Limitaciones en la recuperación de daños en Texas

Sec. 147.122. DAMAGES NOT RECOVERABLE. (a) Subject to Section 147.121, a claimant may not recover the following damages in an action: (1) damages for mental anguish, loss of consortium, or loss of companionship; (2) exemplary or punitive damages unless the claimant proves by clear and convincing evidence that the conduct of the defendant was committed with fraud or malice; (3) additional damages under Section 17.50(b)(1), Business & Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice; or Statute text rendered on: 3/22/2024 - 704 - CIVIL PRACTICE AND REMEDIES CODE (4) consequential damages, unless they were reasonably foreseeable. (b) In this section: (1) "Fraud" means fraud other than constructive fraud. (2) "Malice" means a specific intent by the defendant to cause substantial injury to the claimant. Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.