It is important to retain an attorney who is diligent about making sure a defendant is served with your complaint. In Oyejobi v. Dollar Tree Stores, a Texas plaintiff slipped and fell in a Dollar Tree Store. Two years later to the day, he sued Dollar Tree, alleging personal injuries and asking…
Articles Posted in Premises Liability
Texas Parents Bring a Wrongful Death Case After Daughter Drowns
In Tarrant Regional Water District v. Johnson, a Texas Court of Appeals addressed a case in which the parents’ 19-year-old daughter drowned in the Trinity River while trying to walk across Trinity Park Dam to get to her job interview. The dam had a kayak chute in the middle, through…
Subcontractor Fall from a Forklift in Texas
In 4Front Engineered Solutions, Inc. v. Rosales, a Texas appellate court considered a case in which a subcontractor sued a property owner after suffering injuries while working with a contractor on the property. The safety manager of a distribution warehouse owned by 4Front contracted with an electrician to repair a…
Premises Liability Claim by a Framing Subcontractor in Texas
In Alonso v. Westin Homes Corporation, a Texas appellate court considered whether summary judgment was proper in a premises liability case. The case arose when a framer was working on homes being constructed by Westin Homes Corporation and related companies. He didn’t have a written agreement either with the company’s…
Visitor’s Slip and Fall at a Texas Hospital
In Texas and many other states, property owners owe different duties of care to different visitors to their property, based on the reason for the visit. The highest duty of care is owed to invitees, who are people who enter the property for mutual economic advantage. For example, a shopper at…
Liability for Injuries from Tangible Property in Texas
In Constantino v. Dallas County Hospital District, the plaintiff appealed an order dismissing her personal injury case. The plaintiff had sued a county hospital for personal injuries after a television fixed to the wall in her aunt’s hospital room fell on her shoulder and arm and hurt her. She claimed…
Is a Gap Between the Cattle Guard and the Road a Special Defect in Texas?
Gonzalez v. Bandera County arose when the plaintiff was thrown from his motorcycle on a Texas public road while crossing a cattle guard in 2013. While crossing the cattle guard, which was maintained by Bandera County, he lost control of the vehicle and crashed. The plaintiff filed suit against the…
Duty in a Work Injury Case in Texas
In Kalinchuk v. JP Sanchez Construction Co., a Texas plaintiff appealed summary judgment in favor of the defendant, a construction company. The case arose when a city hired a construction company to renovate one of its baseball fields. The city asked the construction company to move bleachers during the renovation,…
Can a Texas Defendant Require You to Submit to a Medical Examination?
In the Texas Supreme Court case of In Re HEB Grocery Store Company, the Court considered whether a trial court had properly denied the defendant’s motion to conduct a physical examination of a personal injury victim. The case arose when the plaintiff sued a grocery store for negligence, claiming he’d tripped…
Injuries Sustained Due to Property of a Texas University
In The University of Texas Southwestern Medical Center v. Munoz, the plaintiff was hurt by heavy equipment on which he worked near property owned by the university. Employed by Universal Controls, Inc. (UCI), he was an electrician. UCI subcontracted to retrofit an air-handling unit (a type of air conditioner in offices).…