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Texas

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 5

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products 15 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 4 years
Personal Property 2 years
Personal Injury 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Pro Rata State
Tex. Ins. Code § 2053.203, Tex. Ins. Code § 2053.204, Tex. Ins. Code § 542.204
 


Garnishment

NO *
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Wages cannot be attached or garnished, except for child support; Bank accounts, rents and royalties can be garnished; Exemptions include social security benefits; Note: For individuals living in Texas who are paid from an out of state location, there is case law to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully
 


Parental Responsibility

Minor under 18, but at least 10
Dollar Limit on Parents’ Liability: If child’s conduct is willful or malicious, then $25,000 cap applies. Successful plaintiff also entitled to costs and reasonable attorney’s fees
Liability imposed for child’s negligent, willful, or malicious acts that causes property damage
 


Subrogation by Landlord's Carrier against Tenant

No, unless lease clearly states that subrogation is allowed, then you may be able to subrogate

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