What qualifies as a legal disability under Texas law?

A person is considered legally disabled under Texas Civil Practice & Remedies Code § 16.001 if they are under 18 years of age or of unsound mind at the time the cause of action accrues.

Does tolling under § 16.001 apply to wrongful death cases?

It may apply, but only if the plaintiff—not the decedent—was under a legal disability when the cause of action accrued.

Does the tolling clock restart if the plaintiff later becomes incapacitated?

No. The disability must exist at the time the cause of action begins. Later incapacity does not toll or reset the limitations period under § 16.001.

Can a parent file for a minor during the tolling period?

Yes. A parent or guardian may bring a claim on behalf of a minor at any time, but doing so does not waive the minor’s own right to sue once they reach the age of majority.

Texas Civil Practice & Remedies Code § 33.003 – Determination of Responsibility

Statutory Text:

“The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility with respect to each person found to have caused or contributed to causing the harm, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these.”

What Is Texas’s Fault Apportionment Law?

Section 33.003 directs the jury or court to determine what percentage of fault each responsible party bears for causing harm in a civil case. This includes:

Plaintiffs
Defendants
Third parties
Even people or entities who are not parties to the lawsuit

The result determines how damages are distributed or reduced under Texas’s modified comparative fault system.

What Does “Percentage of Responsibility” Mean?

The law requires assigning a numerical percentage of fault (totaling 100%) to all responsible persons or entities. This percentage directly impacts:

How much a defendant must pay
Whether a plaintiff can recover damages at all (per § 33.001’s 51% bar)

Example Scenario

In a three-car collision:

Driver A is found 50% at fault
Driver B is found 30% at fault
Driver C (the plaintiff) is found 20% at fault

Under § 33.003, the jury assigns these percentages. Then under § 33.001, Driver C (the plaintiff) can recover damages reduced by 20%, since they are under the 51% threshold.

How Texas Courts Use § 33.003 in Practice

Applies to personal injury, wrongful death, medical malpractice, and negligence-based claims
Tolling is automatic when proven, but the burden is on the plaintiff to establish their disability existed at the time the cause of action accrued
Does not apply to business entities or to parents filing on behalf of minors (only to the minor’s own right to sue)

When Is § 33.003 Used?

This statute is commonly applied in:

Personal injury lawsuits (e.g., car accidents, premises liability)
Product liability and defective product claims
Medical malpractice or multi-party tort cases
Construction or commercial accident disputes

Related Statutes

§ 33.001 – Comparative Responsibility Rule
§ 33.013 – Several Liability
§ 33.015 – Contribution Among Tortfeasors

Texas Case Law Interpreting § 33.003

Cargill, Inc. v. Wolf, 908 S.W.2d 442 (Tex. App.—Dallas 1995, writ denied)

Court ruled that even settling parties and non-parties must be included in the jury’s apportionment under § 33.003 if they contributed to the harm.