WHEN IN TEXAS, DO NOT NEGLECT
Issues in law that evolve negligence is considered Tort Law, this encompass injuries that are caused by one person to another person. Tort typically involves physical harm, although there are other types of harm that can be involved in a tort, like economic loss or emotional loss.
The typical result of a tort is the defendant paying money to the plaintiff to cover the damages. Some common torts include products liability, slip and fall accidents, burn injuries, and simple assault cases.
How is Texas Tort Law Different from other States?
The state of Texas is commonly known as a “tort reform” state. It means that a substantial amount of hard work has been done to revise the laws in Texas. Texas is especially known for putting a limit (cap) on financial damages for medical malpractice claims.
Some unique features of Texas tort law are:
- Texas tort law does not accept statutory damages. Statutory damages are the damages that a plaintiff can claim even if he has not shown that he has suffered a financial loss. In Texas, a person must legally prove that he has suffered economic losses if he wants to receive damages.
- In Texas, the citizens are allowed to file suit against any of the government offices or agencies. Usually, a government entity is protected from such lawsuits under the “sovereign immunity” act, however, in Texas, this act is waived.
- The Texas Advance Directives Act allows a doctor or a health care professional or facility to end the life-supporting treatment to a patient.
- A plaintiff claiming negligence will be eligible to receive damages if and only if his share of the liability is equal to or less than 50%.
Hence, Texas’ tort law has extensive consequences for professionals as well as insurance agencies and is subject to a lot of heated debate.