How To Prove A Texas Negligence – General Claim

 

 

In Texas, a claim of Negligence – General is defined as:

Failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm.

It simply means:

When a party fails to do something that any reasonable person would think to do in that situation.

There are 3 elements of the claim:

• Element 1. One party owed a legal duty to the other. In a negligence claim, one party has a legal responsibility to act carefully and avoid causing harm to another party, meaning they must follow certain standards of behavior to protect others from injury or damage.
  

  Facts that might support this element look like:

  * The defendant was responsible for maintaining the safety of the premises where the incident occurred.
  * The defendant had a contractual obligation to ensure the equipment was in safe working condition.
  * The defendant was a licensed professional and owed a duty of care to their clients to perform services competently.
  * The defendant was aware of hazardous conditions and failed to take appropriate action to mitigate the risk.
  * The defendant had a legal obligation to follow safety regulations that protect others from harm.

• Element 2. The party who owed the duty breached that duty. In a negligence claim, this element means that the person who had a responsibility to act carefully failed to do so, resulting in harm or injury to someone else.
  

  Facts that might support this element look like:

  * The defendant failed to maintain the property in a safe condition, resulting in a hazardous environment for visitors.
  * The defendant ignored multiple complaints about the broken railing, which posed a risk of injury to patrons.
  * The defendant did not provide adequate training to employees on safety protocols, leading to an avoidable accident.
  * The defendant was aware of the slippery floor but did not place warning signs or take corrective action.
  * The defendant’s failure to conduct regular safety inspections directly contributed to the incident that caused harm.

• Element 3. The breach was the proximate cause of damage or injury. The breach of duty must directly lead to the harm or injury suffered by the victim, meaning that if the breach hadn’t happened, the damage wouldn’t have occurred.
  

  Facts that might support this element look like:

  * The defendant’s failure to maintain the property led to a slippery surface, causing the plaintiff to fall and sustain injuries.
  * The lack of warning signs about the hazardous conditions directly resulted in the plaintiff’s accident and subsequent medical expenses.
  * The defendant’s negligence in repairing a broken railing allowed the plaintiff to fall, leading to significant physical harm.
  * The plaintiff’s injuries were a direct result of the defendant’s failure to follow safety protocols, which created an unsafe environment.
  * The defendant’s actions created a foreseeable risk that ultimately caused the plaintiff’s injuries, linking the breach to the damages incurred.

^{(See Gann v. Anheuser-Busch, Inc., 394 S. W. 3d 83 (Tex. Court of Appeals 2012).)}
If you’re representing yourself in court and plan to assert a claim of Negligence – General, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.

Prove Your TX Negligence – General Claim

U.S. Civil Cases Only