Texas Civil Practice & Remedies Code - Section 41.003. Standards For Recovery Of Exemplary Damages
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§ 41.003. STANDARDS FOR RECOVERY OF EXEMPLARY
DAMAGES. (a) Except as provided by Subsection (c), exemplary
damages may be awarded only if the claimant proves by clear and
convincing evidence that the harm with respect to which the
claimant seeks recovery of exemplary damages results from:
(1) fraud;
(2) malice; or
(3) gross negligence.
(b) The claimant must prove by clear and convincing evidence
the elements of exemplary damages as provided by this section. This
burden of proof may not be shifted to the defendant or satisfied by
evidence of ordinary negligence, bad faith, or a deceptive trade
practice.
(c) If the claimant relies on a statute establishing a cause
of action and authorizing exemplary damages in specified
circumstances or in conjunction with a specified culpable mental
state, exemplary damages may be awarded only if the claimant proves
by clear and convincing evidence that the damages result from the
specified circumstances or culpable mental state.
(d) Exemplary damages may be awarded only if the jury was
unanimous in regard to finding liability for and the amount of
exemplary damages.
(e) In all cases where the issue of exemplary damages is
submitted to the jury, the following instruction shall be included
in the charge of the court:
"You are instructed that, in order for you to find exemplary
damages, your answer to the question regarding the amount of such
damages must be unanimous."
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, § 2.12, eff.
Sept. 2, 1987. Amended by Acts 1995, 74th Leg., ch. 19, § 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 204, § 13.04, eff.
Sept. 1, 2003.
Section: 38.005 38.006 39.001 39.002 40.001 41.001 41.002 41.003 41.004 41.005 41.006 41.007 41.008 41.009 41.010
Last modified: August 11, 2007
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