Legal Question in Civil Litigation in Texas

Re: posted sign stating ;not responsible for accidents

The Texas Supreme Court has adopted what is called the "express negligence rule". This rule holds that a party cannot by agrement exonerate itself from its own negligence UNLESS the agreement expressly states that it will not be liable for damages caused by its own negligence. See Littlefield v. Schaefer, 955 S.W.2d 272 (Tex. 1997). If the sign is considered an agreement (by reason of your decision to go through the gate), it does not appear to comply with the rule, and the apartment complex cannot absolve itself of its own negligence by reason of the sign. You still will have to prove the the apartment complex was negligent.

On the other hand, the Supreme Court could shift gears on this issue, depending upon which direction the wind is blowing and the general political atmosphere on any particular day