Sec. 101.065. NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT OFFICERS. Download the Notice of Claim form as a Microsoft Word 2000 file or as a Adobe Acrobat pdf file. .Negligent use of personal property under the Tort. Under the FTCA, the federal government acts as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees. Was their driver negligent or worse in causing the accident? 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. If you cannot prove all elements of negligence, you cannot recover compensation for a tort claim. Strict Liability Torts. Texas premises liability law states that property owners may be liable if their negligence causes someone to be hurt in their business or residence. The negligence of designated responsible third parties is submitted in the liability question.