Wednesday, July 27, 2011

Proving common-law negligence cause of action in Texas


The essential elements of a common law negligence cause of action are duty, breach of that duty, and damages proximately caused by the breach. D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex. 2002). Whether or not a breach has occurred is determined by comparison to the applicable standard of care. See Doe v. Boys Club of Greater Dallas, Inc., 907 S.W.2d 472, 477 (Tex. 1995).

The “ordinary care” standard is generally defined as that which an ordinarily prudent person, exercising ordinary care would have done under the same circumstances. See Lincoln Prop. Co. v. DeShazo, 4 S.W.3d 55, 61 (Tex.App.--Fort Worth 1999, pet. denied).

SOURCE: El Paso Court of Appeals - 08-09-00192-CV - 7/20/11

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