TX Bar Torts and Personal Injury 1

Question 1

Texas follows which rule regarding comparative fault in negligence cases?

Accepted Answer

Modified comparative fault with a 51% bar

Answer

Pure comparative fault

Answer

Contributory negligence (complete bar)

Answer

Strict liability for all negligence claims

Question 2

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

Accepted Answer

Two years from the date of injury

Answer

One year from the date of injury

Answer

Three years from the date of injury

Answer

Four years from the date of injury

Question 3

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

Accepted Answer

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

Answer

No cap exists on non-economic damages

Answer

$1 million total cap on all damages

Answer

$100,000 per claimant

Question 4

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

Accepted Answer

Strict liability for manufacturing defects

Answer

Negligent design

Answer

Negligent failure to warn

Answer

Negligent marketing

Question 5

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

Accepted Answer

Each defendant is liable only for their percentage of fault

Answer

All defendants are jointly and severally liable regardless of fault

Answer

The defendant with the most resources pays all damages

Answer

Liability is split equally among all defendants

Question 6

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

Accepted Answer

Up to three times the actual damages (treble damages)

Answer

Double damages only

Answer

Punitive damages with no cap

Answer

Only attorney fees without additional damages