By: John Cobarruvias

The tort reform movement, which originated in Texas under then Governor George W. Bush, has resulted in loss of our access to hold corporations accountable and is now being touted by "The Reformer with Results", as the solution to the insurance crisis and medical malpractice across the United States. The history and damage of tort reform, in Bush's home state of Texas should be enough to convince Americans that we are being lied to. Again.

Over the last decade Texas tort reform groups have relied on highly visible awards to bolster the continued need for lawsuit reform. They fail to note twelve jurors in a civil trial, once guaranteed by the 7th Amendment to the Constitution, granted the awards. And the awards are rendered only after both sides have presented their facts to the jury and judge.

Armed with these half facts, lawsuit abuse frenzy is easy to create, easy to sustain, and easy to market to the average consumer. It is also easy to blame the "greedy trial lawyers". This frenzy has resulted in bills limiting the rights of consumers who seek recourse and have provided ample protection for irresponsible corporations who would rather stand behind their attorney instead of standing behind their products and services.

The protection provided to the Texas home building industry through tort reform is by far the best example of this limited liability and accountability. Not surprisingly, the home building industry is a huge contributor to the President. It is also a good indication of what to expect when tort reform is applied to corporations in America.

At one time Texas had a strong Deceptive Trade Practice Act, which allowed for triple damages. Through the tort reform frenzy the DTPA has been replaced with a "right to repair" law, which limits awards and provides ample protection for the builder. Homeowners who spend years trying to work with the builder to resolve a construction defect can no longer receive just relief and the builder will never be justly punished. While the National Association of Homebuilders is promoting this type of bill through State Legislatures throughout the country, consumer advocates in Texas are trying to repeal it. Advertised as "good for the consumer", by tort reform groups, it has been an absolute disaster for homeowners.

As another result of tort reform the home building industry has been protected by the mandatory use of binding arbitration. When good faith negotiations have been unsuccessful, homeowners seek the help of an attorney just to learn their Constitutional rights to a civil trial have been replaced with a secret kangaroo court of arbitrators. Arbitration has been advertised as faster, better, and cheaper than our court system, but has instead become the biggest consumer scam in history. Arbitration is now been used in employment, car purchases, and even credit cards.

Contrary to popular belief arbitration is extremely costly, grossly unfair, and is held in secrecy away from public and media scrutiny. Only when a homeowner has a serious costly defect do they realize how horribly abusive the arbitration process can be.

In 2003 after the tort reform groups successfully installed a tort reform friendly legislature, Texas passed Proposition 12 which limits malpractice suits to $250,000, promising lower medical malpractice rates. Instead rates, believe it or not, increased again!

Removing the accountability provided by our time honored, civil court system for any industry is risking another Enron fiasco. President Bush is a "Tort Reformer with Results" and has a history in Texas. Americans should study this history and avoid repeating it.

John R. Cobarruvias is an advocate for new homeowner rights and is President of Homeowners Against Deficient Dwellings, Texas. www.hadd.com