(Tex. 1983), the Supreme Court of Texas held an electrocardiogram to be tangible personal property. In that case, the alleged negligence was in the.Negligent actions resulting in personal injury or death through the use of tangible personal or real property. The five elements of negligence here in Texas are 1) duty; 2) breach; 3); cause in fact 4); proximate cause; and 5) damages. Unintentional torts involve negligence for things like car accidents, medical malpractice, and premises defects. Sec. 101.065. NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT OFFICERS. For example, you may be sued for negligence if a delivery person slips and falls on a patch of ice, sustaining an injury, on the way to your front door. Torts are generally classified as negligence, intentional torts, and strict liability torts. In the law, strict liability is a type of liability that does not require proof of intent or negligence. Suing the state of Texas for negligence is possible under the Texas Tort Claims Act (TTCA), which waives sovereign immunity in specific cases.
