Negligence in the implementation of the decision can give rise to liability. In Texas, comparative negligence is used to allocate responsibility for damages among parties to a wreck.Learn more about Texas negligence laws. The Texas Tort Claims Act makes government entities liable for a variety of acts, including property damage, personal injury or wrongful death. The negligence of designated responsible third parties is submitted in the liability question. It is an affirmative defense to liability in a civil action brought against a physician or health care provider for a violation of Section 170A. Premises liability; Elder abuse or neglect. A lawyer can help you determine if your claim meets the five elements of negligence required to prove your case. You can file a claim against the government yourself, but we highly recommend working with an attorney who understands the government named in the claim. Call 214-572-1957 or fill out our online contact form today to schedule a free consultation.