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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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In Negligence cases involving property damage and not injury,

Resolved Question:

In Negligence cases involving property damage and not injury, do the same laws apply? I am in Texas and have found it difficult to find the actual civil statute or case law. I know it is there somewhere.
Submitted: 7 years ago.
Category: Legal
Expert:  Tina replied 7 years ago.
Thank you for trusting our JA team for guidance.

 

You would simply have a case based on negligence resulting in property damage. This is a common law (based on case law) doctrine.

 

Depending on the amount of damages, you may want to sue in small claims court to keep costs down. The clerk of that court can provide you with the forms you need to file a complaint.


Please let me know if you need additional information.

 

Best regards,

TG

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Customer: replied 7 years ago.
I did have a follow up question, have you read it yet?
Customer: replied 7 years ago.
Sorry, I guess it was optional information. Are you still there? I am considering the Gross Negligence because he admitted that he knew about the problem and did not take adequate steps to prevent damage in the future. He just did not care.
Expert:  Tina replied 7 years ago.

I can view it now. I cannot provide you with a specific case on point without a legal database search, which I cannot give you access to. However, it would be a known hazard on the property and negligence in failing to remove the hazard, especially after the store had notice of previous property damage resulting from the known hazard.

 

This would not be a case of gross negligence, but of simple negligence, with a failure of the store's duty to remove known hazards from their property, resulting in property damage to you.

 

If you were insured, your auto insurance company should attempt to collect damages from the store.

 

All the best to you.

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