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§ 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

In one sentenceSection 75D.002 shields a water park entity that posted the sign, subject to four exceptions.

Full Text of § 75D.002

Text sizeJump to: (a) (b)

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

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.
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