Negligence in the implementation of the decision can give rise to liability. Intentional Torts: Intentional invasion of person or property.In a negligence case, the plaintiff must show duty, breach, causation, and harm. Any contributory negligence remains a complete defense to any claim under the. There are three types of tort actions; negligence, intentional torts, and strict liability. The elements of each are slightly different. Even absent SL, maybe liability for negligence or intentional tort. SUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITS. Sec. 101.021. -Don't want to put people in a situation where doing nothing made them liable. The difference comes when looking at the level of care or duty required.