Contributory Negligence in Texas
State-specific overview · Tort Law
Texas applies modified comparative negligence; plaintiffs cannot recover if they are more than 50% at fault.
How Texas treats Contributory Negligence
Under Texas law, a plaintiff may recover damages only if their negligence is not greater than the negligence of the defendant or defendants combined. If the plaintiff is found 50% or less at fault, they can recover their proportionate share of damages. Texas courts have consistently applied this rule across personal injury cases, and it represents a significant limitation on plaintiff recovery compared to pure comparative negligence jurisdictions.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.