What Is Liability? Texas Personal Injury Cases

Liability in personal injury lawsuits is the state of being held legally responsible for the accident or injury that caused damages to the plaintiff. A defendant is considered liable or “at fault” once the plaintiff meets their burden of proof by showing a preponderance of the evidence that the tortfeasor's actions equated to negligence, strict liability, or an intentional wrong.

Understanding Liability In Texas Personal Injury Cases

A liable person is someone whose actions or inactions fell below the required standard of care, and those actions caused another person harm. In Texas, liability laws are codified within the Texas Civil Practice and Remedies Code which establishes a guideline for most civil cases. At the cornerstone of liability is negligence, which is the reason why accidents happen in the first place. Negligence occurs when an individual or entity acts carelessly and irresponsibly which results in someone getting hurt or killed.

To win a liability case, a plaintiff must prove that the defendant caused the damages for which they are seeking compensation. Texas follows a modified comparative negligence system, which allows plaintiffs to be awarded compensation even if they had a part in causing their own injuries, as long as they are not more than 51% liable. However, their total compensation will be decreased by their percentage of liability.

Understanding The Reasonable Personal Standard

The "reasonable personal standard" is legal analysis used in civil lawsuits to determine if the defendant's actions were negligence, therefore subjecting them to liability. The subjective standard changes depending of the circumstance. As an example, a reasonable person operating a motor vehicle is much difference that a person with a license, such as a crane operator handling tasks on a fixed platform in the Gulf of Mexico. The standard of care is can be established common law, statute, or industry specific bodies of law, such as the Federal Motor Carrier Safety Administration, or The Texas Health and Human Services' Minimum Standards for Child-Care Centers.

Whether a person or company failed to meet their required standard of care is a question of fact and determine by a Texas jury. However, due the experience and understanding of both plaintiff and defense attorneys, many lawyers can analyze a set of facts and within seconds determine what the prevailing duty of care was in the incident and whether the potential defendant would be found liable in court. This is why about 95% of cases settle at the pre-litigation stage, long before cases of tried in courthouse.

The Texas Civil Practice and Remedies Code

The Texas Civil Practice and Remedies Code is a legal document that consists of guidelines, requirements, and remedies for civil litigation cases. Since there are many different types of civil cases, the CPRC provides instructions on how each one of them must be conducted and settled. This procedural code explains the specific rules of liability, the actions that define it, and the steps to take to be awarded compensation. The CPRC is crucial for those who are handling a liability case because it is essentially an instruction manual, providing step-by-step guidance on the liability process.

Negligence and Comparative Negligence in Texas

Negligence refers to the intentional or unintentional reckless actions of someone that cause damage to another person. In Texas, the comparative negligence law is established to ensure that compensation is distributed fairly according to the percentage of fault of each party. The percentage of fault is also known as the 51% bar rule. If a person is found 51% or more to blame for their injuries, they are banned from receiving any compensation. Any percentage of fault less than that number is subtracted from the total amount of damages the plaintiff received and that sum is used as their final amount of compensation.

Proving Liability in a Personal Injury Lawsuit in Texas

Texas requires plaintiffs who accuse someone of being liable for their injuries to prove and demonstrate how the defendant was negligent by establishing 5 key elements which include:

Duty of Care

A plaintiff must prove that the defendant was bound by the law to act carefully and dutifully toward them and failed to carry those obligations out. The duty of care element is typically established as a legal responsibility arising from the relationship between the defendant and the plaintiff. For example, an employer has a legal duty to ensure that the machines that their employees use are functioning properly and up to date.

Breach of Duty

When a person who has a duty of care disregards or violates that duty, it is known as a breach.

For example, an employer breaches their duty if an employee gets hurt by a defective machine while working because the employer did not carry out their responsibilities to prevent it from happening. To prove that a defendant breached their duty, a plaintiff must show how the defendant’s actions did not meet or uphold the required standard.

Actual Causation

Plaintiffs must be able to demonstrate a direct connection between their injuries and the defendant's neglectful actions. To establish actual causation, a plaintiff must show that their injuries would not have occurred if not for the defendant's actions. For example, the plaintiff who got injured from a malfunctioning machine only received damages because their employer did not maintain inspections on the equipment.

Proximate Cause

Proximate cause is used to ascertain whether the plaintiff’s damages were an obvious and probable outcome resulting from the defendant’s actions. If a sensible person could foresee that acting a certain way might lead to a similar or identical injury as the one the plaintiff suffered, the defendant may be held liable for their neglectfulness.

Damages

Lastly, the plaintiff must show that they suffered significant damages from the defendant’s actions that made an impact on their life either financially, mentally, physically, or all three. These monetary or non-economic damages must be proven with evidence such as wage statements that show lost income, medical bills that show injury expenses, or doctor notes that describe the extent of the plaintiff’s physical and mental state after the incident.

Proving liability is not always an easy feat, especially if you are still recovering from your injuries. To receive legal assistance, contact Sneed and Mitchell at (866) 434-0014 or fill out our online form.

Proportionate Responsibility and Damages in Texas

In Texas, proportionate responsibility allocates liability based on the percentage of fault of each individual involved in a claim. This is also known as “contributory fault,” because a portion of a party’s compensation is taken out for the amount they contributed to an accident. For example, if a party is found 25% to blame for an accident, their compensation will be reduced by 25%. If a party is more than 50% responsible, they will not be allowed to collect any compensation as their degree of fault exceeds half. This ensures that people are not awarded for actions that had a part in causing damages. Proportionate responsibility is an important concept to understand because it can help parties be more aware of their liabilities and prepare accordingly.

Who Might Be Liable in a Personal Injury Case?

Although there is not a difference between lability and fault, the person that caused the accident is not always the same party that will be legally responsible for compensating you for your damages.

The Negligent Party

Oftentimes, the actual person whose acts fell below the standard of care will also be the person held liable. This happens everyday in automobile accidents. The insurance company of the person that caused the accident will be required to accept the claim and make a payout based upon the victims economic and non-economic damages stemming from the crash.

The Employer of the Responsible Party

Employers are responsible for hiring qualified and competent employees and may be held liable for the actions of individuals they hire negligently. For example, say an employer fails to do a thorough background check on someone who has criminal charges and multiple misdemeanors and hires them for a daycare. The employer was aware that it was their duty to check the person’s history before hiring them but disregarded that responsibility. If a child falls sick, gets injured, or dies under the watch of that employee, the employer is the one who is liable for the damages that come to the child. The idea that the employer is responsible for the conduct of their employees while they are on the job stems from the legal doctrine “respondeat superior,” which is a Latin term for “let the master answer.” This term implies that the employee was simply acting under the instructions or will of their employer and should not be held accountable for the repercussions of those actions.

The Negligent Individual’s Parents

Under Section 41.001 of the Texas Family Code, parents of children between the ages of 10 to 18 may be held liable for their child's actions if the child causes harm to another person while unsupervised and undisciplined. The child’s behavior must be linked to the parent’s failure to fulfill their duty of care towards the child. For example, if a parent was aware of their child’s problematic behavior but failed to take action to address it, and the child subsequently assaulted someone, the parent may be held liable for the resulting injuries. Each negligent incident of a minor has a limit of $25,000.

Negligent Entrustment

If someone willingly gives a hazardous instrument to another person knowing that the person would likely use it irresponsibly and it results in someone else’s harm, they can be held liable for the resulting damages. For example, if someone lends their vehicle to a person who is heavily intoxicated, and they get into a car crash that causes serious injuries to the person who got hit, they may have to pay for that person’s injuries. The law expects reasonable people to exercise discretion when deciding whether or not to give potentially dangerous objects to those who are clearly incapable of using them responsibly. For a negligent entrustment claim to win, the plaintiff must demonstrate that the person who gave the instrument away should have known about the negligent party’s mental state, age, or skill level.

Alcoholic Providers

If an alcoholic provider gives someone who is clearly intoxicated more alcohol and their actions cause someone else damages as a direct result, the provider may be held liable for that person’s injuries. Both licensed and unlicensed alcohol providers are accountable for selling alcohol responsibly and using discretion on who they sell it to under the Texas Dram Shop Act. Damages such as lost wages and medical bills are usually compensated to the victim of the accident. When it comes to the theory of premises liability, attorneys can typically only hold someone accountable if they served someone under 21 years old. The selling or serving of alcohol to a minor is strictly forbidden in Texas and can result in penalties, license suspension, and even jail time.

Defective Products of a Manufacturer

Sometimes, accidents are caused by the object a person uses rather than their actions. For example, if a commercial truck driver gets into an accident due to a malfunction of the truck’s body parts, the cause of the accident can be linked to the manufacturer who designed those defective parts. Manufacturers are held to strict liability laws that aim to ensure they make products that are properly labeled and safe to use. To make a defective product claim against a manufacturer, the person who used the product can not be more than 50% responsible for the accident and the product must be the sole reason the accident occurred.

What Types of Damages Can You Get in an Accident Case?

The types of damages that occur in an accident can be classified into economic and non-economic categories. Economic damages constitute anything that carries a monetary value. Non-economic damages are invisible and subjective, as they exist in the emotions and physical pain of a plaintiff. The types of damages you can get in an accident case include:

• Property Damage

• Medical Expenses

• Future Lost Income

• Lost Wages

• Pain and Suffering

• Loss of Consortium

• Emotional Distress

• Loss of Enjoyment of Life

Plaintiffs who seek compensation for any of these types of damages must be able to prove that the defendant’s negligent actions caused them to happen.

The Role of Insurance in Collecting Damages

Insurance plays an essential role in liability claims as it offers monetary relief for individuals who need damages paid for. It serves as a form of financial protection for organizations, individuals, and businesses, who may be found liable for accidents. Unfortunately, not everyone has the same amount of funds to pay for damages, since insurance companies offer different coverage packages. This means that even if someone is liable for an accident, they may only be able to pay the victim a limited amount of compensation if they have insufficient coverage from their insurance company. Texas accidents can become more complex when liable parties lack the proper funds to pay for the damages they caused, especially if they have no insurance at all. The value of a plaintiff’s case is almost entirely dependent on the amount of insurance coverage the at-fault party has to compensate them.

When accidents occur in Texas, the insurance company of the at-fault party is typically responsible for paying for the damages that the defendant caused the plaintiff. However, if the liable party has minimal to no coverage, the plaintiff might have to file a lawsuit against the individual to receive compensation. Most damages are paid for through settlement agreements made between the plaintiff and the insurance company. A settlement agreement is a legally enforceable contract that specifies the terms and conditions of the settlement and states the fixed amount of compensation a plaintiff will receive. Settlements are often reached through methods such as negotiation, arbitration, or mediation, and can either be paid via lump-sum or structured payments made over time.

Auto insurance is required for all Texan drivers to ensure they are protected and covered in the event of an accident. Most auto insurance pay for the other driver’s vehicle repair, medical bills, and vehicle replacement if they were the ones who got hit. Auto insurance varies with its plans, giving drivers different coverage options such as collision, personal injury protection, and liability.

Commercial trucking insurance policies are typically more extensive than passenger vehicle policies because of the higher risks that the accidents pose. Those who are a part of trucking accidents usually get severely injured, scarred, impaired, or disabled and sometimes even die on impact. Most commercial truck policies have capped limits called combined single limits that cover up to $1,000,000 worth of damages. However, these limits vary depending on the type and weight of commercial truck.

Home insurance protects homeowners by covering property damage or loss of personal belongings caused by a natural disaster or vandalism. Certain policies cover injuries that happen on the property as well. Although home insurance is not required in Texas, it is a good investment to make as it can cover damages to items such as furniture, structures, and clothes. Texas offers 6 different kinds of policies that cover different damages.

Professional liability coverage is a special kind of coverage that businesses and professionals use to protect themselves against claims accusing them of mistakes, negligence, or failure to fulfill service obligations. This coverage is intended to pay for legal expenses that arise from those who file claims against them and shield them from liability.

Scheduled A Free Case Consultation with A Texas Personal Injury Lawyer

If you have been injured because of someone else’s negligence and need representation, call (866) 434-0014 to speak to one of our attorneys. We offer free case evaluations that assess the strengths and weaknesses of your case to determine the best course of action. Our law firm is open 24/7 and also handles cases on a contingency fee basis, meaning we don't charge a fee until your case in successful.

Sneed and Mitchell is a personal injury law firm founded in Houston, Texas that has helped injured victims across Texas receive compensation for their losses. Our lawyers have won over $30 million for our clients so far, and that number continues to grow. We are experts at helping victims gather evidence, collect witness statements, create solid arguments, negotiate with at-fault parties, and secure fair compensation. We are dedicated to establishing personal connections with those we represent, and many of our clients become lifelong friends.

Don't let time pass before contacting an attorney. Even if the Statute of Limitations is not upon you, retaining key evidence is imperative when proving the wrongdoer is liable here in Texas. Give yourself the best chance at a successful case by contacting us today.