Texas Civil Practice and Remedies Code 92A.002 – Limitation of Liability
Terms Used In Texas Civil Practice and Remedies Code 92A.002
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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, by force or otherwise, enters a motor vehicle for the purpose of removing a vulnerable individual from the vehicle is immune from civil liability for damages resulting from that entry or removal if the person:
(1) determines that:
(A) the motor vehicle is locked; or
(B) there is no reasonable method for the individual to exit the motor vehicle without assistance;
(2) has a good faith and reasonable belief, based on known circumstances, that entry into the motor vehicle is necessary to avoid imminent harm to the individual;
(3) before entering the motor vehicle, ensures that law enforcement is notified or 911 is called if the person is not a law enforcement officer or other first responder;
(4) uses no more force to enter the motor vehicle and remove the individual than is necessary; and
(5) remains with the individual in a safe location that is in reasonable proximity to the motor vehicle until a law enforcement officer or other first responder arrives.