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Texas has many laws that restrict or limit lawsuits against those who were best positioned to take action to prevent unnecessary deaths from the Guadalupe floods. If the law is not changed to require safety for our children, many will continue to take unreasonable risks.
Legal Doctrines That Block Lawsuits
The doctrine of ferae naturae (Latin for “wild by nature”) prevents parents from blaming others when wild animals, insects, rivers, or natural disasters injure their child. Governmental immunity limits the ability to sue the government for failing to take safety measures. Charitable immunity restricts the ability to sue a charity or church. The legal doctrine of assumption of risk prevents lawsuits over risky activities.
Signing a waiver of rights form, even for your child, almost always prevents a later lawsuit. If the waiver or user agreement has an arbitration clause, you must pay for an arbitrator or a panel of three arbitrators. In most cases, Texas law does not even require a duty to act to save a drowning child. After all, as one court reasoned, who wouldn’t save a drowning child, and we do not want to force people to become heroes.
Various caveat emptor or “buyer beware” statutes prevent buyers from suing when they purchase a defective product or service. Even if an exception to these laws could be made to hold responsible parties accountable, 35 years of tort “reform” have limited the amount a jury can award for the loss of a child, anguish, and punitive damages, sometimes making a child’s death almost worthless in the eyes of Texas law.
Camps, Rivers, and Lack of Accountability
When parents pay for their children to spend time at a camp near a river, and the cabins are very close to that river, it is important to remember that the law states the river is a natural feature that no one owns or is responsible for controlling.
When the government knows a storm is coming but does not issue a warning, when a church or charity does not stay alert during the storm to ensure the kids’ safety, and when cell phones that could warn of flooding are taken away from campers and counselors, current Texas law does not require any different action.
When sirens are considered too expensive to purchase by political leaders, when parents who are hundreds of miles away assume all the risks, and when parents sign a waiver and arbitration agreement that no one reads before dropping off their kids, under Texas law, no one can be held legally responsible for the children’s deaths.
The Role of Tort Reform and Insurance Lobbying
These legal principles, grounded in pro-business, pro-insurance, ‘live free or die’ and rugged individualism theories are enforced under Texas law without mercy. The legislature and the Texas Supreme Court, with the help of a well-funded insurance lobby, carefully draft and craft statutes and judicial opinions to limit the individual’s right to sue.
While many see this as beneficial, they often do not realize these laws also apply when their own children are injured.
A Call to Protect Children, Not Institutions
If we truly value rugged individualism, then we should ensure our children get a fair fight in court when injured or killed, rather than allowing adults to hide behind the law. If we value our children, we need to change the law to eliminate protections for adults responsible for our children’s injuries.
Speak With a Personal Injury Lawyer at the Kuzmich Law Firm, P.C., Today
Seeking justice for a personal injury claim can be overwhelming, but you do not have to face it alone. Board-certified attorney Steve Kuzmich has 28 years of legal expertise in advocating for victims and skillfully handling the complexities of personal injury claims to alleviate your burdens. He understands the financial pressures that arise from such incidents and tirelessly works to secure the compensation you deserve.
At Kuzmich Law Firm, P.C., our dedicated team not only guides you through the legal process but also ensures that every aspect of your case is meticulously addressed, from gathering evidence to negotiating settlements. By handling the legal load, we enable you to focus on healing and recovery. Schedule a complimentary consultation today by calling (972) 434-1555.