Texas Civil Practice and Remedies Code 145.004 – Presumption of No Negligence for Persons Utilizing a Residential Delivery Company or In-Home Service Company
Terms Used In Texas Civil Practice and Remedies Code 145.004
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
A person who contracts with a residential delivery company to deliver an item or who contracts with an in-home service company to place, assemble, repair, or install an item referred to in § 145.001(1), is rebuttably presumed to have not acted negligently in doing so if:
(1) the residential delivery company or in-home service company is in compliance with § 145.003(b); or
(2) the person who contracts with the residential delivery company or in-home service company requests that the company obtain a criminal history background check described by § 145.002 on any employee of the company being sent to deliver, place, assemble, repair, or install an item and the person’s request is in writing and is delivered to the company prior to the company’s employee being sent. A copy of any such request shall be maintained for at least two years.