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Casualty and liability

Negligence

Negligence is the failure to exercise reasonable care, established by proving a duty, a breach of that duty, causation, and damages.

Reviewed September 2026 · Exam outline effective September 1, 2026

In plain English

Liability analysis begins with the four elements. A duty of care has to exist, the defendant has to have fallen short of it, that shortfall has to have caused the harm, and there has to be actual damage.

All four are required. A frightening near miss with no injury fails on damages. A genuine injury with no duty owed by the defendant fails at the first element. Missing one element ends the negligence analysis.

Why the exam tests it

Negligence is the analytical backbone of the casualty portion of the outline, and liability questions are frequently resolved by identifying which element is missing.

The trap

Confusing liability with coverage. Establishing negligence says the insured may owe damages; it does not establish that the policy covers those damages. Those are two separate analyses.

Worked example

A customer slips on a spill that staff had been told about an hour earlier and breaks a wrist. Duty, breach, causation, and damages are all present, so the liability analysis is satisfied — and the coverage analysis then begins separately.

Full course

Study this with the complete Texas All-Lines course

This concept is covered in depth in the "Duty, Breach, Causation & Damages" lesson, alongside every other topic on the content outline.

Sources

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For exams on or after September 1, 2026. If your exam is scheduled earlier, use the outline that applies to your exam date. Texas Exam Academy is independent exam preparation and is not affiliated with or approved by the Texas Department of Insurance or Pearson VUE. Verify current eligibility, fees, forms, and requirements with the responsible authority.

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