Today, Texas operates under an antiquated public nuisance doctrine, tracing its roots to 12th-century England. Some personal injury lawyers have used this outdated law to increase monetary settlements and impose policy objectives through courts, not legislatures.
Thankfully, House Bill 1372 and Senate Bill 1034 will address this obscure yet costly provision in our law, helping to ensure our courts are used for justice, not greed. These bills specify that lawful actions and products cannot be declared a nuisance to the public at large. This change is sensible and appropriate as it would not apply to private nuisance lawsuits involving private property owners or common nuisance lawsuits. Nor would it impact private lawsuits against defective products.
We urge our state lawmakers to support this legislation and help strengthen our civil justice system.
Robert Wood
Texans Against Lawsuit Abuse