In a new move, the Texas Supreme court ruled that in personal injury and wrongful death suits defendants can no longer use the unlawful acts doctrine as a complete bar against plaintiff’s recovery. The Texas Supreme Court found that the common law unlawful acts doctrine conflicts with the statutory proportionate – responsibility scheme.
Previously, a defendant could use the affirmative defense of the unlawful acts doctrine to completely bar a plaintiff from recovering damages in personal injury and wrongful death suits. With this ruling, defendants will no longer be able use it as a complete bar and instead it will be evaluated in regard to the defendant’s and plaintiff’s proportionate responsibility of the incident. This should come as a good sign to plaintiffs as defendants will no longer be able to use this as an absolute defense. This historic ruling was made in the case of Dugger v. Arredondo a few days ago.
Benny Agosto, Jr. is a partner at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, Texas. For over 65 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation their clients. For more information, please contact the office of Benny Agosto, Jr. at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, by letter at 800 Commerce Street, Houston, Texas 77002, or by phone at 713-396-3964.