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Texas Transportation Code - Section 68.083. Pilot Liability Limited

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 68.083. Pilot Liability Limited

§ 68.083. PILOT LIABILITY LIMITED.  (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.
	(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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

Last modified: August 10, 2007