2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 95. PROPERTY OWNER'S LIABILITY FOR ACTS OF INDEPENDENT CONTRACTORS AND AMOUNT OF RECOVERY  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 95. PROPERTY OWNER'S LIABILITY FOR ACTS OF INDEPENDENT

CONTRACTORS AND AMOUNT OF RECOVERY

Sec. 95.001. DEFINITIONS. In this chapter:

(1) "Claim" means a claim for damages caused by negligence,

including a counterclaim, cross-claim, or third party claim.

(2) "Claimant" means a party making a claim subject to this

chapter.

(3) "Property owner" means a person or entity that owns real

property primarily used for commercial or business purposes.

Added by Acts 1995, 74th Leg., ch. 136, Sec. 2, eff. Sept. 1,

1996.

Sec. 95.002. APPLICABILITY. This chapter applies only to a

claim:

(1) against a property owner, contractor, or subcontractor for

personal injury, death, or property damage to an owner, a

contractor, or a subcontractor or an employee of a contractor or

subcontractor; and

(2) that arises from the condition or use of an improvement to

real property where the contractor or subcontractor constructs,

repairs, renovates, or modifies the improvement.

Added by Acts 1995, 74th Leg., ch. 136, Sec. 2, eff. Sept. 1,

1996.

Sec. 95.003. LIABILITY FOR ACTS OF INDEPENDENT CONTRACTORS. A

property owner is not liable for personal injury, death, or

property damage to a contractor, subcontractor, or an employee of

a contractor or subcontractor who constructs, repairs, renovates,

or modifies an improvement to real property, including personal

injury, death, or property damage arising from the failure to

provide a safe workplace unless:

(1) the property owner exercises or retains some control over

the manner in which the work is performed, other than the right

to order the work to start or stop or to inspect progress or

receive reports; and

(2) the property owner had actual knowledge of the danger or

condition resulting in the personal injury, death, or property

damage and failed to adequately warn.

Added by Acts 1995, 74th Leg., ch. 136, Sec. 2, eff. Sept. 1,

1996.

Sec. 95.004. EVIDENCE ADMISSIBLE. In the trial of a case

against a contractor, subcontractor, or property owner for

personal injury, property damage, or death to a contractor, a

subcontractor, or an employee of a contractor or subcontractor

that arises from the condition or use of an improvement to real

property where the contractor or subcontractor constructs,

repairs, renovates, or modifies the improvement, the trial judge,

outside the presence of the jury, shall receive evidence of

workers' compensation benefits paid and shall deduct the amount

of the benefits from the damages awarded by the trier of fact.

The deduction for workers' compensation benefits does not apply

unless the workers' compensation carrier's subrogation rights

have been waived.

Added by Acts 1995, 74th Leg., ch. 136, Sec. 2, eff. Sept. 1,

1996.

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