§ 75C.002 — LIMITED LIABILITY.

Texas § 75C.002

• Jurisdiction: Texas
• Code CP: Civil Practice and Remedies Code

Text

Sec. 75C.002. LIMITED LIABILITY. (a) Except as provided by Subsection (b), a cavern entity is not liable to any person for a cavern activity participant injury or damages arising out of a cavern activity participant injury if, at the time of the cavern activity participant injury, the warning prescribed by Section 75C.003 was posted in accordance with that section.
(b) This section does not limit liability for an injury:
(1) proximately caused by:
(A) the cavern entity's negligence with regard to the safety of the cavern area or cavern activity participant;
(B) a potentially dangerous condition at the cavern area, including inside the cavern at the cavern area, of which the cavern entity knew or reasonably should have known; or
(C) the cavern entity's failure to train or improper training of an employee of the cavern entity actively involved in the cavern area or a cavern activity; or
(2) intentionally caused by the cavern entity.
(c) A limitation on liability provided by this section to a cavern entity is in addition to other limitations of liability.

Legislative History

Added by Acts 2025, 89th Leg., R.S., Ch. 264 (H.B. 1130 ), Sec. 1, eff. May 29, 2025.