Αποτελέσματα Αναζήτησης
Merely reciting that Civil Code section 1542 is waived, or that the parties intend to waive unknown claims, is not sufficient. There must be independent evidence that the releasing party intended to release unknown claims.
(a) The owner or operator or his liability insurance carrier is entitled to an offset against any award made to the guest on a liability claim in an amount equal to the amount paid by the owner, operator, or insurance carrier for medical expenses of the guest.
Civil Code section 1542 waivers are commonly included in a myriad of transactional documents and typically coupled with “as is” provisions. In essence, absent an express waiver of Section 1542 in a contract, the releasing party does not release any unknown claims.
Browse Texas Codes | Chapter 72 - LIABILITY OF MOTOR VEHICLE OWNER OR OPERATOR for free on Casetext.
24 Ιαν 2019 · This change codifies subsequent case law which established that Section 1542 is not limited to monetary claims but also includes claims in workers compensation proceedings, personal injury cases, and employment cases.
30 Απρ 2014 · I am not aware of a specific waiver clause in Texas law. However, there is court precedent as to what does and does not constitute waiver. So, as the others have stated. It is not something you should undertake without counsel.
Texas Statutes Title 4, Liability in Tort; Chapter 72, Liability of Motor Vehicle Owner or Operator. Refreshed: 2023-07-23.
