How does comparative fault work in Texas?

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1. Negligence Elements.   Texas negligence requires legal duty, breach, proximate cause (cause-in-fact plus foreseeability per  Doe v. Boys Clubs , 907 S.W.2d 472), and damages. The Texas Pattern Jury Charges PJC 2.1 controls instructions.    2. Comparative Fault Regime.     Tex. Civ. Prac. & Rem. Code § 33.001   sets a 51% bar: a claimant whose percentage of responsibility is  greater than 50%  may not recover damages. A 50/50 plaintiff still recovers, reduced by their share. Section 33.003 requires the jury to apportion responsibility among claimants, defendants, settling parties, and responsible third parties designated under § 33.004.    3. Joint and Several Liability.   Section 33.013 — a defendant is jointly and severally liable only if its percentage of responsibility exceeds 50%, or if it acted with specific intent to harm or committed certain felonies (DWI, fraud). Otherwise liability is several only.    4. Last Clear Chance / Sudden Emergency.   Last clear chance was abolished by comparative fault adoption ( French v. Grigsby , 571 S.W.2d 867). Sudden emergency remains as an instruction in appropriate cases.    5. Settling Tortfeasors.   § 33.012(b) — claimant's recovery is reduced by a dollar-for-dollar credit for settlement payments, or alternatively by the settling party's percentage of fault (claimant elects).    6. Statute of Repose vs SOL.   Personal injury SOL is 2 years (§ 16.003). Construction repose is 10 years (§ 16.009). Product liability repose is 15 years (§ 16.012).    7. Caps.   Medical malpractice noneconomic damages capped at   $250,000 per claimant against physicians   (§ 74.301), plus $250,000 per facility (max two facilities). Exemplary damages capped at greater of $200,000 or 2× economic + up to $750,000 noneconomic (§ 41.008).    8. Wrongful Death Comparative.   Chapter 71 wrongful death suits apply Chapter 33 comparative fault; decedent's negligence reduces statutory beneficiaries' recovery.    9. Worker Injuries.   Subscribing employers enjoy WC exclusive remedy (Lab. Code § 408.001); nonsubscribers lose common-law defenses including contributory negligence (§ 406.033). Third-party suits use § 33.001.  This is legal information, not legal advice.