Texas Injury Lawyers Blog

Published on: February 13, 2018

Actual Knowledge in a Texas Slip and Fall

In a recent Texas premises liability decision, the court considered a slip and fall that occurred in the Corrections Center. A woman was going with her family member to pretrial services when she slipped on water in the hallway. She sued the county, and it claimed it had governmental immunity that barred her claims.

A pretrial services caseworker saw the puddle in front of the men’s restroom, which was in an alcove separate from the hall where the plaintiff slipped. When the caseworker saw it, the puddle was about two feet long and didn’t go into the hallway. She told support staff about the puddle, and it was their procedure to call maintenance. She assumed they didn’t but didn’t know.

An hour later, the plaintiff slipped on the water that had progressed into the hallway. The caseworker didn’t see the fall but saw her there afterward. Later, she would testify that the puddle had flowed into the hallway, although she admitted she hadn’t seen the initial puddle move or flow when she saw it.

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Published on: February 13, 2018

Liability After Texas Freshman Killed on Campus?

By Carabin Shaw

A recent Texas wrongful death decision arose when a college freshman was shot and killed on a university campus. He was on his way to class when he was shot and killed. On the prior evening, another shooting happened in the parking lot of the same dorm. His mother sued the university for negligence and gross negligence.

She claimed that the university’s employees, representatives, and agents failed to use reasonable care in warning parents and students about the risk of harm on campus and in providing adequate security and taking steps to stop criminal activity.

The university filed a plea to the jurisdiction and a motion to dismiss the mother’s claims on the basis of governmental immunity. The mother argued that immunity was waived by the Texas Tort Claims Act, since the death was caused by a condition or use of real property or personal property. The trial court denied the motion and allowed the plaintiff a month to amend her complaint. The university filed an interlocutory appeal, arguing that her petition affirmatively negated jurisdiction.

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Published on: February 13, 2018

Lack of Notice in Premises Liability Lawsuit in Texas

By Carabin Shaw

In a recent Texas premises liability decision, a man sued a company for injuries he suffered while visiting to conduct maintenance on the company’s air conditioning unit. The case arose when an independent contractor working for a filter company was sent to a seafood restaurant operated and owned by the defendant. When he got there, he was shown by managers the ladder and overhead opening that he had to use to gain access to the air conditioners.

Once he’d replaced the filters, he opened the hatch to go down the ladder, but as he closed it, it slammed shut on his right hand. He drew back, lost his balance, and fell about 10-12 feet. He had to go the ER and sustained several injuries. He sued, and the defendant moved for summary judgment. It argued that the record showed he couldn’t meet his burden of proof for the prerequisites for liability under Texas Civil Practice and Remedies Code, Chapter 95, and he didn’t have evidence to prove premises liability.

The plaintiff put forward evidence in response, including deposition testimony from the defendant’s designated representative and his own expert. The designated representative testified that he’d worked at the restaurant in question since the start of 2012. He testified that while working at the store, he’d ascended and descended the ladder, and he’d used the hatch numerous times. He said he’d never had trouble with doing these things, and he didn’t know of anybody else being hurt or having trouble with them.

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Published on: February 13, 2018

Admissibility of Out-of-Court Experiments in Texas Car Accident Case

By Carabin Shaw

In a recent Texas appellate decision, a woman challenged the lower court’s judgment in a lawsuit for negligence and wrongful death. Among other things, she claimed the lower court had made a mistake in admitting a video recording of an experiment that had happened outside of court.

The case arose when the plaintiffs claimed that a minivan had crashed into a sedan driven by the defendant at an intersection controlled by a traffic signal. The minivan passenger was the mother of the plaintiffs, and she suffered fatal injuries, dying after the accident. The plaintiffs claimed the defendant had not used ordinary care in going into the intersection without paying attention to the red traffic light, not controlling her car’s speed, and not looking out carefully or applying her brakes on time. They claimed her failure to use ordinary care was the legal cause of their mother’s death and asked for loss of companionship and mental anguish as their damages, in addition to more concrete damages.

The defendant denied the claim and said the accident was caused by the driver of the car in which the decedent was riding. The defendant lived on that street and was familiar with the signal at issue. She claimed the light was green as she headed toward the intersection, and there were no other cars on the road in front of her, although there were stopped cars on the intersecting street. There was some discrepancy in her claims about stopped cars.

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Published on: February 13, 2018

Golf Course Injury in Texas

By Carabin Shaw

In a recent Texas premises liability case, the plaintiff was a member of a country club that had a golf course. He also owned an associated condo unit. The 16th hole of the gold course had an elevated green, around which were cliffs. While playing that hole, the plaintiff tripped, rolled, and fell off the side. His shoulder was severely injured.

The plaintiff sued the ranch, the designer, and the owner of the country club, claiming gross negligence, negligence, and premises liability. They filed motions for summary judgment. The lower court granted summary judgment in favor of them. He acknowledged documents related to his membership at the country club and his ownership of the associated condominium unit included releases that acknowledged and assumed risks associated with the club facilities.

He claimed that a supplemental declaration violated the statute of frauds and that the release wasn’t enforceable because it didn’t meet the fair notice requirements. The evidence wasn’t disputed that he signed a lot sales contract in buying a condo unit. The agreement stated the unit he was contracting to buy was subject to restrictions and conditions. The agreement included a defined term. The declaration referenced a statement that a copy of the documents had been gotten by the buyer. The contract also stated that the declaration was recorded.

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Published on: December 20, 2017

Rear End Pickup Truck Accident in Texas

By Carabin Shaw

A recent Texas truck accident decision arose out of a pickup truck accident. An equipment company had employed a man as a driver. While driving in the course and scope of his employment in November 2012, the man got into an accident. At trial, the jury received conflicting evidence about what happened to cause the accident and the plaintiff’s injuries.

The plaintiff was driving east in a pickup one morning. When he came to an intersection with a yellow light, he slowed down, and the light turned red. The intersection was east of a school zone, where the speed limit was 30 mph. After he stopped, the plaintiff saw the equipment company employee driving toward him from behind in another pickup. The plaintiff estimated the other driver was moving at 45 mph when he struck the plaintiff’s truck from behind.

The impact was hard, according to the plaintiff. The plaintiff experienced pain in his neck, shoulders, and back, and he testified that the force pulled his seat loose from the hinges fixing it in place. He also presented deposition testimony from the other driver, in which the other driver admitted his fault and testified that he believed the plaintiff was hurt. He also presented the employer’s representative’s deposition testimony. The deponent testified that the employee had written out a statement in which he admitted that in his opinion, he was at fault for the accident, and the deponent testified that the employer agreed.

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Published on: December 20, 2017

Premises Liability at a Texas Rodeo

By Carabin Shaw

In a recent Texas premises liability lawsuit, the plaintiff sued a property owner for premises liability and negligence after tripping over a floor mat at a rodeo. The rodeo was operated at NRG Park for three weeks in March. NRG Park was made up of three entities (including a stadium, arena, and center) and owned by a corporation that hired a management company to oversee the daily operations of the NRG Park complex.

The center had concrete floors, and the management company was supposed to install rubber mats there based on the rodeo’s lease agreement. These mats were stored during times of non-operation. While the event was being prepared, the rodeo told the management company where to put the floor mats. These were unrolled and duct taped together. However, they were not taped to the floor.

After the rodeo started, the rodeo would have responsibility for maintaining the mats. The management company was supposed to assist by replacing tape where necessary.

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Published on: December 20, 2017

Liability for Dog Bites on Someone Else’s Porch in Texas

By Carabin Shaw

In a recent Texas dog bite decision, the plaintiff sued after suffering injuries from a dog bite. The case arose in 2013 when he went with his girlfriend to the defendants’ house to meet the girlfriend’s father, who was staying with the defendants. He didn’t know the defendants, and the defendants didn’t know that either the plaintiff or his girlfriend were planning to come by the house.

The plaintiff and his girlfriend stood on the front porch and knocked. Nobody was home. After some time, the girlfriend opened the unlocked front door. The defendants’ dog, who was a 22-month-old Akita, came to the door. The plaintiff had stayed on the front porch and tried to shut the door when he saw the Akita. The dog went through the open door and bit him. Even though he was bitten, the plaintiff pushed the dog back into the house and shut the door. He had to go to the hospital.

He sued the defendants for negligent handling of an animal and for strict liability for a dangerous domesticated animal. He added negligence theories to an amended complaint. He claimed they were negligent per se for violating a duty set forth under section 822.042 of the Texas Health and Safety Code and that they should be held liable under premises liability law. He later amended again to add negligence per se. The trial court granted the defendants’ summary judgment motion.

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Published on: December 20, 2017

Negligent Hiring in Texas Wrongful Death Lawsuit

By Carabin Shaw

A recent Texas wrongful death decision arose after a car salesman shot and killed his sales manager. One autumn, there was a confrontational sales meeting, and the salesman went into his manager’s office, took out a gun, and shot him. The sales manager died a few days later, and the salesman pled guilty to first-degree murder and went to prison on a life sentence. The manager’s family sued the salesman, as well as dealership-related entities and an employment screening company.

Back when the salesman applied at the dealership where he worked, the dealership used the services of a pre-employment background screening company to screen prospective employees. The company would interview a job applicant, perform a drug test and a criminal records check, and provide the results of the screening to the dealership. In this case, the screening company reported that there were no criminal records, and the drug test was negative. It also stated there was an inconsistency about why he left his earlier job.

The salesman was hired, and then he left on good terms and moved elsewhere. He worked at other car dealerships and then came back to Texas and applied for a sales job. He went through another screening and was hired, but he quit. He again applied with the dealership for a sales job and went through another screening.

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Published on: December 20, 2017

Liability for Conflicting Traffic Signals in Texas?

By Carabin Shaw

In a recent Texas car crash decision, the plaintiff claimed she was hit by a car while using the crosswalk by a courthouse. The traffic light was flashing a walk signal when she started crossing, but the intersection light also gave drivers a protected left turn across the crosswalk with a green left turn arrow. The defendant turned left and hit her.

The plaintiff sued the defendant for negligent driving, but she also sued the city, county, and Department of Transportation for negligence in connection with the signals. She nonsuited the county and the Department. She supplemented her claims against the city by claiming that the city had entered into an agreement with the state in 2001. In this agreement, the city had undertaken to change the traffic signals as necessary and agreed to provide traffic lights at different intersections, including the place where she’d been injured.

She claimed the city was aware there was an issue with the traffic signals because there had been a similar accident in 2012 involving a conflicting left turn signal and a walk signal. She claimed the city police had investigated that collision, thereby allowing the city to become aware of the issue. The plaintiff alleged that even though the city knew there was a problem, it had breached its duties by failing to resolve the issue. It had not properly programmed the lights, and it had not maintained the lights or provided a safe crossing. She claimed these negligent omissions were the legal cause of her accident. She also claimed negligence per se based on violations of the Texas Manual on Uniform Traffic Control Devices section 4D.05(F)(1)(2) and City of Edinburg Resolution No. 01-1611.

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