Texas House Bill HB514

Texas 2009 - 81st Regular

Caption

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.