Texas Health and Safety Code 481.1131 – Cause of Action for Sale or Provision of Synthetic Cannabinoid
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(a) In this section, “synthetic cannabinoid” means a substance included in Penalty Group 2-A under § 481.1031.
(b) This section does not affect the right of a person to bring a common law cause of action against an individual whose consumption or ingestion of a synthetic cannabinoid resulted in causing the person bringing the suit to suffer personal injury or property damage.
Terms Used In Texas Health and Safety Code 481.1131
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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
- Property: means real and personal property. See Texas Government Code 311.005
(c) Providing, selling, or serving a synthetic cannabinoid may be made the basis of a statutory cause of action under this section on proof that the intoxication of the recipient of the synthetic cannabinoid was a proximate cause of the damages suffered.
(d) The liability provided under this section for the actions of a retail establishment’s employees, customers, members, or guests who are or become intoxicated by the consumption or ingestion of a synthetic cannabinoid is in lieu of common law or other statutory law warranties and duties of retail establishments.
(e) This chapter does not impose obligations on a retail establishment other than those expressly stated in this section.