Although the Texas Supreme Court has yet to decide a case interpreting the scope of applicability of Texas Civil Practice & Remedies Code Chapter 95, most intermediate appellate courts have interpreted Chapter 95′s scope of protection broadly.
When applicable, Chapter 95 abrogates common law negligence claims and is the contractor’s exclusive remedy. It imposes heightened proof requirements for liability to attach, including the property owner’s right to control the contractor’s work, actual knowledge of the dangerous condition and a failure to warn of the danger.
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