Relating to certain actions for personal injury that arise out of a sexual offense against a child or disabled individual and are brought against a non-perpetrator of the offense.
The bill modifies existing laws by adding a new Chapter 81B to the Civil Practice and Remedies Code, which establishes clear guidelines for determining liability in cases involving non-perpetrators. One of the significant outcomes of this legislation is the extension of the time period in which claims can be filed, allowing victims to sue for personal injury up to 30 years after the incident occurs, provided that certain criteria are met. This aspect of the bill is intended to provide more opportunities for victims to seek justice and pursue compensation.
House Bill 5074 aims to establish new legal provisions relating to personal injury actions stemming from sexual offenses against children or disabled individuals. The bill specifically addresses situations where the perpetrator of the offense is not the subject of the lawsuit, targeting entities like businesses or organizations that have a safe environment program in place. This means that if such an offense occurs while an individual is under the care of these entities, they may be held liable under defined conditions.
There are notable points of contention surrounding HB 5074, especially regarding its implications on liability limits and the operations of organizations that might be targeted. While advocates argue that the bill enhances the protection for vulnerable populations, detractors express concerns about potential abuse of the legal system. The bill sets specific liability limits for defendants, capping damages at $250,000 for each occurrence and $1 million per claimant, which may spark debate regarding the adequacy of these limits in addressing the trauma experienced by victims.