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Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 5

Med Pay Subrogation - Yes

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products 15 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 4 years
Personal Property 2 years
Personal Injury 2 years
Warranty 4 years


Sue Owner for Negligence - NO

Suspend Owner's License - NO

Deductible Reimbursement

Pro Rata State
Tex. Ins. Code § 2053.203, Tex. Ins. Code § 2053.204, Tex. Ins. Code § 542.204


NO *
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Wages cannot be attached or garnished, except for child support; Bank accounts, rents and royalties can be garnished; Exemptions include social security benefits; Note: For individuals living in Texas who are paid from an out of state location, there is case law to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully

Parental Responsibility

Minor under 18, but at least 10
Dollar Limit on Parents’ Liability: If child’s conduct is willful or malicious, then $25,000 cap applies. Successful plaintiff also entitled to costs and reasonable attorney’s fees
Liability imposed for child’s negligent, willful, or malicious acts that causes property damage

Subrogation by Landlord's Carrier against Tenant

No, unless lease clearly states that subrogation is allowed, then you may be able to subrogate

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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