In Texas Department of Transportation v. Brown, the plaintiff was driving on Hwy 82, in an area that was a construction zone, when she crashed into an unmarked machine parked in the right-hand lane. Later, she would claim that the barricade drums that were put between the two lanes didn’t…
Articles Posted in Premises Liability
Slip and Fall in Texas County Jail
In Jefferson County v. Akins, the plaintiff sued a county for personal injuries arising from her slip and fall in the hallway of the county jail. She was an employee of the jail, supervising inmates in the kitchen area in the middle of the night, and the fall occurred when…
Liability of a Texas Property Owner to an Independent Contractor’s Employee
In Oiltanking Houston, LP v. Delgado, an employee of an independent contractor hired to work on a pipe by Oiltanking died in an explosion. He was welding a flange on a 24-inch pipe used to transport crude oil. Hydrocarbon fumes ignited, and an explosion occurred, killing the employee and injuring…
Trip and Fall Case in Texas
In Lee v. K&N Management, Inc., the plaintiff sued a store and barbecue after tripping on ground cover near the store entrance. Before going to the store to pick up dessert, she’d been eating dinner with her mother and brother, and she drank a single margarita. At the store, her…
Liability for Falling Objects in a Texas Big Box Store
In PNS Stores, Inc. v. Munguia, a store appealed from a judgment awarding a plaintiff $1,048,500 in damages in his premises liability case. Two bottles of deck wash fell from a shelf five feet high and hit the plaintiff on the head when he and his son went to the…
Does a Prior Property Owner Have Liability for a Dangerous Condition in Texas?
In Occidental Chemical Corporation v. Jenkins, the Texas Supreme Court considered a premises liability case in which the property’s dangerous condition was created by an previous owner. The case arose in 2006 when a man was injured while using a component to add acid to a large tank at a…
Slip and Fall on a Texas College Campus
In Texas State Technical College v. Washington, the plaintiff claimed that she slipped and fell in water on the Texas State Technical College campus after a water line broke the building’s ceiling and flooded the floor. The college is a governmental unit. She sued the college for personal injuries suffered…
Bicycle Accident on Public Property in Texas
In City of San Antonio v. Peralta, the plaintiff sued the city and the San Antonio River Authority after he suffered injuries in a bicycle accident on a river walk. The plaintiff was riding his bike to work, and at around 6 a.m., the bike crashed into sewer drainage. The…
Texas City Sued Due to Police Officer Use of Patrol Car
In City of Socorro v. Hernandez, a Texas appellate court considered a case in which the plaintiffs were involved in a car crash. Their car was rendered inoperable, and the electrical system died in the street. The hazard lights weren’t working. The police responded. The officer didn’t park his car…
Texas Slip and Fall in a Hospital
In Reyes v. Memorial Hermann Health, a plaintiff appealed from the dismissal of her personal injury claims against the defendant. The case was dismissed because she failed to timely file an expert report under section 74.351 of the Texas Medical Liability Act (TMLA). The case arose when a woman slipped…