What Does Obvious Intoxication Mean?
Under Texas dram shop law, an alcohol provider can be sued when they continue serving drinks to an obviously intoxicated customer. But what exactly is obvious intoxication? Answer: A customer is obviously intoxicated when there are ANY signs that indicate they are intoxicated. The legal significance of obvious intoxication is that an alcohol provider breaks...
Who Is Considered a Provider Under the Texas Dram Shop Act?
Under the Texas Dram Shop Act, the term "provider" has a specific legal meaning. As with any cause of action, a dram shop claim has certain components --or "elements"-- your attorney must prove in order for your claim to be valid. In order for the person or business who furnished the alcohol that led to...
What Are the Civil & Criminal Penalties for Bars & Restaurants in Texas?
When Bars Break The Law, The TABC Can Punish Them Elsewhere on this site, we've covered extensively how Texas law allows drunk driving accident victims to sue bars and restaurants provided that the establishment served a patron who was obviously intoxicated. Such lawsuits discourage bars from breaking the rules by taking the profit out of...
How Did Attorney Keith Purdue Turned Loss Into a Source of Motivation?
In his own words, Attorney Keith Purdue talks about his personal loss and why he is passionate about Dram Shop lawsuits. I'm privileged to be a part of Grossman Law Offices, and our law firm has filed numerous lawsuits on behalf of those injured or wrongly killed by drunk drivers, which I passionately feel is...
What Were the 2014 Drunk Driving Accident Statistics in Texas?
Texas Drunk Driving Accident Statistics Drunk driving accidents are stunningly common in Texas. Unfortunately, the Lone Star State leads the country in the number of DUIs each year. According to the Texas Department of Transportation (TxDOT) there were 3,039 fatalities on Texas roadways in 2014. In general, 65,539 serious injury crashes occurred in Texas in...
When Can an Apartment Complex Be Liable for Crime-Related Injuries?
Under Texas Law, an apartment complex can be held liable for crimes that occur on their property, but only under very specific circumstances. Everyone should feel safe and secure in their home. However, this is not always the case for people living in apartment complexed. In some cases, apartment complexes have become a hotbed for...
What Should I Know About Slip and Fall Cases in Texas?
Premises Liability: Slip and Fall Cases If you or someone you know has been injured or killed after a slip and fall on someone else's property, you might have a premises liability claim. Not ever injury that takes place at a business or premises under the management of someone else results in a claim, but...
How Do Dog Bite Cases Work Under Texas Premises Liability Law?
If you've been bitten by a dog in Texas, you may need to investigate to find out who is really responsible for your injury. Dog bite cases often happen to innocent bystanders, and unfortunately, there is usually someone else at blame here. There are regulations that dog owners and/or property owners must follow, and if...
Can I Sue in Texas for Injuries Caused by Defective Railings and Balconies?
Apartment complexes can be held liable for accidents that happen due to unsafe railings on staircases and balconies on their property. Here's how: If you have been injured at an apartment complex due to a defective railing or banister, whether you can recover any damages from the complex owner is reliant upon your status as...
Are Landlords Liable for Injuries in Texas?
A landlord is often liable for injuries sustained by tenants and the tenants' guests. Apartment owners and landlords have a duty to keep their rental units reasonably safe for their renters and any visitors under Texas premises liability law. The level of care owed each person on their property depends on the status of that...
When Can a Homeowners Association Be Liable for an Injury?
Home Owners Associations (HOAs) can be held responsible for some kinds accidents that happen on property they manage. Here is how it works under Texas law: Paying expensive dues every year to your neighborhood homeowners association ("HOA") means you can expect some specific things in return. And even if you are a guest on a...
How Do Injury Claims Against Apartment Complexes Work in Texas?
If you are injured as a tenant or visitor to an apartment complex, they may be held liable for the injuries you have sustained. The apartment industry provides a service of affordable housing for singles and families across Texas. In providing and profiting from this service, they have particular duties and responsibilities that are unique...
When Are Apartments Liabile for Dangerous Animals?
Dangerous animals that reside in apartment complexes are a more common occurrence than you might think. What is considered a dangerous animal? There are many animals that are obviously dangerous, and that you would not invite into your home or keep as a pet. But what happens when a normally domesticated animal inflicts harm on...
Who Can Be Held Liable for Swimming Pool Drownings?
Apartment complexes can be held liable for drownings that happen in their community pool, but only under certain circumstances. This is how it works: There is nothing better than relaxing by your apartment's pool on a scorching hot day in Texas. Sadly, sometimes these relaxing days can end in tragedy. A drowning can occur at...
Do Texas Courts Apply the Attractive Nuisance Doctrine in Premises Liability Cases?
Attractive Nuisance Doctrine: An Overview If you are a parent you probably know how difficult it is to keep your child's attention. They are constantly being distracted by new things which divert their attention away from more important things. Frequently, this thirst for curiosity and having new experiences results in children wandering off from their...
When Is a Business Liable for Injuries under Premises Liability Law?
Visiting places of business and industry can be very dangerous, and the business owners can be held liable for accidents that happen on their properties. This is how the law sees these situations: If you've been injured while patronizing a business due to an unsafe or dangerous condition on the property, you may be entitled...
When Is a Store Liable For Injuries?
Stores and retail outlets can be liable for several kinds of accidents that occur on their property. Here is more about how this process works: Although many people venture to these retailers every week, grocery stores and hardware stores can be a very dangerous place. So what are you supposed to do if you are...
Can I File an Injury Claim Against a Homeowner in Texas?
Guests who suffer injuries at the home of another person can sue the owner. This is how it works in the State of Texas: If you are negligently injured while at the home of another person, the homeowner may be liable for your damages. Texas has a very diverse housing market which could affect who...
How Does Suing Homeowners for a Sexual Assault Work in Texas?
Suing Homeowners for Sexual Assault No one wants anyone to be hurt or assaulted when visiting their home, but when homeowners are negligent or don't actively try to prevent such situations from happening, they are partially responsible for resulting actions. That being said, it follows that homeowners may be held liable for sexual assault cases...
How Does the Firemans Rule Work Under Texas Law?
How Fireman's Rule Works When someone is injured on a premises the duties they are owed depend on their classification at the time of the visit. This article outlines duties owed to public-safety officers, which is known as the common-law firefighter's rule, or "fireman's rule." If you haven't read any of our other articles, the...