Texas

STATUTE OF LIMITATIONS

Personal Property: 2 Years

Personal Injury: 2 Years

Breach of Contract (Written): 4 Years

Breach of Contract (Oral): 4 Years

Statute of Repose (Real Property): 10 Years

Statute of Repose (Products): 15 Years

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Notice required within 6 months

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: YES

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: $25,000.00 plus costs and attorney’s fees

Liable when child between 10 and 18 causes intentional, willful or negligent destruction to real or personal property

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

Must be filed simultaneously with the complaint for claims against certain professionals

JOINT AND SEVERAL LIABILITY

Join and several liability for defendants who are more than 50 percent at fault and to all defendants who act with intent to harm

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Undecided

DEDUCTIBLE REIMBURSEMENT

Not required

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.