Texas Civil Practice & Remedies Code - Section 41.005. Harm Resulting From Criminal Act
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Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 41.005. Harm Resulting From Criminal Act
§ 41.005. HARM RESULTING FROM CRIMINAL ACT. (a) In an
action arising from harm resulting from an assault, theft, or other
criminal act, a court may not award exemplary damages against a
defendant because of the criminal act of another.
(b) The exemption provided by Subsection (a) does not apply
if:
(1) the criminal act was committed by an employee of
the defendant;
(2) the defendant is criminally responsible as a party
to the criminal act under the provisions of Chapter 7, Penal Code;
(3) the criminal act occurred at a location where, at
the time of the criminal act, the defendant was maintaining a common
nuisance under the provisions of Chapter 125, Civil Practice and
Remedies Code, and had not made reasonable attempts to abate the
nuisance; or
(4) the criminal act resulted from the defendant's
intentional or knowing violation of a statutory duty under
Subchapter D, Chapter 92, Property Code, and the criminal act
occurred after the statutory deadline for compliance with that
duty.
(c) In an action arising out of a criminal act committed by
an employee, the employer may be liable for punitive damages but
only if:
(1) the principal authorized the doing and the manner
of the act;
(2) the agent was unfit and the principal acted with
malice in employing or retaining him;
(3) the agent was employed in a managerial capacity
and was acting in the scope of employment; or
(4) the employer or a manager of the employer ratified
or approved the act.
Amended by Acts 1995, 74th Leg., ch. 19, § 1, eff. Sept. 1, 1995.
Section: 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 41.0105 41.011
Last modified: August 11, 2007
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