What is the legal definition of negligence?
In Texas, negligence is legally defined as a failure to exercise reasonable care that results in harm to another person. Negligence applies when someone acts recklessly or carelessly and causes injury or damage to someone else. Negligence can occur in a variety of situations, including car accidents, medical malpractice, or accidents resulting from a dangerous condition on someone’s property. To prove negligence, the law requires that all four elements of negligence are present. These elements include: duty of care, breach of duty, causation, and damages. Duty of care requires that someone must act in a reasonable manner while breach of duty is when someone fails to exercise the reasonable duty of care. Causation is when the action of breaching their duty of care is what directly caused the harm. Lastly, damages are the losses a person suffered due to the negligence. In Texas, if a person’s negligence caused another person harm, they may be financially responsible. Depending on the facts of the case, a person may need to pay for the medical expenses of the person injured, any property damage, lost wages, pain and suffering, and any other costs associated with the accident. In Texas, negligence laws can be complex and require the help of an experienced accident lawyer. Accident lawyers can help make sure your legal rights are fully protected.
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