S.B. No. 1119 introduces a new chapter, Chapter 75D, to the Civil Practice and Remedies Code, which establishes limited liability for water park entities regarding injuries sustained by participants during water park activities. The bill defines key terms such as "water park," "water park activity," "water park entity," "water park participant," and "water park participant injury." It stipulates that a water park entity is not liable for injuries if a specific warning sign is posted at the entrance of the park, informing participants of the limitations on liability as outlined in the bill.
However, the bill also specifies exceptions to this limited liability. A water park entity remains liable for injuries that are proximately caused by the entity's negligence, a known dangerous condition, improper training of employees, or intentional actions by the entity. The bill mandates that the warning sign must clearly state the limitations of liability under Texas law, ensuring that participants are adequately informed of their rights and the risks associated with water park activities. The changes in law will apply only to causes of action that accrue after the bill's effective date.
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