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Personal injury law is based on the principle that individuals have a duty to act with reasonable care to avoid causing harm to others. But what happens when someone fails in that duty and another person gets hurt? In legal terms, this is where liability comes into play.
Scott Scherr at The Payne Law Group helps injury victims across Texas understand their rights and hold negligent parties accountable. If you’ve been hurt due to someone else’s carelessness, understanding how liability works is a key first step in protecting your legal options.
What is Legal Liability?
Legal liability means being responsible—financially and legally—for someone else’s injury or loss. To hold someone liable, you must usually prove that their actions (or inaction) directly caused harm and that they had a duty to prevent it.
Liability can arise in many different scenarios. Here are some common examples:
- A driver runs a red light and hits another car
- A store owner fails to clean up a spill, causing a customer to slip and fall
- A property owner neglects to fix a broken handrail which leads to a serious fall
- A dog owner lets their aggressive dog roam off-leash, resulting in an attack
Each of these situations involves a person who failed to uphold a standard of care, resulting in injury to someone else.
The Four Elements of Negligence
Most personal injury cases in Texas rely on proving negligence. To establish that someone was negligent—and therefore liable for your injuries, you must demonstrate four key elements:
- Duty of Care: The defendant had a legal obligation to act in a reasonably safe manner toward the injured person.
- Breach of Duty: They violated that obligation by acting carelessly or failing to act when they should have.
- Causation: Their action (or inaction) directly caused your injury.
- Damages: You suffered real harm—physical, financial, or emotional—as a result.
Without all four elements, it can be difficult to establish legal liability.
Situations Where Someone May Be Liable for Another’s Injury
Liability isn’t limited to one-on-one interactions. Sometimes, a third party or employer may be held responsible for someone else’s actions. Here are a few examples:
Employer Liability (Vicarious Liability)
Under the doctrine of respondeat superior, employers can be held liable for their employees’ actions if those actions occurred within the scope of employment. For instance, if a delivery driver causes a crash while on the clock, the employer may share responsibility.
Premises Liability
Property owners—whether private individuals, businesses, or government entities—are responsible for maintaining safe environments. If a hazardous condition on someone’s property causes harm, they could be held liable.
Dram Shop Liability
Under Texas’s Dram Shop Act, a bar or restaurant may be liable if they over-serve alcohol to an obviously intoxicated person who then causes a crash or injury. This law is meant to hold establishments accountable for contributing to preventable tragedies.
Negligent Supervision
Parents, caregivers, or institutions may be held liable if someone under their supervision (such as a child or employee) causes harm due to lack of proper oversight.
Shared Fault and Comparative Negligence in Texas
In some cases, more than one party may be at fault for an injury, including the injured person. Texas follows a modified comparative negligence rule, which means:
- If you are less than 51% at fault, you can still recover damages.
- However, your compensation will be reduced by your percentage of fault.
For example, if you’re found to be 20% responsible for a car accident, and your damages total $100,000, you would recover $80,000.
Proving Liability After an Injury
Establishing liability often requires thorough investigation, documentation, and legal strategy. An experienced personal injury attorney can:
- Gather evidence such as photos, video, and witness statements
- Request and review police or accident reports
- Consult experts in accident reconstruction or medical care
- Handle negotiations with insurance companies
- Prepare your case for trial if a fair settlement isn’t offered
At The Payne Law Group, we prepare every case with the goal of obtaining maximum compensation, whether through negotiation or litigation.
Consult Attorney Scott Scherr If You’ve Been Injured
Understanding who is liable after an injury can be complex, especially when multiple parties or unique circumstances are involved. Whether you were hurt in a car accident, a slip and fall, or another situation involving negligence, contact attorney Scott Scherr at The Payne Law Group to explore your options.
We offer free consultations, and you don’t pay unless we win. Let us help you determine who’s responsible and fight for the compensation you deserve.