(a) Except for actions against an operator for gross negligence, malice, or intentional conduct, an operator is not liable in negligence for damages for personal injury, property damage, or death unless the personal injury, property damage, or death is caused by a breach of a duty prescribed in § 760.002.
(b) Chapter 33, Civil Practice and Remedies Code, applies to an action brought against an operator.

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Terms Used In Texas Health and Safety Code 760.006

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Property: means real and personal property. See Texas Government Code 311.005