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.
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:
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 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.
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 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:
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:
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, 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:
Victims of medical malpractice can seek compensation for medical expenses, lost income, future treatments, and emotional suffering.
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:
Strict liability is beneficial to victims because it simplifies the process of proving fault, making it easier to secure compensation.
Liability cases can result in serious injuries, long-term trauma, and financial burdens. Common injuries and losses include:
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:
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:
Texas law requires minimum insurance coverage for drivers (also called the 30/60/25 coverage):
To succeed in a liability claim, four key elements must be proven:
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.
Strong evidence is important in proving fault and securing fair compensation. Key types of evidence include:
Fault in liability cases is typically determined by:
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.
You should contact a lawyer as soon as possible if:
A lawyer can protect your rights, gather evidence, and negotiate a fair settlement on your behalf.
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.
Thompson Law offers comprehensive legal services to help you secure compensation, including:
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.
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.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
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.