Vehicle owners not required to prove towing company negligence in Texas

Question

Chapter 2308 of Title 14 of the Texas Occupations Code deals with towing and booting by towing companies.

Section 2308.404(a)(2) reads "A towing company, booting company, or parking facility owner who violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for ... towing, storage, or booting fees in connection with the vehicle's removal, storage or booting of the vehicle ..."

But then 2308.404(b) reads "A vehicle's owner or operator is not required to prove negligence of a parking facility owner, towing company, or booting company to recover under Subsection (a)."

What does this mean? If, for example, the owner claims that the towing company failed to observe the requirement that a towing company not tow a vehicle from a facility that fails to display proper signage (2308.301), is the burden of proof on the towing company and not the owner?

Answer 1

What does this mean?

It means that proof of a violation of the statute is sufficient even if it wouldn't support a common law claim for negligence.

If, for example, the owner claims that the towing company failed to observe the requirement that a towing company not tow a vehicle from a facility that fails to display proper signage (2308.301), is the burden of proof on the towing company and not the owner?

It does not shift the burden of proof. It changes what has to be proved. The owner can prove a violation of the statute rather than proving negligence. But the burden of proof remains on the owner.