TEXAS REFORMS

Contributory Negligence Reform: SB 5 (1987).  Affirms the law that bars recovery of damages in negligence cases if the plaintiff is more than 50% responsible for his injuries and extends the law to include negligence cases for financial damages against professionals.  Bars recovery of damages against the manufacturer, distributor, or retailer of a product if the plaintiff is 60% or more responsible for his injuries. 

Deceptive Trade Practices Litigation Reform: Damages Limits: HB 668 (1995).  Refocuses the original law's intent to protect consumers from fraud and deceptive practices.  Limits recovery to economic damages in most cases.  Allows treble damages if the seller knew his conduct was fraudulent or deceptive.

Forum Non Conveniens Doctrine: SB 220 (1997).  Restores the common-law doctrine of forum non conveniens to allow the court to decline to exercise jurisdiction in an action or claim for personal injury or wrongful death that arose outside of the state.

Forum Non Conveniens Doctrine: SB 2 (1993).  Reinstates the forum non conveniens doctrine, which permits a court to decline to hear a case if justice would be better served by trying the case elsewhere.

Frivolous Lawsuit Sanction: SB 31 (1995).  Adopts Federal Rule of Civil Procedure 11 so that a court may impose sanctions when a groundless lawsuit is filed.

Frivolous Lawsuit Sanction: SB 5 (1987).     Allows courts to impose sanctions on attorneys and parties who file frivolous lawsuits. 

Good Samaritan Protection: SB 215 (1999).  Protects licensed health care providers who volunteer their services for or on behalf of charitable organizations from civil liability.

Good Samaritan Protection: SB 9 (1987).  Limits the liability of charitable organizations and their employees to $500,000 for each person, $1,000,000 for each occurrence of bodily harm, and $100,000 for each occurrence of property damage.  Makes volunteers immune from liability for harm resulting from the performance of their duties for a charitable organization.

Government Liability Reform: HB 383 (1995).  Provides a $100,000 limit for specified cases of governmental liability.

Government Retention of Personal Injury Lawyers: SB 113 (1999).  Requires that the state attempt to handle all litigation through in-house counsel.  Provides that when seeking outside counsel, the contracting agency must first seek an hourly fee arrangement.   Provides that contingent fee contracts in excess of $100,000 be approved by a Legislative Review Board.  Requires that at the conclusion of contingent fee representation, the state receive a statement of hours worked and total fees recovered.

Interlocutory Appeals Reform: SB 453 (1997).  Amends the Texas statute to allow an interlocutory appeal for a special appearance or a jurisdictional challenge over a unit of state or local government before the time and expense of trial have been incurred the land.

Joint and Several Liability Reform: SB 28 (1995).  Bars application of the rule of joint and several liability in the recovery of all damages from defendants found to be less than 51% at fault.

Joint and Several Liability Reform: SB 5 (1987).  Bars application of the rule of joint and several liability in the recovery of all damages from defendants found to be less than 20% at fault, except when a plaintiff is found to be fault free and a defendant’s share exceeds 10%, and when damages result from environmental pollution or hazardous waste.

Medical Liability Reform: Emergency Room Physicians and OB-GYNs: HB 18 (1989).  Indemnifies emergency room physicians and OB-GYNs for the first $100,000.

Medical Liability Reform: Jury Instruction: HB 18 (1989).  Requires that juries be instructed that a bad medical outcome does not necessarily justify a finding of negligence.

Medical Liability Reform: Pretrial Requirements: HB 971 (1995).  Requires a plaintiff to file a $5,000 cost bond (a bond given by a litigant to secure the payment of court costs), place $5,000 in an escrow account, or file an expert report for each physician or health care provider listed in the claim.  The Medical Liability and Insurance Improvement Act’s requirement that a plaintiff either file a cost bond or submit an expert report with a medical malpractice claim did not violate due process under the State or Federal Constitutions and was not a “special law” in violation of the State Constitution.  McGlothlin v. Cullington, 989 S.W.2d 449 (Tex. App. 1999), cert. denied, 120 S. Ct. 616 (1999).

Medical Liability Reform: Sound Science: HB 18 (1989).  Requires that expert witnesses be practicing physicians.

Medical Liability Reform: Volunteer Physicians: HB 18 (1989).  Indemnifies physicians with a case load of at least 10% or more charity cases that meet risk management and insurance requirements for the first $25,000.

Medical Liability Reform: Wrongful Death: Tex. Rev. Civ. Stat. art. 4590i § 11.02.  Limits damages in wrongful death actions to $500,000. The statute originally limited damages in all negligence actions, but the Texas Supreme Court held it unconstitutional except as to wrongful death actions in Rose v. Doctors Hospital, 801 S.W.2d 841 (Tex. 1990)  .

Officers and Directors Liability Reform: SB 5 (1987).  Allows shareholders of a corporation to vote to exempt their directors from personal liability.

Prejudgment Interest Reform: HB 971 (1995).  Allows prejudgment interest only for damages that occurred before judgment.

Prejudgment Interest Reform: SB 6 (1987).  Limits the period during which prejudgment interest may accrue if the defendant has made an offer to settle the lawsuit.

Product Liability Reform: SB 4 (1993).  Requires proof of an economically and technologically feasible safer alternative design available at the time of manufacture in most product liability actions for defective design.  Provides a defense for manufacturers and sellers of inherently unsafe products that are known to be unsafe.  Establishes a fifteen‑year statute of repose for product liability actions against manufacturers or sellers of manufacturing equipment.  Provides protection for innocent retailers and wholesalers.

Public Servants Liability Reform: SB 5 (1987).  Protects public servants from personal liability for harm resulting from the performance of their duties for the state.

Punitive Damages Reform: SB 25 (1995): Tex. Civ. Prac. & Rem. Code §§ 41.003, 41.008.  Limits the award of punitive damages to the greater of $200,000 or two times the award of economic damages plus non‑economic damages up to $750,000.  Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with malice, defined as the “conscious indifference to the rights, safety, or welfare of others.”  Requires the determination of awards for punitive damages to be made in a separate proceeding at the request of the defendant.

Punitive Damages Reform: SB 5 (1987).  Requires a plaintiff to show that a defendant’s actions were fraudulent, malicious, or grossly negligent.  Limits the award of punitive damages to the greater of four times the amount of actual damages or $200,000.

Sound Science Reform: HB 971 (1995).  Strengthens the qualifications for expert witness.

Venue Reform: SB 32 (1995).  Allows a plaintiff to bring a lawsuit where the injury occurred, where the defendant resides, or (if none of those apply) where the plaintiff resided when the injury or harm occurred.