(a) Unless otherwise provided by this code or other law:
(1) the duties and liabilities of a carrier in this state and the remedies against the carrier are the same as prescribed by the common law; and
(2) a carrier for hire may not limit its common-law liability, unless the limitation is in conspicuous writing in a written arrangement for transportation, including a bill of lading or contract for transportation.
(b) This chapter does not prohibit a carrier from requiring notice to be given under Section 16.071, Civil Practice and Remedies Code.

Terms Used In Texas Transportation Code 5.001

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005