The separation of powers doctrine is central to our democracy. Unfortunately, however, the application of the doctrine can mean that some Texas personal injury cases cannot be resolved by the courts because they concern unreviewable decisions made by the executive and legislative branches.
In a recent case against a military contractor, a woman filed a lawsuit after she was allegedly bitten by a dog on a United States Army base in Afghanistan. She was working as an administrative clerk at the base, and one day the dog allegedly escaped from her kennel, ran toward her, jumped and bit the woman’s shoulder. The dog also bit her buttocks before it was pulled off of her.
The woman sued the company that provided dogs to the Armed Services, alleging that the company negligently trained and handled the dog and that the dog bit her as a result. The company had trained the dog in the U.S. before being sent to Afghanistan. The dog was stationed at the base to protect soldiers and others by sniffing out improvised explosive devices (IEDs). The company claimed that the Army was at fault because of its use of the dog and because of the way it housed the dog. The company also argued that the court could not consider the case due to the political question doctrine.