Texas Injury Lawyers Blog
The Supreme Court of Texas recently issued an opinion in a case involving a property owner’s liability for injuries an employee contractor sustained while working on the property. The case arose when the two construction workers suffered injuries while working on a condominium project owned by the defendant. The defendant hired an individual instead of a general contractor to manage the project. A high-voltage power line hung behind the property, and the defendants told the project manager about the line because it was “too close” to the building. The project manager advised the plaintiffs to begin the project even though the power line was still intact. While working on the project, electricity shot down the rebar, and the power line snapped, causing the workers to suffer burns and other serious injuries.
The workers filed a negligence lawsuit against the power company and the defendants. The trial court entered a judgment per a jury finding that the property owner was liable under ordinary-negligence and premises-liability theories.
The defendant appealed, arguing that the employee’s evidence was not legally sufficient under Chapter 95. In response, the plaintiffs argued that the Chapter does not apply, the defendant waived some arguments, and the evidence was legally sufficient. Amongst several issues, the defendant argued that they could not be held liable because the danger was open and obvious. Under Texas law, a danger is open and obvious when the invitee possesses “knowledge and full appreciation” of the hazard’s extent and nature. Typically, when the danger is open and obvious, the property owner does not maintain a duty to warn of the danger or make the premises safe. Inquiries regarding whether a danger is open and obvious are not subjective but rather what a reasonably prudent person would have known. Courts will look to the totality of the “particular circumstances.”
During the course of the COVID-19 global pandemic, tens of millions of people across the country experienced moving their work lives, but also their active lives, into their homes and away from typical common spaces such as gyms or exercise studios. As people began both working and attempting to stay active during quarantine and to practice social distancing, demand for at-home exercise options and equipment has been on the rise. But even at home, could these equipment options pose risks to you and your family? Those injured due to a dangerous piece of exercise equipment may be able to pursue a Texas product liability claim against the manufacturer.
Texas has specific procedural requirements that parties must adhere to when they proceed with a lawsuit. If these procedures are not followed and prescribed deadlines are ignored, it could result in your case being dismissed or leave you unable to get the compensation you deserve. Thus, hiring an experienced attorney is crucial when you decide to proceed with a lawsuit—especially someone who understands the ins and outs of Texas laws and procedures.
Every time we get behind the wheel in Texas, we must accept a certain level of risk as drivers. Even if we are careful, proactive, and courteous on the road, there is no guarantee that external factors will not cause a car accident. Other drivers, poor weather conditions, or unexpected obstacles on the road can all play a role in the chances of being involved in an accident. Unfortunately, for many of these accidents, there is nothing you can do to prepare outside of staying vigilant and ensuring your vehicle is properly maintained.
The COVID-19 pandemic, which has resulted in economic challenges and substantial job loss, is raising concern for a greater spike in child abuse. Nothing is worse than receiving a call that your child has been injured or abused. It is worse when this call comes from their trusted child’s daycare facility.
Many Texas companies hire independent contractors because of their cost-effective nature. With an independent contractor, companies can use the contractor for a particular project when it needs to be done and are free from being tethered to the particular contractor when the work is complete. When a contractor’s actions cause an accident, however, there is a question of liability on the company’s part. Is the contractor or the company responsible? It can often be a complicated question.
Many Texans spend the majority of their time at work. As a result, San Antonio 
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Under Texas premises liability law, restaurants and bars have a duty to protect their customers. However, the extent of this duty is often called into question in cases where someone is injured while visiting an eating or drinking establishment. In a recent 