Torts and Personal Injury Flashcards

Texas follows which rule regarding comparative fault in negligence cases?

Answer: Modified comparative fault with a 51% bar

Texas uses modified comparative fault: a plaintiff can recover only if their percentage of fault is 50% or less. At 51% or more fault, recovery is completely barred.

What is the statute of limitations for most personal injury claims in Texas?

Answer: Two years from the date of injury

Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for personal injury claims.

Under Texas law, what cap applies to non-economic damages in medical malpractice cases?

Answer: $250,000 per claimant against physicians and $500,000 against healthcare institutions

Texas Civil Practice and Remedies Code Chapter 74 caps non-economic damages at $250,000 per physician and $500,000 aggregate against healthcare institutions.

In a Texas products liability case, which legal theory does NOT require proof of negligence?

Answer: Strict liability for manufacturing defects

Strict liability for manufacturing defects holds manufacturers liable without requiring proof of negligence — only that the product was defective when it left the manufacturer.

What is the 'proportionate responsibility' system in Texas tort law?

Answer: Each defendant is liable only for their percentage of fault

Texas generally follows proportionate responsibility, where each defendant pays only their percentage share of damages, with limited exceptions for certain types of cases.

Under the Texas Deceptive Trade Practices Act, what additional damages may a consumer recover for knowing violations?

Answer: Up to three times the actual damages (treble damages)

The DTPA allows treble damages (up to three times actual damages) when the defendant's conduct was committed knowingly or intentionally.