You’ve built your business with hard work and dedication. Now, an injury claim challenges your company’s reputation and track record of success. In Texas, where litigation can be as big as the state itself, comparative negligence may help you build a more robust defense.
What is comparative negligence?
Texas follows a modified comparative negligence system called the “51% bar rule.” This approach allows plaintiffs to recover damages only if they’re found to be 50% or less at fault for the incident. If a plaintiff’s fault exceeds 50%, they cannot recover damages.
Moreover, the amount that plaintiffs can receive is based on their percentage of fault. A higher fault percentage means lower damages or compensation. As such, even if you can’t eliminate your liability in the case, minimizing your fault can still result in an outcome in your favor.
Strategies for effective defense
To leverage comparative negligence effectively, you need to gather and present evidence that shifts fault to the plaintiff. This might include:
- Thoroughly investigating the incident scene
- Interviewing witnesses promptly
- Analyzing surveillance footage
- Consulting expert witnesses to reconstruct the event
Social media can also be a valuable tool in building your defense. Going through social media accounts can help uncover posts that may point toward the plaintiff’s negligence, such as posts or photos that suggest reckless behavior.
Leveraging the law for defense and victory
In the high-stakes world of personal injury litigation, understanding and effectively using comparative negligence can be a game-changer. You can significantly reduce your potential liability by building a solid case that highlights the plaintiff’s contribution to the incident.
You may have built your company, but you don’t have to defend it alone. Working with experienced litigators can be key to saving you substantial sums in damages. A skilled legal team will know how to gather compelling evidence, present it persuasively and craft arguments that highlight the plaintiff’s fault.