Tort Reform: Another Victim in Arlington, Texas
Yesterday I received a call from a person regarding a tainted oyster eaten by his brother at a seafood restaurant in Arlington. The tainted oyster contained bacteria which caused this person's brother to be hospitalized with a serious medical condition. He went to Harris Hospital, where he stayed over a week until he was stabilized (and incurred over $100,000.00 in medical bills) and then transferred to John Peter Smith Hospital in Fort Worth. This man is hanging on for his life. Approximately 80% of the people who are exposed to this bacteria end up dying.
I did some quick research to try to determine what his potential cause of action would be against the restaurant for serving him a tainted oyster. Amazingly, I found out that in 2007 our Republican dominated Texas legislature and our Republican governor passed a law protecting the manufacturers and sellers of bad oysters. I couldn't believe it, tort reform had even reached out to protect the oyster lobby! This horrible law is found at Civil Practices and Remedies Code Section 82.004.
I am continually amazed at how far the tort reformers will reach to protect all business interests. If I were to ask ten people on the street if they lost a loved one due to a bacteria tainted oyster, would they think it would be right to pursue a claim against the sellers of this tainted oyster. I feel like 10 out of 10 of these people would be mad as hell and desire to bring a claim. Unfortunately, every single one of these claims would be thrown out of court due to this horrible law.
Information and commentary provided by Texas Board Certified Personal Injury Lawyer Mark A. Anderson, who can be contacted in Fort Worth, Texas at (817) 294 1900 or contacted online for a free consultation.
