San Antonio Medical Malpractice & Personal Injury Lawyers

Who is Liable in a Texas Personal Injury Accident?

Understanding Liability in a Texas Personal Injury Accident

When you're involved in a personal injury accident in Texas, one of the most important things to determine is who is liable for the damages. Liability refers to the legal responsibility for the accident and the resulting injuries and losses. Understanding liability can help you determine who to hold accountable and seek compensation from.

Determining Fault in a Texas Personal Injury Accident

In Texas, fault is determined based on the concept of proportionate responsibility. This means that each party involved in the accident is assigned a percentage of fault based on their contribution to the accident.

Some key aspects considered in determining fault and applying the principles of negligence include:

  1. Duty of care: The first step is to establish that the defendant owed a duty of care to the injured party. For example, drivers have a duty to operate their vehicles safely, property owners have a duty to maintain a safe environment, and medical professionals have a duty to provide a standard level of care.

  2. Breach of duty: It must be shown that the defendant breached their duty of care. This can be demonstrated by proving that the defendant acted negligently or failed to exercise reasonable care under the circumstances. Negligence can include actions such as reckless driving, failure to maintain premises, or medical malpractice.

  3. Causation: It must be established that the defendant's breach of duty was the cause of the accident and the resulting injuries. This involves proving that the defendant's actions or negligence directly led to the harm suffered by the injured party.

  4. Damages: The injured party must provide evidence of actual damages, such as medical expenses, lost wages, property damage, and pain and suffering. Documenting and quantifying the extent of the damages is crucial in determining fault and calculating compensation.

Texas follows the modified comparative fault rule, where the injured party's own negligence is taken into account when determining fault and awarding damages.

If the injured party is found partially at fault for the accident, their compensation may be reduced proportionately to their percentage of fault. For example, if you were in a car accident and the other driver was 80% at fault while you were 20% at fault, you can recover up to 80% of the damages from the other driver.

However, if the injured party is determined to be 51% or more at fault, they are barred from recovering any compensation.

1. Liability for Car Accidents in Texas

In Texas, drivers are required to carry liability insurance to cover damages they may cause in an accident. If you're in a car accident, the liable party will typically be the driver who caused the accident. However, liability can also extend to other parties such as the vehicle owner or the employer of the at-fault driver.

2. Liability for Slip and Fall Accidents in Texas

Liability for slip and fall accidents in Texas generally falls under the premises liability law. Premises liability refers to the legal responsibility of property owners or occupiers to maintain safe conditions on their premises and protect visitors from foreseeable hazards.

To establish liability for a slip and fall accident in Texas, the following factors are considered:

  • Duty of Care
  • Notice of the Hazard
  • Foreseeability
  • Causation

3. Liability for Medical Malpractice in Texas

In Texas, medical professionals have a duty of care to their patients. If a medical professional fails to provide the expected level of care and this results in injury or harm to the patient, they may be held liable for medical malpractice.

To establish liability for medical malpractice in Texas, the following elements generally need to be proven:

Doctor-Patient Relationship

It must be established that there was a doctor-patient relationship between the healthcare provider and the injured person. This means that the healthcare professional was hired or agreed to provide medical care to the patient.

Breach of the Standard of Care

The injured party must demonstrate that the healthcare provider breached their duty of care. This involves showing that the healthcare professional's actions deviated from the accepted standard of care that a reasonably skilled and competent healthcare provider in the same field would have provided under similar circumstances.

Causation of Patient's Injuries / Harm

It must be proven that the breach of the standard of care directly caused the patient's injuries or harm. This typically requires expert testimony to establish the link between the healthcare provider's negligence and the resulting harm.

Suffered Actual Damages

The injured party must have suffered actual damages, such as physical pain, medical expenses, lost wages, disability, or emotional distress, as a result of the healthcare provider's negligence.

4. Liability for Product Liability in Texas

If you're injured by a defective product, liability may fall on the manufacturer, distributor, or seller of the product. In Texas, product liability claims typically fall under three categories: strict liability, negligence, and breach of warranty.

Strict Liability

Texas has strict liability laws that hold these parties responsible for any injuries caused by their products. Under strict liability, a person or entity involved in the manufacturing, distribution, or sale of a defective product can be held liable for injuries caused by the product, regardless of whether they were negligent. To establish a strict liability claim, the injured party must demonstrate that the product was defective and that the defect caused their injuries.


A product liability claim based on negligence requires proving that the manufacturer, distributor, or seller failed to exercise reasonable care in designing, manufacturing, or distributing the product. Negligence can be established by showing that the defendant breached their duty of care and that the breach directly caused the plaintiff's injuries.

Breach of Warranty

Product liability claims can also be based on a breach of warranty. Warranties can be express or implied, and a breach occurs when the product fails to meet the promises or expectations set forth in the warranty. This can include both written warranties and implied warranties of fitness for a particular purpose or merchantability.

5. Liability for Dog Bites in Texas

In Texas, liability for dog bites is governed by the state's “one-bite” rule, which is also known as the “negligence” or “common law” rule. Under this rule, the owner of a dog is typically not held liable for the first bite or injury caused by their dog, unless they had knowledge of the dog's dangerous propensities or past aggressive behavior.

However, it's important to note that Texas also has a “statutory strict liability” law that applies in certain circumstances. According to this law, a dog owner can be held strictly liable for any damages caused by their dog if:

  1. The dog previously attacked or injured someone, or
  2. The owner was aware of the dog's aggressive behavior before the incident occurred.

In these situations, the owner can be held responsible for the victim's medical expenses, lost wages, pain and suffering, and other damages resulting from the dog bite.

Get the Experienced Representation You Deserve!

If you've been injured in a personal injury accident in Texas, it's important to understand who is liable for your damages. At Maloney Law Group, P.L.L.C., we can help you navigate the complex legal system and hold the responsible parties accountable.

Contact us today for a free consultation.