The injured party or their surviving family members can bring an intentional tort case or one based on negligence or strict liability. Liability for some sort of personal injury (e.g.We also handle tort claims against government entities and negligent individuals. Call 1-800-GO-HARRIS to discuss your case in a free consultation. To receive monetary awards, you will need to prove five elements of negligence that resulted in damage. The Texas Tort Claims Act requires an injured person to file a notice of claim within 180 days (six months) after the accident or injury. However, you may sue the government for negligence in some cases. In some cases, a complaint is so poorly drafted that it is difficult to ascertain if a personal liability claim has been asserted. Strict Liability Torts. Completing the syllogism, they argue that the tort liability of school officials for negligence must also fall within parental immunity.