In Texas, to prove a product liability case, a plaintiff must show the product was defective, the product reached the plaintiff in a defective condition, the defect made the product unreasonably dangerous, and the defect caused the plaintiff’s damages. In a 2014 products liability case, a deceased woman’s estate appealed…
In the recent Texas appellate case of In re Wyatt Field Service Company, the court considered whether a new trial was warranted in connection with two plaintiffs’ serious personal injuries that arose from a refinery accident. At the refinery, crude oil is turned into gasoline. Tar is a byproduct of the…
In the recent ruling in City of Diboll, Texas v. Louie Lawson, a Texas appellate court considered a case in which a Texas city claimed the recreational use statute applied to the plaintiff’s claim and that it was not grossly negligent under the statute. The case arose when a woman…
Recently, in Moreno v. Ingram a Texas appellate court considered the question of whether a chiropractor can testify on the necessity of a plaintiff’s non-chiropractic medical treatment. The plaintiff sued the defendant for negligence, based on injuries and vehicle damage arising out of an auto accident. Before trial, she filed…
Under Chapter 95 of the Texas Civil Practice and Remedies Code, property owners will not be liable when a contractor or a subcontractor or its employee is hurt on a property owner’s property while performing repairs or construction. A property owner under the chapter is someone who owns real property…
In Texas, the surviving spouse, children, or parents of a deceased person can file a wrongful death lawsuit against a person or entity whose wrongful act or negligence caused the death. One of them can file the claim as an individual, or they can file together as a group. If none…
In Methodist Health Centers v. Crawford, a Texas woman’s son and daughter sued a health center for medical malpractice in connection with its care of their mother. The mother was admitted to a nursing facility with a history of diabetes and dementia. She had a pressure ulcer on her back and…
In ENGlobal U.S. Inc. v. Gatlin, a Texas appellate court was asked to decide whether a party to a contract with an arbitration clause could compel arbitration of a personal injury claim by a nonparty to the contract under the doctrine of “direct benefits estoppel.” The case arose from Phillips…
In Texas, the defense of assumption of the risk is part of the general defense of comparative negligence. Those who participate in dangerous activities for sport or fun should be aware of this potential defense should something go wrong. Assumption of the risk arises when a plaintiff knowingly and voluntarily…
Most of the time, the only recourse for survivors of a family member who dies because of a job are workers’ compensation benefits. However, when an employer shows gross negligence and an employee dies, the rules are different. In Garay v. GR Birdwell, the decedent’s surviving spouse and a representative of the…