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What Is Negligence in Texas Personal Injury Law?

Houston Lawyer List Editorial Team

Negligence is the legal basis for most personal injury claims filed by Houston residents. To win a negligence case in Harris County District Court, you must prove four elements: duty, breach, causation, and damages. First, the defendant owed you a duty of care, such as a driver's obligation to follow traffic laws on Houston's highways. Second, they breached that duty by acting carelessly or recklessly. Third, their breach directly caused your injuries. Fourth, you suffered real damages as a result. Texas applies a modified comparative negligence standard under Texas Civil Practice and Remedies Code Chapter 33, known as the 51% bar rule. The jury assigns a fault percentage to each party. If you are 50% or less at fault, your damages are reduced proportionally. If you are 51% or more at fault, you are barred from any recovery. In Houston's busy traffic conditions, fault is often disputed, making strong evidence collection at the scene critical.

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