Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Monday, November 2, 2009

Elements of Negligence Claim in Texas

WHAT DOES IT TAKE TO PROVE NEGLIGENCE? To prevail on its negligence claim, [Plaintiff] had to prove the existence of a legal duty, a breach of that duty, and damages proximately caused by the breach. See D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex. 2002). Thus, among the other elements of its negligence cause of action, [Plaintiff] had to show it was injured by [Defendant's] actions. See generally A.B.F. Freight Sys., Inc. v. Austrian Import Serv., Inc., 798 S.W.2d 606, 615 (Tex. App.-Dallas 1990, writ denied) (recognizing that establishing the fact of damage is a prerequisite to establishing the amount of damages to be awarded). SOURCE: 09-08-00083-CV (Beaumont Court of Appeals)(10/29/09)