CHAPTER 93. ASSUMPTION OF THE RISK AND CERTAIN OTHER AFFIRMATIVE DEFENSES - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 93. ASSUMPTION OF THE RISK AND CERTAIN OTHER AFFIRMATIVE

DEFENSES

Sec. 93.001. ASSUMPTION OF THE RISK: AFFIRMATIVE DEFENSE. (a)

It is an affirmative defense to a civil action for damages for

personal injury or death that the plaintiff, at the time the

cause of action arose, was:

(1) committing a felony, for which the plaintiff has been

finally convicted, that was the sole cause of the damages

sustained by the plaintiff; or

(2) committing or attempting to commit suicide, and the

plaintiff's conduct in committing or attempting to commit suicide

was the sole cause of the damages sustained; provided, however,

if the suicide or attempted suicide was caused in whole or in

part by a failure on the part of any defendant to comply with an

applicable legal standard, then such suicide or attempted suicide

shall not be a defense.

(b) This section does not apply in any action brought by an

employee, or the surviving beneficiaries of an employee, under

the Workers' Compensation Law of Texas, or in an action against

an insurer based on a contract of insurance, a statute, or common

law.

(c) In an action to which this section applies, this section

shall prevail over any other law.

Added by Acts 1987, 70th Leg., ch. 824, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1997, 75th Leg., ch. 437, Sec. 1, eff.

Sept. 1, 1997.

Sec. 93.002. DRY FIRE HYDRANTS: AFFIRMATIVE DEFENSE. (a) It is

an affirmative defense to a civil action for damages brought

against a defendant who is an owner, lessee, or occupant of real

property who permits a fire-fighting agency to connect a dry fire

hydrant to a source of water on the property or to install a dry

fire hydrant on the property that the damages arise from:

(1) the condition or use of the dry fire hydrant;

(2) the installation or maintenance of the dry fire hydrant; or

(3) the failure of the water source to contain an adequate

supply of water during a fire.

(b) This section does not apply to:

(1) an action for damages arising from an act or omission of the

owner, lessee, or occupant of real property that is intentional,

wilfully or wantonly negligent, or done with conscious

indifference or reckless disregard for the safety of others; or

(2) an action for damages arising from a condition of the real

property on which the dry fire hydrant is located.

(c) In this section:

(1) "Dry fire hydrant" means a fire hydrant that is connected to

a stock tank, pond, or other similar source of water from which

water is pumped in case of fire.

(2) "Fire-fighting agency" means any entity that provides

fire-fighting services, including:

(A) a volunteer fire department; and

(B) a political subdivision of this state authorized to provide

fire-fighting services.

Added by Acts 1997, 75th Leg., ch. 437, Sec. 1, eff. Sept. 1,

1997.