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Articles Posted in Premises Liability

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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,…

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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…

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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).…

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Suing the Government for Texas Road Construction Accidents

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…

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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…

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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…

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