Texas Torts and Remedies provides complete and detailed treatment of the substantive Texas law of torts, as well as remedies for tortious injury. Updated twice a year, the set tracks recent developments in areas such as government liability, products liability, and workers' compensation. It provides comprehensive coverage of Texas tort law, including: principles of liability; professional liability; torts relating to real property; torts relating to transportation; products liability and commercial torts; intentional torts; claims against public entities; insurance claims; and remedies. Click the chapter links below to learn more, and purchase by chapter.
Chapter 1: Negligence
This chapter, Negligence, introduces the general principles covering all types of negligence actions. The chapter covers each element of the tort, including duty, breach, proximate cause, and damages, and provides additional discussion on duty, breach, and causation. The chapter also explains the concepts of negligence per se and res ipsa loquitur. Finally, the chapter examines several evidentiary issues that arise frequently in negligence cases.
Chapter 2: Defenses to Negligence
This chapter, Defenses to Negligence, discusses the defenses that may be raised to avoid liability for negligence. The chapter reviews the transition in Texas law from contributory negligence and related ''all-or-nothing'' defenses to the statutory scheme of proportionate responsibility. The chapter reviews the applicable statutes, focusing on the provisions that reduce recovery to account for the plaintiff's own negligence, create rights to contribution based on percentages of negligence or responsibility, and limit joint and several liability. The chapter describes the traditional defenses of assumption of risk, last clear chance, and imminent peril, and the extent to which these defenses remain viable following the adoption of comparative causation. The chapter discusses the rescue doctrine and inferential rebuttal matters.
Chapter 10: General Principles of Professional Liability
This chapter, General Principles of Professional Liability, provides a general introduction to the field of professional malpractice litigation. The chapter outlines the theories of liability for professional malpractice; discusses defenses that may be asserted in malpractice actions; and reviews relevant evidentiary rules and concepts.
Chapter 23: Landlord-Tenant Tort Liabilities
This chapter, Landlord-Tenant Liabilities, discusses tort liabilities that may arise from the landlord-tenant relationship. The chapter is divided into three parts--Negligence, Interference with Possession of Premises or Personal Property, and Other Statutory Causes of Action with Regard to Residential Tenancy.
Chapter 40: General Principles of Products Liability
This chapter, General Principles of Products Liability, sets forth the general principles of products liability actions. The chapter is divided into two parts--Part A covers strict products liability, and Part B addresses other theories of products liability.
Chapter 45: Wrongful Termination from Employment
This chapter, Wrongful Termination from Employment, discusses the rights, duties, and liabilities of employers and employees with regard to the termination of the employment relationship.
Chapter 80: General Principles of Tort Damages
This chapter, General Principles of Tort Damages, discusses general principles relating to the recovery of compensatory and nominal damages in tort actions. The chapter addresses the general categories of damages, the requirements for pleading damages, and the role of the jury in assessing damages. The chapter considers the grounds on which trial and appellate courts may amend or set aside a damage award, such as prejudice, mistake of law or fact, and insufficient evidence.
Chapter 81: Bodily Injury and Medical Expenses
This chapter, Bodily Injury and Medical Expenses, discusses the recovery of damages for bodily injury. The chapter covers recovery for enhanced susceptibility to future illness or disability and for aggravation of injuries. The chapter also includes a "practice note" section which provides short practice notes written by Texas practitioners that will provide practical advice regarding recovery for bodily injury and medical expenses.
Chapter 86: Death and Survival Actions
This chapter, Death and Survival Actions, explores general theories of liability in death actions brought under the Wrongful Death Act and survival actions brought under the Survival Act.
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