§ 75D.002.Limited Liability
Title 4. Liability in Tort · Chapter 75D. Limited Liability for Water Park and Water Park Activities · Last amended 2025 · Last verified August 29, 2026
Full Text of § 75D.002
Plain-English Summary
The protection, following the template with no additions.
A water park 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.
The four exceptions are the standard set: the entity's negligence with regard to the safety of the water park, water park activity, or water park participant; a potentially dangerous condition at the water park, 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 first exception names three things — the park, the activity, and the participant — where the cavern chapter names two and the campground chapter one. The widening tracks this chapter's wider definitions.
The training exception is significant in this setting. Water parks depend on lifeguards, and a failure to train or improperly trained employee actively involved in the park removes the protection entirely.
Note what this chapter lacks: there is no subsection making the limitation additional to other limitations of liability, which the other four 75-series chapters all contain. The omission appears to be a drafting oversight rather than a choice, since nothing in the chapter suggests the limitation is exclusive.
Frequently Asked Questions
How does a water park get liability protection in Texas?
By posting and maintaining the prescribed warning sign at or near the entrance to the water park.
What does the water park limit not cover?
Negligence regarding the safety of the park, activity, or participant; a potentially dangerous condition the entity knew or should have known of; failure to train an employee actively involved; and intentional injury.
Does a lifeguard training failure matter?
Yes. Failure to train or improper training of an employee actively involved in the park or an activity is one of the four exceptions.
Amendment History
- Added by Acts 2025, 89th Leg., R.S., Ch. 99 (S.B. 1119), Sec. 1, eff. May 21, 2025.