Negligence is one of the most important legal concepts in Texas personal injury law. It determines who is legally responsible when someone’s carelessness causes harm to another person. Understanding what qualifies as negligence—and how it is proven—is essential if you have been injured in an accident.

What Is Negligence Under Texas Law?

In Texas, negligence occurs when a person or entity fails to use reasonable care, resulting in injury or damage to another. The law defines “reasonable care” as the level of caution and attention an ordinarily prudent person would exercise under similar circumstances.

To prove negligence in Texas, four key elements must be established:



1. Duty of Care – The defendant owed a legal duty to the plaintiff. For example, drivers have a duty to operate their vehicles safely.
2. Breach of Duty – The defendant failed to uphold that duty through action or inaction.
3. Causation – The defendant’s breach directly caused the injury or damage.
4. Damages – The plaintiff suffered measurable harm, such as medical bills, lost wages, or pain and suffering.

Comparative Fault in Texas

Texas follows a “modified comparative fault” system. This means that even if you are partly responsible for your injuries, you may still recover damages—so long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of fault.

Why Understanding Negligence Matters

Negligence laws protect victims from bearing the financial burden of someone else’s carelessness. Whether the case involves a car accident, slip and fall, or workplace injury, proving negligence is the foundation for recovering compensation.

Legal Support for Negligence Claims

At Manfred Sternberg & Associates, we can provide legal assistance to the Houston public. Our team helps clients navigate the complex process of proving negligence and pursuing fair compensation for their losses.