Texas recognizes an interesting cause of action call negligent undertaking. Under Texas law, in the absence of a relationship between the parties giving rise to the right of control, one person is under no legal duty to control the conduct of another, even if there exists the practical ability to do so. This is not so when a negligent undertaking happens. What is a negligent undertaking?

A negligent undertaking occurs when someone undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if: his failure to exercise such care increases the risk of such harm, or the harm is suffered because of the other’s reliance upon the undertaking.

Generally, there is no duty to take action to prevent harm to others (i.e., to be a good Samaritan) without certain special relationships or circumstances. However, a duty to use reasonable care can arise, however, when a person undertakes to provide services to another, either gratuitously or for compensation. 

For instance, when having undertaken to place a flashing light at the crossing for the purpose of warning travelers, the railroad was under a duty to keep the signal in good repair, even though the signal was not legally required. This was the situation when a railroad placed flashing lights at a crossing and failed to maintain those lights.