FAQ: What is the Burden of Proof?
The Burden of Proof is the legal standard required to prove a case in court. In Texas civil cases, which include personal injury lawsuits, the Burden of Proof is known as “preponderance of the evidence”. This standard requires that a jury or judge find a greater than 50% chance that the Plaintiff’s version of the
Read MoreFAQ: What is Transferred Intent?
The issue of Transferred Intent occurs when a defendant intents to harm one specific person, but instead injures another person (or both). It falls under TEX. PEN. CODE ANN. 6.04(b)(2) (Vernon 1994); Manrique v. State, 994 S.W.2d 640, 647 (Tex. Crim. App. 1999). The classic example of Transferred Intent is Dowden v. State. Although a
Read MoreFAQ: What is Vicarious Liability?
In a normal personal injury case, Person A engages in a negligent act and injures Person B. As a result, Person A is liable for the injuries. Vicarious Liability is a form of indirect liability that occurs when parties have a particular relationship or agency between them. The most common forms of Vicarious Liability are:
Read MoreFAQ: What is an Unconscionable Act?
Most often used with the Texas Deceptive Trade Practices Act and limited to economic outcomes associated with commercial transactions, an Unconscionable Act is “an act of practice, which to a consumer’s detriment, takes advantage of the lack of knowledge, ability, or capacity of the consumer to a grossly unfair degree, resulting in a gross disparity
Read MoreFAQ: What is Strict Liability?
Strict Liability… … occurs when a person engages in certain actions, and requires neither negligence, recklessness nor intent. The most common actions to incur Strict Liability include: Abnormally dangerous activities such involving things like explosives, chemical materials or radiation. Product defects where injury was reasonably foreseeable. Animal bites that occur beyond the One Bite Rule.
Read MoreFAQ: What is the Statute of Repose?
Under Texas law, a potential plaintiff has two years to file a lawsuit from the time an injury is discovered. This is the statute of limitations. A statute of repose limits the time to file a lawsuit based factors separate from when the injury occurred and/or was discovered. For instance, the statute of response for
Read MoreFAQ: What is Respondeat Superior?
Respondeat Superior applies liability to an employer for the actions of its employees in certain cases. Generally, the injury must have occurred “within the scope of employment”. Specifically, the plaintiff must prove that the employee’s actions were: Within the general authority granted by the employer, In furtherance of the employer’s business, and For the accomplishment of
Read MoreFAQ: What is Reasonable Care?
Reasonable Care is a duty held by both individuals and businesses, to provide reasonable care in their actions. Unreasonable actions that result in injury may be a cause for a negligence claims. In the case of an individual, Reasonable Care requires a driver to stop at a red light. If the driver runs the red
Read MoreFAQ: What are Punitive Damages?
Punitive Damages in Texas As opposed to Compensatory Damages, which aim to make an injured party whole, Punitive Damages are intended to punish a defendant and serve as a deterrence to others. Such damages are not always awarded, but are most often granted in cases of gross negligence, extreme recklessness or malicious motives. In Texas,
Read MoreFAQ: What is Proximate Cause?
Texas courts break down causation into two types: actual and proximate. Generally a plaintiff must prove both types to win a case. Actual cause is fairly straightforward. Suppose the defendant is texting while driving, and rearends the plaintiff. The defendant’s actions are the actual cause of the accident. Proximate cause is usually more complex, and
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