Texas Transportation Code 68.083 – Pilot Liability Limited
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(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot’s error, omission, fault, or neglect in the performance of the pilot services, except as provided by Subsection (b).
(b) Subsection (a) does not apply to:
(1) damage or loss that arises because of the wilful misconduct or gross negligence of the pilot;
(2) liability for exemplary damages for gross negligence of the pilot and for which no other person is jointly or severally liable; or
(3) an act or omission relating to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of pilots.
Terms Used In Texas Transportation Code 68.083
- 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
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Property: means real and personal property. See Texas Government Code 311.005
(c) This section does not exempt a vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that:
(1) the vessel was piloted by a pilot; or
(2) the damage or loss was caused by the error, omission, fault, or neglect of a pilot.
(d) In an action brought against a pilot for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the pilot to the extent the pleadings allege pilot liability that exceeds $1,000.