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§ 75C.002.Limited Liability

Title 4. Liability in Tort · Chapter 75C. Limited Liability for Cavern Activities · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 75C.002 shields a cavern entity that posted the sign, subject to four exceptions including a potentially dangerous condition inside the cavern.

Full Text of § 75C.002

Text sizeJump to: (a) (b) (c)

(a)Except as provided by Subsection (b), a cavern entity is not liable to any person for a cavern activity participant injury or damages arising out of a cavern activity participant injury if, at the time of the cavern activity participant injury, the warning prescribed by Section 75C.003 was posted in accordance with that section.
(b)This section does not limit liability for an injury:
(1)proximately caused by:
(A)the cavern entity's negligence with regard to the safety of the cavern area or cavern activity participant;
(B)a potentially dangerous condition at the cavern area, including inside the cavern at the cavern area, of which the cavern entity knew or reasonably should have known; or
(C)the cavern entity's failure to train or improper training of an employee of the cavern entity actively involved in the cavern area or a cavern activity; or
(2)intentionally caused by the cavern entity.
(c)A limitation on liability provided by this section to a cavern entity is in addition to other limitations of liability.
End

Plain-English Summary

The protection, following the campground template with one addition.

A cavern entity is not liable for a participant injury if, at the time of the injury, the prescribed warning was posted in accordance with the posted-warning section.

Note the timing reference. This chapter measures at the time of the injury; the campground chapter measures at the time of the activity from which the injury arises. The difference is unlikely to matter often.

The four exceptions track the campground chapter: the entity's negligence with regard to the safety of the cavern area or participant; a potentially dangerous condition at the cavern area, including inside the cavern, of which the entity knew or reasonably should have known; failure to train or improper training of an employee actively involved; and injury intentionally caused.

The phrase "including inside the cavern at the cavern area" is the addition, and it forecloses an argument the setting invites — that conditions inside a natural cave are not conditions "at" the property, or are inherent rather than known hazards.

They are covered, and an operator that knows of a loose ceiling, a flooded passage, or a drop is outside the protection.

Subsection (c) makes the limitation additional to other limitations of liability.

Frequently Asked Questions

How does a show cave get liability protection in Texas?

By posting and maintaining the prescribed warning sign at each entrance to a cavern at the cavern area.

Are conditions inside the cave covered by the exceptions?

Yes. The exception expressly reaches a potentially dangerous condition at the cavern area, including inside the cavern, that the entity knew or should have known of.

What else is not protected?

Negligence regarding the safety of the cavern area or participant, failure to train an employee actively involved, and intentional injury.

Amendment History

  • Added by Acts 2025, 89th Leg., R.S., Ch. 264 (H.B. 1130), Sec. 1, eff. May 29, 2025.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source