WHAT IS NEGLIGENCE?

According to the Legal Information Institute, negligence is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is a duty to act — for example, a duty to help victims of one's previous conduct.

Most personal injury claims are brought based on negligence. If a person was negligent and caused injury to another, that person is often referred to as a "tortfeasor."

THE THREE ELEMENTS OF NEGLIGENCE IN TEXAS

In Texas, to succeed on a negligence claim against a tortfeasor, a person must prove three elements:

1. A legal duty owed by one person to another
2. A breach of that duty
3. Damages proximately caused by the breach

D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex. 2002).

In determining whether a legal duty exists, the court considers the risk, foreseeability, and likelihood of injury, and weighs these factors against the social utility and the consequences of placing that burden on the tortfeasor. Bird v. W.C.W., 868 S.W.2d 767, 769 (Tex. 1994).

WHY NEGLIGENCE MATTERS FOR YOUR CASE

Negligence is the most common basis for suing someone in personal injury cases. If you suspect your injuries occurred through the negligence of another person, there is a strong possibility we can assert a negligence claim on your behalf and put money in your pocket.

Contact The Law Office of Jas Jordan today for your free consultation. We will evaluate whether negligence applies to your situation and explain exactly what your case may be worth.