. Common injuries and losses include:

  • Traumatic brain injuries affecting memory, coordination, or cognitive abilities.
  • Spinal cord injuries leading to paralysis or chronic pain.
  • Broken or fractured bones that require surgery or rehabilitation.
  • Internal bleeding and organ damage from severe trauma or impacts.
  • Burns, scarring, and disfigurement from fires, chemicals, or defective products.
  • Emotional trauma and mental health issues such as anxiety or PTSD.
  • Wrongful death causing loss of a loved one, funeral costs, and emotional suffering.

Is Texas a Liability State?

Yes, Texas is a liability state that operates under a fault-based system, also known as a tort liability system. This means that after an accident, the party responsible for causing the harm is legally and financially liable for the resulting damages. In most cases, the at-fault driver’s insurance pays for medical expenses, property damage, lost wages, and other losses incurred by the injured party.

Texas also follows a modified comparative fault rule, which allows injured parties to recover compensation as long as they are 50% or less at fault for the accident. If the victim shares some fault, their compensation is reduced by their percentage of responsibility.

For example:

  • If a victim is awarded $100,000 but found 20% at fault, their compensation will be reduced to $80,000.
  • If a party is more than 50% at fault, they cannot recover any compensation.

What Is Liability Coverage in Texas?

Liability insurance is essential in protecting individuals and businesses from financial burdens when they are found liable for accidents or injuries. Common coverage types include:

  • Auto liability insurance – Covers injuries and property damage caused by car accidents.
  • Homeowners’ liability insurance – Covers accidents on residential property, such as slip-and-fall incidents.
  • Business general liability insurance – Protects businesses from claims involving injuries, property damage, or defective products.

Texas law requires minimum insurance coverage for drivers (also called the 30/60/25 coverage):

  • $30,000 per injured person
  • $60,000 per accident
  • $25,000 for property damage

What Are the Crucial Elements in a Liability Claim in Texas?

To succeed in a liability claim, four key elements must be proven:

  • Duty of care – The responsible party had a duty to act reasonably and prevent harm.
  • Breach of duty – The responsible party failed to meet that duty.
  • Causation – The breach directly caused the injury. If a car crash happens due to the driver’s negligence, this element is met.
  • Damages – The victim suffered losses, such as medical expenses, lost wages, or pain and suffering.

How Does Comparative Fault Affect Liability Cases in Texas?

Under Texas’ modified comparative fault system, victims can recover damages as long as they are 50% or less at fault. This is also known as the 51% rule. However, their compensation will be reduced by their percentage of fault.

Example: If someone is found 30% responsible for a slip-and-fall injury and awarded $50,000, they will receive $35,000 after the deduction.

If they are more than 50% at fault, they cannot recover compensation.

The Role of Evidence in Liability Cases

Strong evidence is important in proving fault and securing fair compensation. Key types of evidence include:

  • Photographs and video footage of the accident scene and damages.
  • Witness statements that support your version of events.
  • Medical records that show the severity of injuries and related costs.
  • Expert testimony from professionals who can explain technical aspects of the case.

Who Determines Fault in Liability Cases?

Fault in liability cases is typically determined by:

  • Insurance adjusters during the claims process.
  • Attorneys representing both sides who negotiate fault allocation.
  • Judges or juries if the case goes to trial.

The process often starts with negotiation between insurance companies and lawyers. If no agreement is reached, the case moves to court, where a judge or jury assigns fault percentages based on evidence.

When Should You Contact a Lawyer for a Liability Case?

You should contact a lawyer as soon as possible if:

  • Fault is disputed, and multiple parties share responsibility.
  • You have severe injuries that require extensive medical care.
  • Insurance companies are delaying or offering low settlements.

A lawyer can protect your rights, gather evidence, and negotiate a fair settlement on your behalf.

What Is the Statute of Limitations for Liability Claims in Texas?

In Texas, you generally have two years from the date of the accident or injury to file a liability claim. Missing this deadline could result in losing your right to compensation.

Exceptions may apply in certain cases, such as injuries involving minors or delayed discovery of harm. Acting quickly ensures you meet deadlines and preserve evidence.

How Can Thompson Law Help with Liability Claims?

Thompson Law offers comprehensive legal services to help you secure compensation, including:

  • Investigation – Gathering evidence to establish fault.
  • Negotiation – Dealing with insurance companies to maximize compensation.
  • Representation in court – Fighting for your rights if a settlement cannot be reached.

With a proven track record of recovering over $1.9 billion for clients, Thompson Law operates on a contingency fee basis, meaning you don’t pay unless you win.

Contact Thompson Law Today

After an accident, time is critical. Evidence can be lost, and deadlines can pass quickly. Contact Thompson Law for a free consultation to discuss your case and legal options. Our experienced attorneys will fight to secure the compensation you deserve and guide you through every step of the process. Don’t wait—get in touch today and protect your right to justice.

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Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.