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Tex. Civ. Prac. & Rem. Code § 95.003

LIABILITY FOR ACTS OF INDEPENDENT CONTRACTORS

Applied in 44 court decisions — leading case Arsement v. Spinnaker Exploration Co. (2005)

Most recently applied in George v. SI Grp (June 2022)

Added by Acts 1995, 74th Leg., ch. 136, Sec. 2, eff

How often courts cite this section

200020102020202260
citing decisions per year

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.

A property owner is not liable for personal injury, death, or property damage to a contractor, subcontractor, or an employee of a contractor or subcontractor who constructs, repairs, renovates, or modifies an improvement to real property, including personal injury, death, or property damage arising from the failure to provide a safe workplace unless:

(1) the property owner exercises or retains some control over the manner in which the work is performed, other than the right to order the work to start or stop or to inspect progress or receive reports; and

(2) the property owner had actual knowledge of the danger or condition resulting in the personal injury, death, or property damage and failed to adequately warn.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.