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On The Duty Owed In An Employee Injury Suit

Law360 (June 13, 2007, 12:00 AM EDT) -- The State of Texas allows Texas employers to opt out of the worker’s compensation system and become a “nonsubscriber.” Even though the Texas Legislature has limited nonsubscribers’ defenses in employee injury suits, a plaintiff must still prove the basic elements of a negligence claim—duty, breach, proximate cause, and damages.

In defending such lawsuits, many employers fail to pay much attention to the duty element because of vague statements in precedent regarding an employer’s general and non-delegable duty to provide a reasonably safe workplace to an employee....
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