Texas Legal Glossary · Personal Injury

Tort

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: A tort is a civil wrong, other than a breach of contract, that causes injury or loss and for which Texas law allows the injured person to sue for money damages. Negligence, intentional torts, and strict liability are the three main categories.

Also called: civil wrong, tort claim

What tort means in Texas

A tort is a civil wrong that causes harm to another person and gives that person the right to sue for damages. It is distinct from a breach of contract, where the duty comes from a promise. In tort, the duty comes from the law itself: do not drive carelessly, do not strike people, do not sell a product that is unreasonably dangerous.

Texas recognizes three broad families. Negligence covers careless conduct and makes up the bulk of injury litigation. Intentional torts include assault, battery, false imprisonment, and intentional infliction of emotional distress. Strict liability applies without regard to fault in limited areas such as manufacturing defects in products.

How it works in practice

The same act can be both a tort and a crime. A drunk driver who causes a crash faces criminal prosecution in Travis County for driving while intoxicated and a separate civil suit by the injured person. The two cases run on different tracks with different standards of proof. The criminal case requires proof beyond a reasonable doubt. The civil case requires only a preponderance of the evidence, so an acquittal does not end the tort claim.

The remedy in tort is almost always money. Texas allows recovery of economic damages such as medical bills and lost wages, noneconomic damages such as pain and mental anguish, and in cases of fraud, malice, or gross negligence, exemplary damages under Chapter 41 of the Civil Practice and Remedies Code.

Why it matters in your case

Which tort theory you plead controls what you must prove, what defenses apply, and what damages are available. A product case pleaded as strict liability does not require proof of carelessness. An intentional tort may not be covered by the defendant’s insurance at all.

Example

After a bar fight on Sixth Street, Derek is arrested for assault. The man he struck, Omar, suffered a broken jaw. The criminal case ends in a plea to a lesser charge. Omar still files a civil suit for the intentional tort of battery and recovers his medical bills, lost income, and damages for pain. The plea does not control the civil outcome.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.