What is the Texas Negligence Law?
A perfume salesgirl offers you to try the perfume. Before you can say anything, she sprays it on your palm. A couple of hours later you develop a rash, which starts to burn and within a day your starts to burn through your skin. You realize it is the perfume that has caused you so much pain. As a plaintiff, you can you file a lawsuit? Can you sue the store for letting their employee spray the perfume without consent? Can you sue the perfume company for the harmful product? Do you have a strong case to win the Negligence Laws by the state?
Understanding the Negligence Law Definition
Do you have a strong case? Can you claim compensation for the loss you have endured? To determine whether you have a strong case, you must first understand the negligence laws. According to the negligence law definition, a person who omits to do what a person should do, or commits an act that shouldn’t be done, is guilty of negligence. But to claim negligence, the victim, also called the plaintiff must prove the four elements of the negligence laws which are
- Duty of care or the reasonable care that is expected by the defendant
- Breach of duty includes committing an act that shouldn’t be done and omitting to do what a person should do.
- Proximate cause is the damage suffered by the plaintiff caused due to the negligence of the defendant which otherwise wouldn’t have happened.
- Damage is the genuine damage or injury suffered by the plaintiff.
The Negligence Law definition is accepted in all states in the U.S., and so are the elements of negligence. But, the negligence laws by state differ from one state to another.
Negligence Law Texas
The Negligence Law definition helps understand the laws the govern a state. Texas Negligence Law recognizes the comparative negligence doctrine. As per comparative Negligence Law Texas, the plaintiff is entitled to claim for compensation even if he or she is partly to blame for the accident that caused the damage. Comparative negligence doctrine is believed to be just and fair to all parties involved.
Texas Negligence Law not only recognizes the comparative negligence doctrine, but it follows the modified comparative negligence laws. According to the modified comparative Negligence Law Texas, if it is found that you are partially at fault for the injury, your damages award is reduced. Texas negligence law refers to this standard as ‘proportionate responsibility.' So if you are a plaintiff you are 30% to blame for an accident, your compensation is reduced by 30%.
Texas Negligence Law also follows the 51-percent bar rule. According to Negligence Law in Texas, if the plaintiff’s fault is 51% or more, he or she is barred from claiming damages. The punishment for negligence in Texas is as per the severity of the offense and nothing short of a fine or jail term.
Punishment for Negligence in Texas
The punishment for negligence in Texas for breaking the Negligence Laws by state depends on how severe the offense is, whether the negligence was severely injured someone or caused death. If the negligence has caused death to someone, it is considered a criminal offense. It is a serious offense but the punishment for negligence in Texas that has caused death is less severe than murder or manslaughter due to the issue of intent. In the state of Texas, criminally negligent homicide can carry serious penalties.
A person convicted of this offense will face
- Six months to two years in jail.
- A fine not exceeding $10,000.
- Both jail and fine.
- Probation and community service.
- Revocation of license in case of a motor vehicle accident.
- Ineligibility for parole.
In the State of Texas, a person who commits criminally negligent homicide may have difficulty finding a job if the negligent death was caused on the job.