In addition, your injury must be the fault of someone else. Under the Texas & Colorado personal injury claim process, there is a series of “torts”. Torts define when you can sue for someone else’s misconduct. Most injuries fall under the category of the tort of negligence.
Negligence includes injuries caused by someone neglecting the “duty of care” they owed to you. For example, if a driver injured you by driving recklessly, you may have a lawsuit. Furthermore, if medical providers injured you by failing to use reasonable care, skill, or knowledge, you may have a lawsuit for medical malpractice. If dangerous conditions on an owner’s premises led to a slip and fall injury, you may have a case for premises liability.
You may also have a viable lawsuit if you sustained injury due to intentional action. For example, if someone used force or inflicted emotional distress to harm you, they may be liable for committing an intentional tort. One example of this is battery, which is when someone intentionally uses force or violence injuring you. Similarly, if you were emotionally injured by the intentional, extreme and outrageous conduct of someone else, you may have a lawsuit for the intentional infliction of emotional distress.
Manufacturers and designers are also liable for your injuries if an unreasonably dangerous product that was used as intended injures you. Similarly, if you were injured from using a product in a way that the manufacturer should have known would be used, and there was no warning on the product, the manufacturer will be liable.