Texas-Book-Gun Law Armed And Educated - Flipbook - Page 417
evidence,” which is higher than a “preponderance of the
evidence.” Punitive damages are also only available in cases
of intentional or reckless conduct, or gross negligence.)
PRACTICAL LEGAL TIP
A court can find the defendant 100% at fault, but award no damages
because the plaintiff failed to prove damages by a preponderance
of the evidence. For example, a plaintiff who seeks reimbursement
for medical expenses but has no evidence that they ever went
to a doctor or hospital, will very unlikely be able to recover for
medical expenses.
Most people don’t know that civil courts
in Texas have no independent means of
sifting through the thousands of lawsuits
filed every year to determine which are
frivolous and which are meritorious and
should go forward. The civil justice system
is “user driven,” meaning that unless
one side or the other asks the judge to
rule on a particular issue (usually called
a “motion”), no one at the courthouse,
including the judge, is going to take
any action to examine the merit, or lack
thereof, of a lawsuit. —Kirk
IV. HOW GOOD ARE TEXAS CIVIL IMMUNITY LAWS FOR GUN
OWNERS?
A. No immunity from lawsuits
There is a common misconception that there exists a law stating if
you are legally justified in using your gun, you can’t be sued.
406 | CHAPTER SIXTEEN
