The History of Lawsuit Reform in Texas

In America, we have developed a judicial system that strongly protects personal property rights and, for the most part, does a magnificent job of providing remedies to those who have been harmed. In essence, the American judicial system is the backbone of our economic system. Confidence in a legal system which fairly protects economic and personal rights is vital to healthy, free enterprise.

People who enter into contracts do so confident in their right to enforce that contract or seek damages. Consumers have the right to believe that the product they purchased is made suitable for its intended purpose and meets its advertised and represented claims. Those unfortunately damaged by others’ malice or negligence will justly be compensated for their injuries. Our laws fairly address the rights of those who have been wronged and protect the rights of those who have done no wrong.

Yet, no system set up by man is totally perfect, and the American legal system is in a constant state of change in an effort to seek fairness. The purpose of this paper is to address the development of those changes in Texas jurisprudence, the efforts to remedy legal inequities, and the recent legislative efforts to bring the scales of justice into balance.

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