Texas Civil Practice and Remedies Code
Sec. § 71.002
Cause of Action


(a)

An action for actual damages arising from an injury that causes an individuals death may be brought if liability exists under this section.

(b)

A person is liable for damages arising from an injury that causes an individuals death if the injury was caused by the persons or his agents or servants wrongful act, neglect, carelessness, unskillfulness, or default.

(c)

A person is liable for damages arising from an injury that causes an individuals death if:

(1)

the person is a proprietor, owner, charterer, or hirer of an industrial or public utility plant or of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers; and

(2)

the injury was caused by the persons or his agents or servants wrongful act, neglect, carelessness, unskillfulness, or default.

(d)

A person is liable for damages arising from an injury that causes an individuals death if:

(1)

the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery; and

(2)

the injury was caused by:

(A)

the persons wrongful act, neglect, carelessness, unskillfulness, or default;

(B)

the persons servants or agents wrongful act, neglect, carelessness, unfitness, unskillfulness, or default; or

(C)

a bad or unsafe condition of the railroad, street railway, or other machinery under the persons control or operation.

(e)

A person is liable for damages arising from an injury that causes an individuals death if:

(1)

the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery; and

(2)

the action could have been brought against the owner of the railroad, street railway, or other machinery if he had been acting as operator.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source
Last accessed
Jul. 20, 2019