Negligence in Texas
State-specific overview · Tort Law
Texas applies proportionate responsibility, allowing recovery even if the plaintiff is 99% at fault, as long as one defendant is more responsible.
How Texas treats Negligence
Texas negligence law requires proof of duty, breach, causation, and damages. Unlike many states, Texas uses a pure comparative negligence system where plaintiffs can recover damages proportional to their degree of fault, even if they bear most of the responsibility. The statute of limitations for negligence claims is two years from the date of injury under Texas Code § 16.003.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.