Good Samaritan Or Negligent Undertaking? Be Wary.

Attorneys should be on the lookout for negligent undertaking causes of action disguised or pled as negligent training or other similar negligence-related claims. Although related, the cause of action for negligent undertaking has additional, independent elements required to succeed on the merits. Texas courts have recognized the cause of action for negligent undertaking, in limited circumstances, and have imposed a duty where an actor undertakes to provide services to another—whether gratuitously or for compensation. It is often used in an effort to create a duty where one normally would not exist.¹ Although rooted in negligence, negligent undertaking requires the additional evidentiary showing that: