Personal Injury Law Library
Ten Year Study By Court Watch Finds Texas Supreme Court Favors Corporations Over Consumers
Court Watch reviewed the 624 cases involving consumers decided by the Texas Supreme Court between 2000 and 2010. The report, “Thumbs on the Scale: A Retrospective of the Texas Supreme Court, 2000-2010,” finds that the state’s high court for civil matters “has marched in lock-step to consistently and overwhelmingly to reward corporate defendants and the government at the expense of Texas families.”
“The Texas Supreme Court is an activist, results-oriented body that over the last 10 years has developed into a safe haven for corporate defendants at the expense of individuals, families, and small business owners,” said Alex Winslow, director of Court Watch. “The statistics speak for themselves. The court’s pro-defendant ideology can not be disputed.”
Among the report’s findings are:
- Corporate and government defendants prevail in an average of 74% of cases annually.
- Consumers have lost 79% of cases in which they were pitted against a corporate or government defendant.
These findings lead Court Watch to conclude: “The Texas Supreme Court has become a reliable friend to those who seek to escape the consequences of their actions; its justices are the ultimate guardians for the moneyed and powerful who wish to shirk responsibility.”
The report focuses on the decade beginning in 2000 because it reflects a paradigm shift. In 2000, Rick Perry became governor. His appointees to the Court have taken it in a decidedly activist and ideological turn.
- Justices appointed to the Court by Governor Rick Perry have sided with consumers an average of just 29% of the time.
Despite a constitutional provision limiting its jurisdiction to questions of law – not fact – the Court has routinely overturned decisions made by local juries. Even Chief Justice Wallace Jefferson admonished the Court in a 2004 dissenting opinion, writing: “This Court is constitutionally bound to conduct only a legal – not factual – sufficiency review.”
- The Texas Supreme Court has overturned local jury decisions in consumer cases an average of 74% of the time since 2004.
You Must Show that a Personal Injury Was Not Your Own Fault
In the state of Texas, people are seriously injured every day—but only a small percentage of these injuries wind up being litigated in court. Most of the time, the victim has been hurt due to his own carelessness (not paying attention to a red light, for example), or he was as much at fault for the accident as the other party involved. The most promising personal injury lawsuits are those in which you can show that you were entirely blameless for your injuries, and the accident would not have occurred but for the negligence or recklessness of the other party.
Does Your Injury Rise to the Standard of a Potential Lawsuit?
There are a variety of circumstances that can cause your personal injury lawsuit to run out of steam before it even begins. For example:
- Were you drunk or on drugs at the time of the accident? If so that will raise serious doubts about your own negligence.
- If you were injured on another person's property, were you on that property legally? Did you behave in a reckless way that no conscientious home or building owner could have anticipated?
- If you were involved in a vehicle accident, were you speeding or weaving in and out of traffic at the time? Will other motorists (or passengers) be able to testify to your negligent behavior?
- Did you genuinely sustain a serious injury in the accident, or are you trying to trump up the damages so you can get a big payoff in court?
- Was the accident just that—an accident? Sometimes, it's impossible to hold a specific party to blame for what can be ascribed to an “act of God.”
If you answer all these questions truthfully, and still feel that you were blameless in the accident that precipitated your injuries, you may have a viable lawsuit.
Call Charles Dunn Today to Find Out Whether You Have a Winnable Personal Injury Case
Lubbock attorney Charles Dunn has over three decades of experience litigating personal injury lawsuits in Texas, and he will quickly be able to ascertain whether or not you have a reasonable chance of collecting a judgment.
Questions? Call Charles today at 806-763-1944 to get the process started!