Client Stories: How A Venue’s Negligence Led To A Graduation Party Tragedy
At some point, the group directed some choice words at our clients' son, he answered in kind, and a member of the gang responded by pulling out a gun and shooting him in the head.
Client Stories: How Did a Gas Station Robbery Become a Premises Liability Case?
One case that illustrates how complex the law can be involves a gas station employee who was shot in a robbery, for which both the assailant and the station's owner were ultimately held liable, thanks to the efforts of our determined attorneys.
Client Stories: A Twisted Rug Causes A Woman’s Death at Walmart
This case involves a 94-year-old woman visiting her local Wal-Mart. She tripped and fell on a rug at the store's entrance, which had been bumped up into a pretty obvious trip hazard, particularly for someone older and less limber. She later died from the injuries sustained in the fall.
Why Are There Lawsuits After the Jacksonville, FL Madden Shooting?
Very few people are likely surprised that news reports surfaced that one of the victims of Sunday's shooting at a Madden NFL 19 tournament retained an attorney who plans to file a lawsuit on their client's behalf. For those who didn't hear what happened, here's a quick recap. A 24-year-old competitor lost in a video...
Reggie Bush’s Recent Success In Court Is a Lesson in Premises Liability Law
Recently a St. Louis jury awarded Reggie Bush, a former NFL running back, a total of $12.5 million in damages for a 2015 slip-and-fall that ended his performance in the season and likely contributed to his retirement in 2017. While I don't write too much about sports, I think in this case Mr. Bush is...
Garland Apartment Complex in Hot Water Over Murky Pool
It's been big news in Dallas that a 4-year-old Garland girl, Mariah Anthony, drowned in a pool at the Meadow Creek apartment complex this past Sunday. This incident was different than most other pool drownings, because the media and emergency response personnel both noted how murky the water in the pool was. One news outlet...
Asbestos Continues to Wreak Havoc on Generations of Workers
Society has a complicated history with technological progress. It seems like many major developments in the industrial and consumer sectors were found to be pretty awful ideas after a generation or so of use. Just think about it: From the 1930's through the 50's, cigarettes were endorsed by doctors for the pep that a jolt...
Tapped Out: Man Served Toxic Beer, Triumphs Over Finger-Pointing Defendants
Just about any business will try to deflect the blame for an accident wherever else it can manage. Here on the blog I mostly talk about it in relation to trucking firms and their insurers, but it's certainly not limited to the transportation industry. Nobody wants to be the bad guy, especially if it means...
Retire the Fire: The Hazards of Flaming Food and Drinks
Sometimes ordinary folks with a thirst for adventure order flaming drinks, in which the alcohol in the cocktail is set ablaze as part of the presentation. It's quite a sight, but is it worth the risk that comes from adding fire to the situation? A recent incident in a Denton suburb made me wonder. Here's...
Adios Amoebas: Water Parks and Premises Liability
If you run a business, you'd better know what it takes to make sure your customers have a safe and satisfactory experience there. There are genuine accidents--things nobody could possibly have seen coming--and then there are incidents that likely could have been avoided with appropriate levels of pre-emptive caution. For example: If you run a...
Atlanta Tragedy Shows Why We Have Attractive Nuisance Doctrine
It's no secret that any time a law firm discusses a tragic event in the news, people will invariably accuse that firm of attempting to profit from a tragedy. However, when the reaction of most people is that "the victim's family is going to make a ton of money," it illustrates a lack of knowledge...
Brawl in the Mall: An Outbreak of Holiday Violence
I want to look at at an interesting phenomenon that happened on the day after Christmas: On December 26, over a dozen shopping malls suffered large-scale melee brawls on their premises. Boxing Day Mall Brawls December 26th is often a crowded day at the mall; shoppers have an extra day off and no specific plans,...
Gandy v Camp Thurman: Trespassing and Texas Premises Liability Law
In late 2011, 30-year-old Arlington man Jeremy Gandy broke into the premises of popular outdoor-adventure destination Camp Thurman after hours in Pantego. Arriving on the grounds between 3 and 4 a.m., Gandy had been drinking heavily before his decision to enter the camp; after climbing over a rear fence, he scaled a 30-foot zip line...
The Estate Of Marc Palotay et al v. Studio City Fitness Gym: Analysis and Premises Liability Law
Not every state law makes a great deal of sense. Some laws are left over from drastically-different periods in history, and others are clearly issued in response to specific situations the legislature didn't think it would ever have to address. For example, in my home state of Texas vendors are forbidden from selling any liquor...
The Cost of Belonging: Hazing Injuries and the Law
"Power tends to corrupt, and absolute power corrupts absolutely." So said Lord John Dahlberg-Acton in the 19th Century. Of his varied and highly-quotable commentaries as a historian and politician, this is the one that best stuck with us as a society. When placed in a position of absolute authority over their peers, people will often...
The House on Liability Hill: Haunted Houses and Premises Liability
Texas is just beginning to see the first signs of fall! I can tell because the temperature occasionally slips below 75 degrees and the ubiquitous "pumpkin spice," at this point a self-referential pop culture trope, has once again appeared in every conceivable form. And of course, Halloween approaches! Given how close October 31 is to...
Premises Liability: What Can I Do If I’m Injured While Staying at a Hotel?
I was recently in Austin for a client mediation and had an experience that many travelers encounter: A disgusting hotel room that smelled of stale cigarettes and mold. Thankfully it wasn't the busy time of year and I found better lodging, but not everyone is so lucky. Since poorly-maintained hotel rooms not only offend the...
What Law Governs Guardrail Spearing Injuries in Texas
Just a couple of weeks ago, outside of Amarillo, a passenger was speared by a guardrail in a car accident. According to reports, the passenger suffered a severe leg laceration and it is possible that on-scene first aid saved their life. While being speared by a guardrail isn't the first injury that pops to mind...
“Trespassing” Employee: Amanda Beuhler Vs. Buffalo Wild Wings
Imagine that you were working a project at work and left an important file at the office. You, being the awesome employee that you are, decide to swing by the office on a Saturday to pick up that crucial file. As you're making your way to your desk, part of the ceiling caves in and...
The Legal Ramifications of the West, Texas Explosion
The tragedy of the explosion at West Fertilizer Co. has left dozens of families reeling in West, Texas. The emotional effects of the incident are tangible, and the outpouring of support has been significant. But what about the long-term effects of the incident, when the families are left without their breadwinners or with extensive medical...
