Mark Anderson | November 20, 2025 | Personal Injury

Types of Torts and Examples in Law

If you’ve been injured or suffered harm due to someone else’s actions, you may have a claim under Texas tort law. 

Torts are civil wrongs that cause harm or loss to a person. Torts form the backbone of personal injury law in Texas. Understanding the different types of torts and how they apply in Dallas accident claims can help you determine your legal options and decide whether to pursue compensation.

This guide covers the three main categories of torts recognized in Texas: strict liability, negligence, and intentional torts. It also provides clear examples of the types of torts that may be involved in Texas personal injury cases.

What Is a Tort?

A tort is wrongful conduct that causes harm to another person. The injured party can seek compensation in court for damages. Unlike criminal law, tort law is typically designed to compensate victims rather than punish offenders. 

The Three Main Types of Torts in Texas

If another party injures you, your claim may fall under one of these types of torts:

Intentional Torts

An intentional tort occurs when a person acts with the intention of causing harm or injury. These actions are deliberate and often overlap with criminal offenses.

Common intentional torts in Texas include:

  • Assault
  • Battery
  • False imprisonment
  • Theft
  • Fraud
  • Defamation

Intentional torts may result in both compensatory and punitive damages. 

A person does not need to be charged with a criminal offense to be liable in civil court for damages. The burden of proving a personal injury claim in civil court is lower than in criminal court. However, it is the injured party’s burden to prove the at-fault party acted intentionally to cause them harm.

Negligence

Negligence is a common type of tort in personal injury cases. A party is negligent when they do not act with reasonable care, resulting in harm to another person. A failure to take a reasonable action can also be considered negligent. The legal elements an injured party must prove in a negligence claim are duty of care, breach of duty, causation, and damages.

Common examples of negligence claims in Texas include:

An injured party can seek economic and non-economic damages for tort claims. They may be eligible to receive reimbursement for medical bills out-of-pocket expenses, and lost wages. They may also be entitled to compensation for pain and suffering.

Strict Liability

Strict liability applies when a person or entity is held responsible for harm caused by certain inherently dangerous products or activities, regardless of negligence or intent. There is no need to prove that a party acted with the intent of causing harm or failed to meet an acceptable standard of care.

Examples of strict liability claims in Texas include:

  • Product liability claims for defective products, including design flaws, manufacturing defects, and failure to warn issues 
  • Claims against owners of wild animals for injuries caused by those animals.
  • Abnormally dangerous activities that have a high risk of causing severe injuries and harm, even when parties utilize reasonable safety measures, such as storing hazardous substances or using explosives

Even though a party may be held strictly liable, it does not mean that an injured party will not face challenges in proving their case. They must focus on the inherent danger involved in the activity or conduct to establish strict liability. They must also prove the activity caused their injuries and losses.

Texas Proportionate Responsibility Statute and Tort Claims

Texas follows a modified comparative fault rule for tort claims. If a victim is less than 51% at fault for an accident, they can typically recover damages proportionate to their fault. In other words, their damages are usually reduced by the percentage of fault they bear. However, if they are more than 50% at fault, they may not be able to recover any compensation. 

Contact Our Dallas Personal Injury Lawyers for a Free Consultation

If you believe you have a tort claim, it’s essential to consult with an experienced Dallas personal injury lawyer. The legal process can be complex, especially with Texas’s unique tort reforms and procedural requirements.

Anderson Injury Lawyers in Dallas can help you understand your rights, gather evidence, and pursue the compensation you deserve. Contact our personal injury lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.

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