The Basics of Tort Laws in Texas
Tort law is any law regarding an act causing injury or harm to another and amounts to civil wrong which the courts can impose liability. Here is what you need to know about the basics of tort laws in Texas.
Tort law intends to compensate the victim and deter the defendant from repeating the behavior. Defendants in tort cases will not face incarceration but often have to pay for damages. A tort case is the same as a civil lawsuit, including intentional torts, negligence, and strict liability. Hence, Texas Tort laws would cover anything involving injury or harm to another with imposed liability. Common tort cases include product liability, slip, and fall accidents, and simple assault cases. There is some overlap between tort laws and criminal laws. Texas tort law is similar to most states, but a few exceptions exist.
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Tort Laws in Texas
While most of the tort laws in Texas are similar to other states, the following are different:
- No statutory damages,
- Comparative negligence,
- Texas Tort Claims Act, and
- The Texas Advance Directives Act.
Statutory Damages
Texas is making a considerable effort to revise tort laws. Texas is known for limiting a plaintiff’s monetary damages in medical malpractice cases. Texas tort law does not allow statutory damages (damages awarded to a plaintiff who has not shown any economic loss suffered). Hence, plaintiffs in Texas must prove a measurable economic loss before being awarded damages.
Comparative Negligence
In Texas, a plaintiff in a negligence claim can recover damages only in cases where their percentage of liability is 50% or less. This comparative negligence is also known as proportionate responsibility in Texas. Hence, if the court finds the plaintiff partially at fault for the injury, then the court can reduce the damages. The court will decrease the plaintiff’s award in proportion to the negligence. In Texas tort law, the plaintiff’s negligence can not exceed the defendant’s.
Texas Tort Claims Act
The Texas Tort Claims Act permits a person to file a private tort lawsuit against a government entity. The court will waive sovereign immunity (allowing a state entity protection under these types of lawsuits). This Act went against the law granting immunity to government officials or units.
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Texas Advance Directives Act
The Texas Advance Directives Act (TADA), also known as the Texas Futile Care Law, allows healthcare professionals or facilities to terminate a critically ill patient’s life-sustaining treatment. The Act makes the physician not liable for discontinuing treatment.
Joint and Several-Liability
Within Texas tort law, each liable defendant is jointly and severally liable for damages if the defendant’s percentage of responsibility exceeds 50% or the defendant acted with intent (ex: murder).
Responsible Third Parties
In Texas, defendants can designate parties if the plaintiff does not sue as a third party. The third-party is any person who allegedly has caused or contributed to causing the harm.
FAQs About Texas Tort Laws: The Basics
Who tends to benefit from Tort reforms in Texas?
Most commonly, Texas tort reforms limit the damages a plaintiff can recover, thus benefiting the defendant. The Texas Advance Directives Act and the cap on medical malpractice damages exemplify the defendant’s benefits.
What are the different types of torts in Texas?
There are three main tort cases: intentional torts, negligence, and strict liability. Intentional torts include acts such as assault, battery, and conversion. Negligence is an individual’s failure to act as a reasonable person would in the same situation. Strict liability includes acts such as using explosives and making defective products.
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