When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.
Tex. Civ. Prac. & Rem. Code § 71.009
EXEMPLARY DAMAGES
Applied in 7 court decisions — leading case Continental Coffee Products Co. v. Cazarez (1997)
Most recently applied in Wackenhut Corrections Corp. v. De La Rosa (April 2009)
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.