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Glossary · Negligence Law

Negligence

Negligence is the failure to use reasonable care — the foundation of most injury law.

Negligence Law

What “Negligence” Means

Negligence is the failure to use reasonable care — the foundation of most injury law. A Texas negligence claim requires four elements: a duty owed, a breach of that duty, causation linking breach to harm, and damages. Prove all four by a preponderance of the evidence, and liability follows.

Why It Matters in Your Texas Case

Nearly every McKay Law case is a negligence case at its core — the distracted driver, the unmopped aisle, the unsecured load, the overserved patron. The four elements are our build order: duty briefed correctly, breach documented concretely, causation anchored in medicine, damages itemized completely. Insurers exploit whichever element is weakest; disciplined case construction leaves them none.

Related Terms

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