Sec. 128.052. LIMITATION ON CIVIL ACTION AND RECOVERY OF DAMAGES. (a) Except as provided by Subsection (b), a civil action may not be brought against a sport shooting range, the owner or operator of a sport shooting range, or the owner of the real property on which a sport shooting range is operated for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the discharge of firearms.
(b) Nothing in this section prohibits a civil action against a sport shooting range, the owner or operator of a sport shooting range, or the owner of the real property on which a sport shooting range is operated for recovery of damages for:
(1) breach of contract for use of the real property on which a sport shooting range is located;
(2) damage or harm to private property caused by the discharge of firearms on a sport shooting range;
(3) personal injury or death caused by the discharge of a firearm on a sport shooting range; or
(4) injunctive relief to enforce a valid ordinance, statute, or regulation.
(c) Damages may be awarded, or an injunction may be obtained, in a civil action brought under this section if the claimant shows by a preponderance of the evidence, through the testimony of one or more expert witnesses, that the sport shooting range, the owner or operator of the sport shooting range, or the owner of real property on which the sport shooting range is operated deviated from the standard of care that is reasonably expected of an ordinarily prudent sport shooting range, owner or operator of a sport shooting range, or owner of real property on which a sport shooting range is operated in the same or similar circumstances.
Added by Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 4, eff. September 1, 2011.
Section: Previous 128.001 128.051 128.052Last modified: September 28, 2016