Law Alerts
TEXAS LAW ALERT — FALL 2005 ISSUE
WHAT HAPPENS IF YOU SLIP AND FALL ON SOMEONE ELSE’S PROPERTY?
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If you fall and injure yourself on someone else’s property, you may have a “premises liability claim.” Legally, a premises liability claim involves the liability of property owners for injuries that happen to someone who is on their property. In Texas, premises liability claims often arise from “premises defects,” which are basically unsafe conditions on a property.
There are any number of different kinds of conditions that may qualify as a premises defect, including holes, spills, and other unexpected hazards. The question of what is and what is not a premises defect is often a difficult one. You should always consult a qualified lawyer if you have been injured while on another’s property.
The duty a property owner (or the person controlling the property) owes to a person entering the property depends on the person’s legal status. In Texas, people entering property belonging to another fall into one of three legal categories: trespassers, licensees, or invitees. These categories determine the amount of care the property owner or occupier must use when someone is on the property.
Trespasser
As you might guess from the name, a trespasser is a person who enters the property of another without lawful authority, permission, or an invitation. Because trespassers should not be on the property at all, the owner of the property does not have much obligation to look out for a trespasser’s well-being.
Generally, the only duty a property owner owes trespassers is not to injure them willfully, wantonly, or through gross negligence. In other words, as long as the property owner does not injure the trespasser intentionally or through extreme carelessness, the property owner is not responsible for injuries the trespasser might suffer. If a trespasser is injured, it is usually his own fault.
Licensee
A licensee is a person who enters and remains on the property with the owner’s consent, but whose presence does not financially benefit the owner. The most common kind of licensee is a “social guest.” If you are invited to a friend’s house for dinner or to watch a football game, you are a social guest.
Because licensees have permission to be on the property, the property owner owes a higher degree of duty than he owes trespassers. A property owner has an obligation to either warn a licensee about a premises defect or to fix the hazard. For example, if the owner knows that his front steps are dangerous because they are uneven, he should warn the licensee to be careful on the steps (or, better yet, fix the steps). A licensee injured by a premises defect of which the owner was aware and the licensee was not may be able to bring a premises liability claim against the owner.
Invitee
The highest degree of duty owed by property owners is owed to invitees. An invitee is a person who enters the property with the owner’s knowledge and for the mutual benefit of both parties. The most common example of an invitee is the so-called “business invitee.” A business invitee goes to a place of business to buy something, a transaction benefiting both the owner (who gets paid by the invitee) and the invitee (who gets the item he needs from the owner).
In addition to the duties discussed above, property owners owe invitees a duty to protect them not only from risks the owners know about but also from the risks they should know about. This encourages owners to “go the extra mile” to protect invitees by doing things like making sure that the floors are mopped dry in wet weather or making sure that spills are cleaned up promptly. Often, there is a question about whether an owner should have known about a given hazard, but the general rule is that if the hazard has been around for some time, then the property owner should have been aware of it.
There are many exceptions, special rules, and other factors that can affect a premises liability claim. If you are injured on someone else’s property through no fault of your own, you could have a premises liability claim. Please call us.
IF YOU SLIP AND FALL AT A STORE
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If you fall and injure yourself at a store, you must show that the property owner was negligent or careless in order to make a legal claim. It is important to get as much information as possible to help you prove your case.
* Get the names, addresses, and telephone numbers of witnesses–both customers and employees. If you cannot do this at the time of the accident, do so as soon as possible afterwards.
* Get a good look at whatever you tripped over or slipped on. Get pictures if possible.
* Pay careful attention to anything the employees might say. If any of them admit to knowing about the hazard, be sure to get his or her name.
* Call us. We have successfully represented many slip-and-fall victims. We will get you everything that you deserve under the law.
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Bar Brawl Leads to Large Verdict
There are many ways that you can be injured, and there are also many ways that someone else can be at least partially responsible for injuries that you have suffered.
In a recent case, a man injured in a fight at a bar won a verdict of almost $3 million for his injuries. The bar was located at a resort that was hosting a fraternity reunion and a wedding on the same night. Although the evidence was disputed, the jury believed the plaintiff’s version of the events–that members of the two groups had been drinking heavily and had gotten into a series of shouting matches and small scuffles, but that the hotel staff did nothing to lessen the tensions and did not call in any of the four security officers working at the resort.
Eventually, a large fight broke out, and the plaintiff (who was trying to help a friend who had been knocked down) had his head slammed into a wall, causing moderate brain damage. Although the jury found that the plaintiff was somewhat responsible for his injuries, it determined that he would not have been injured if the bar had maintained adequate security.
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A person who has been injured often faces a difficult choice: Should I hire a lawyer, or handle it myself? Although you might expect a lawyer to tell you that you should always hire an attorney, the answer is that it is not always necessary.
In the case of a car accident, if the collision was a small one, you probably do not need a lawyer. For example, if the only damage was to the car, a fair settlement would cover the cost of repairs plus any other damages attributable to your car being out of commission, such as the cost of a rental car. You know what these damages are, and you probably do not need a lawyer to recover them.
However, if you have been injured, you should seriously consider talking to a lawyer. It is important to remember that the insurance company does not work for you and is not your “friend.” To repeat: The insurance company is not your friend–in fact, it has a financial interest in getting you to accept as little money as possible. Therefore, the insurer’s first offer is probably not its best offer, no matter what it says.
If you are unsure whether you have received a fair offer, or if you are sure that you have not, it is time to consider hiring a lawyer. A lawyer can help you evaluate offers, and, even though the lawyer does not work for free, he or she can often help you increase the offer enough that you will still end up putting more in your pocket than otherwise. Finally, if the insurer will not deal with you fairly, a lawyer can help you file and win a lawsuit.
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Despite this modern age of marketing and advertising, the best source of our new business is word of mouth. We are grateful that many of our clients and friends feel confident in recommending our firm.
Unfortunately, when people need a good lawyer, they often do not know where to turn. If you or someone you know has been injured and needs legal help, call us.
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Everyone has seen it: Two cars are on the highway, and they are both trying to merge into the same lane at the same time. Usually, one of the cars swerves out of the way in time, but occasionally they collide, causing an accident. Which car is at fault?
Texas law provides that if two cars are trying to merge into the same lane on a highway with three or more lanes traveling in the same direction (such as a major interstate) the car entering the lane from the right shall yield the right-of-way to the car entering the lane from the left.
So be careful and keep your eyes open, even if you are on the left and have the right-of-way.
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Whenever you rent a car, the rental company always asks if you want to buy more insurance. Before saying “yes,” ask yourself whether you really need the extra coverage. In most cases, persons covered by a Texas auto policy are already covered by their regular insurance when they rent a car. The insurance from the rental car company will only provide more coverage, not new coverage.
Second, it is important to understand that some of the “coverage” offered by the rental company is not insurance at all. For example, a collision damage waiver is not insurance but, rather, an agreement by the rental company not to sue you if the car is damaged, regardless of who caused the damage. Finally, remember that the rental agency insurance is priced at a premium. If you rent cars often, it may be less expensive for you to increase the limits on your personal auto policy rather than buying more coverage every time you rent.
CAR REPAIR SCAMSCAR REPAIR SCAMS
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Whether because of a collision or simply because of chance, from time to time every car will need to be repaired. For those of us who do not know anything about car repair, a trip to the repair shop can provide an occasion for unscrupulous mechanics to bilk us out of our money. Although most mechanics are honest, the few who are not have a number of tricks that they use.
Some scams are fairly obvious–lying about the need for a certain repair, agreeing to charge a certain amount and then actually charging more, or misrepresenting that a repair has been done when it has not. However, other car repair scams are more ingenious, such as:
* Putting your car on a lift and disassembling it before getting your permission to repair it. This may leave you stuck with the option of either authorizing the repair or paying to have your own car put back together, and even then it may not work.
* Showing you dirty oil contaminated with metal filings, and then telling you that this shows that you need a new transmission. Transmissions often contain dirty oil with metal shavings, and this does not necessarily mean that you need to have the transmission replaced–an expensive repair.
* Replacing a part with a rebuilt part but then charging you for a new part.
Be sure to protect yourself. Get all estimates for repair work in writing, and insist that the mechanic get your specific authorization before doing any work for which he is going to charge. If necessary, get a second opinion. Finally, always ask either for the return of any parts that have been replaced or for the box from which your new part came. If you follow these simple steps, you will make it more difficult for a scam artist to work his tricks.
QUOTABLE
“Supposing is good, but finding out is better.”
- Mark Twain