Relating to recovery of loss of consortium damages by a parent for injury to a child as a result of certain crimes against the child.
Impact
The implementation of HB 514 provides a clearer pathway for parents seeking legal recourse when their child suffers from crimes that result in severe emotional and psychological injuries. It highlights the legislative intent to support families dealing with the aftermath of such trauma, granting them the opportunity to financially mitigate the consequences through legal channels. This legislation could lead to an increase in civil claims related to child injuries stemming from criminal activity, thus potentially altering the landscape of liability in cases involving child victims.
Summary
House Bill 514 introduces a legislative amendment to the Civil Practice and Remedies Code in Texas, specifically establishing a legal framework for parents to recover loss of consortium damages when their child is injured as a result of certain crimes. This bill specifically identifies various crimes in the Penal Code, including kidnapping, aggravated assault, and injuries to a child, which can trigger such a cause of action. The process enables parents to seek damages not only for the direct harm to the child but also for the emotional and relational impact the injury causes them as caregivers.
Contention
Some points of contention surrounding HB 514 may arise regarding the definition of 'loss of consortium' and what constitutes a recoverable damage within this context. Critics may question whether it adequately addresses different scenarios of child injury, particularly in cases where the trauma is not directly linked to recognized crimes. Furthermore, there may be discussions about the financial implications for defendants found liable under these statutes, as the bill could open new avenues for civil litigation that may burden the judicial system or financially strain those deemed responsible.
Relating to certain suits for personal injury that arise as a result of conduct that violates certain Penal Code provisions concerning sexual offenses against a child but that are filed against certain persons who did not commit the conduct that violated those Penal Code provisions.
Relating to certain suits for personal injury that arise as a result of conduct that violates certain Penal Code provisions concerning sexual offenses against a child but that are filed against certain persons who did not commit the conduct that violated those Penal Code provisions.
Relating to foreign terrorist organizations, including the acquisition of title to real property by, the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization.
Relating to foreign terrorist organizations, including the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization and of sedition.
Relating to professional liability insurance coverage for and prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria and to the abuse of a child.