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Good Samaritan Law in Texas
Immunity is provided to government agencies and many charities under
good samaritan laws in Texas. Individuals however remain liable for
negligent acts committed while assisting some in need. Liability lies in
tort, based on negligence, gross recklessness, wanton disregard, strict
liability, or intentional conduct that causes harm to another. Once
liability is established, individuals become responsible for the payment
of civil damages.
Discharging liability under the good samaritan law in Texas
In every bankruptcy case, all debts and claims must be disclosed to
the court. Contingent claims, unasserted causes of action, and disputed
claims must be included to discharge potential future liability.
Inclusion requires actual notice to all potential judgment creditors,
whether or not the claim has been asserted, as a condition of
discharging liability.
The Secretary of State for the State of Texas provides corporate information via telephone. This information includes the name, address and contact information for the corporate representative, as well as the date of original incorporation and whether the entity remains active. All bankruptcy cases require a list of creditors, and if the address included within the list of creditors is incorrect, and notice of filing is not delivered, subsequent actions taken by the Bankruptcy Court are ineffective against that creditor. Failure to provide notice is one of the damaging and easily preventable errors made by debtors.
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