Cecily Zamora
A cause of action (CoA) is a commonly used acronym and the crux of a lawsuit. In practical terms, a CoA is what a plaintiff pleads in a lawsuit, determining what evidence is relevant and what questions are submitted to the jury. This article will discuss common law causes of action in Texas, including personal injury, negligence, privacy torts, and commercial litigation. Understanding the elements of a CoA is crucial for both plaintiffs and defendants in determining the best course of action in a legal dispute.
| Characteristics | Values |
|---|---|
| Definition | A cause of action is what a plaintiff pleads in a lawsuit, governing what evidence is relevant and what questions are submitted to the jury |
| It is the plaintiff's primary right to relief and the defendant's act or omission that violates that right | |
| It includes all essential facts that the plaintiff must establish to demonstrate their legal right to relief | |
| The second element of the cause of action corresponds to the primary right of the plaintiff, which may arise from a contract or be imposed by positive law independent of the contract | |
| Types | Negligence, negligence per se, gross negligence, invasion of privacy, IIED, civil conspiracy, personal injury |
| Negligent infliction of emotional distress (NIED) is not recognised in Texas | |
| Prima facie tort is not expressly adopted in Texas, but the elements are identical to those for IIED |
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What You'll Learn
Negligence per se
To establish negligence per se in Texas, several elements must be proven. Firstly, it must be demonstrated that the defendant violated a specific statute or regulation, such as non-compliance with traffic laws, building codes, or other applicable regulations. The statute or regulation in question must have been enacted with the intention of protecting a specific class of individuals, such as laws safeguarding pedestrians, patients, workers, or any other clearly defined group.
The plaintiff in a negligence per se claim must be a member of the protected class that the statute or regulation was intended to safeguard. This ensures that the individual filing the claim has standing and a valid interest in seeking legal recourse. Additionally, it must be proven that the violation of the statute or regulation directly caused the plaintiff's injury, and that the injury suffered is the type of harm the statute or regulation was intended to prevent.
The statute of limitations for a negligence per se claim in Texas is two years. It is important to note that the courts will not apply the doctrine of negligence per se if the criminal statute does not provide an appropriate basis for civil liability. There are additional factors that the Texas Supreme Court considers when deciding whether to apply a specific statutory requirement to a particular claim, such as whether the statute is the sole source of tort duty or merely supplies a standard of conduct for an existing common-law duty.
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Nonconsensual online publication
In the state of Texas, the nonconsensual online publication of intimate photographs or videos is a serious issue that can lead to legal action. This situation can cause severe emotional distress to the victim and is considered an invasion of privacy.
Texas law provides several avenues for victims of nonconsensual online publication to seek legal recourse. One option is to file a lawsuit under the common law tort of negligent infliction of emotional distress (NIED). However, it is worth noting that the Texas Supreme Court expressly rejected NIED in 1993. As a result, victims seeking compensation for emotional harm may need to pursue a claim for intentional infliction of emotional distress (IIED).
Another possible legal route is to frame the nonconsensual online publication as a prima facie tort claim, which is similar to IIED claims. However, Texas courts do not explicitly recognize prima facie tort claims, so victims may again need to rely on IIED claims.
In addition to emotional distress and invasion of privacy, victims can also argue that the nonconsensual online publication constitutes negligence or gross negligence. This argument would require demonstrating that the perpetrator failed to uphold a reasonable standard of care, and that their carelessness caused harm to the victim.
To strengthen their legal position, victims of nonconsensual online publication should take proactive steps. These include identifying all instances of the images or media online, reporting the content to search engines and social media platforms, and reaching out to the perpetrator to request removal. Consulting a reputable revenge porn attorney is also highly recommended.
While Texas law provides some avenues for legal recourse, it is important to note that there may be challenges due to the evolving nature of privacy laws and the specific circumstances of each case. Victims of nonconsensual online publication are advised to seek legal advice to understand their options fully.
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Personal injury
In Texas, a personal injury claim arises when an individual suffers an injury and someone else might be legally responsible for that harm, whether by statute or at common law. The basis for personal injury law is negligence, which is a failure to exercise ordinary care or the level of care expected under the circumstances. For example, the failure to keep a proper lookout that leads to a wreck is negligence. Driving while distracted is negligence. The failure to provide a safe place to work is negligence. Selling a dangerous product or one without adequate warnings or instructions is negligence.
The legal elements of a negligence claim are:
- Duty: The defendant had a legal duty to the plaintiff.
- Breach: The defendant breached that duty through action or inaction.
- Causation: The defendant’s actions (or inaction) caused the injury.
- Damages: The plaintiff suffered losses (damages) as a result.
Texas law permits recovery of several types of damages in personal injury cases. Economic damages include tangible losses such as medical expenses, lost wages, property damage, and loss of use damages. Non-economic damages cover intangible losses such as physical hurt, pain and suffering, mental grief or anguish, physical impairment, and scarring or disfigurement. Texas law also allows the non-injured spouse to recover for loss of consortium, society, and affection.
Texas follows a "modified comparative fault" rule, which means that if you are partially at fault for causing your injury, your award for damages may be reduced by your percentage of fault. If you are more than 50% responsible, you cannot recover any compensation from the other at-fault parties.
There are several negligence-based causes of action specifically allowed by Texas courts:
- Negligence: Claims require showing that a person failed to live up to a reasonable standard of care.
- Negligence per se: Based on a perpetrator's failure to follow a written law or regulation.
- Gross negligence: When people willfully disregard the well-being and safety of others.
- Bystander claims: When a close family member is injured or killed, and the claimant sues for the mental anguish caused by witnessing the accident.
- Negligent entrustment: When individuals allow their possessions (like vehicles) to be used by patently dangerous persons.
- Negligent hiring: When employers do not properly vet employees for potentially dangerous jobs.
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Commercial litigation
In Texas, commercial litigation may involve conflicts stemming from various commercial activities, including contracts, agreements, and dealings between businesses, suppliers, customers, and partners. It is important to note that Texas business litigation primarily deals with internal company conflicts, such as management decisions, shareholder disputes, or breaches of contract, while commercial litigation focuses on external business transactions.
Overall, commercial litigation in Texas covers a broad range of disputes and legal issues arising from commercial activities and transactions.
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Negligent hiring
In the state of Texas, a cause of action is what a plaintiff pleads in a lawsuit, determining what evidence is relevant and what questions are submitted to the jury. Negligent hiring is a claim against a business for an injury caused by the company's failure to properly investigate its employees' fitness to perform their job duties.
Texas law allows anyone harmed by an employee with an inadequate background check to sue the company. The level of background investigation depends upon the job duties and the risk of harm to the public. For example, jobs in finance, home services, and commercial driving often require background checks. The employer must conduct reasonable investigations into the background of the job applicant.
In June 2013, Governor Rick Perry signed a new law that precludes most causes of action for negligent hiring or negligent supervision against employers, general contractors, and premises owners. The new law prohibits causes of action "against an employer, general contractor, premises owner, or other third party solely for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has been convicted of an offense." However, the law does not preclude all causes of action for negligent hiring or negligent supervision. It allows such claims in certain situations related to the misuse of funds or property if, on the employee's date of hire, the employee had been convicted of a crime involving fraud or misuse of funds or property.
If you believe you have suffered injuries and losses due to a negligently hired employee, it is recommended to consult a Texas personal injury lawyer who deals with negligence claims and employment-related claims. Negligent hiring can lead to serious injuries and financial harm to its victims, and an experienced lawyer can help evaluate the claim and consider the intersection of multiple areas of law to determine the path toward maximum compensation.
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Frequently asked questions
A cause of action (CoA) is a commonly used acronym and the crux of a lawsuit. It includes all the essential facts that the plaintiff must establish to demonstrate their legal right to relief.
The first element is the plaintiff's primary right to relief. The second element corresponds to the plaintiff's primary right and may arise from a contract or be imposed by positive law independent of the contract.
Some examples of common law causes of action in Texas include negligence, negligence per se, gross negligence, and invasion of privacy.
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