Texas Civil Practice and Remedies Code 72.053 – Failure to Comply With Regulations or Standards
(a) In this section, “regulation or standard” includes a statute, regulation, rule, or order regulating equipment or conduct adopted or promulgated by the federal government, a state government, a local government, or a governmental agency or authority.
(b) In a civil action under this subchapter, evidence of a defendant‘s failure to comply with a regulation or standard is admissible in the first phase of a trial bifurcated under § 72.052 only if, in addition to complying with other requirements of law:
(1) the evidence tends to prove that failure to comply with the regulation or standard was a proximate cause of the bodily injury or death for which damages are sought in the action; and
(2) the regulation or standard is specific and governs, or is an element of a duty of care applicable to, the defendant, the defendant’s employee, or the defendant’s property or equipment when any of those is at issue in the action.
Terms Used In Texas Civil Practice and Remedies Code 72.053
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) Nothing in this section prevents a claimant from pursuing a claim for exemplary damages under Chapter 41 relating to the defendant’s failure to comply with other applicable regulations or standards, or from presenting evidence on that claim in the second phase of a bifurcated trial.