It is not, and never has been, the role of juries to create law. Juries decide fact questions within the context of existing law. Judges cannot give instructions to juries if the legislature has not defined the law. Our current high court has not seen fit to hold defendants responsible for dollar damages when their conduct was within the law.

If we, as a society, think our liability laws should be expanded, then we should call on our legislators to do so. However, it is misguided criticism to expect judges and juries to assume a legislative role that was never theirs.

Jon Opelt, Executive Director
Citizens Against Lawsuit Abuse/Houston