Texas Bankruptcy
Laws & Lawyers
Texas Bankruptcy Law, Courts & Lawyer Tips
Understanding the Good Samaritan Law in Texas for individual liability in Bankruptcy Cases
 

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.