Does Premises Liability Law Apply to Shootings and Firearms Incidents?
Homeowners who Possess Firearms Have Unique and Distinct Duties to their Visitors Any homeowner will owe some general duties to people who visit their property. This includes making sure the property is free from any extremely hazardous conditions, that the visitors are warned of any inconspicuous hazards, and that the visitors are warned of any...
What Are the Case Elements in a Trespasser Premises Liability Lawsuit?
The elements of trespasser premises liability claims: how to still win ... It's understandably a tough hill to climb to ask a court to hold that a trespasser on someone's property deserves some kind of protection from the landowner. After all, the person on the property literally doesn't belong there, and it seems absurd for...
When Can a Property Owner Be Held Liable for a Sexual Assault?
Premises Liability and Sexual Assault If you've read any of our articles on premises liability you know that the property owners have a duty to keep guests safe when they are visiting the premises. This doesn't mean property owners would always be responsible in cases of sexual assault, but there are many instances where they...
How Do Licensee Cases Work under Texas Law?
Examining the role of Licensee in Texas Premises Liability Law If you are injured on someone else's property and are classified as a "licensee," what does this actually mean? What responsibilities does the property owner have to uphold for you under this classification? In this article we will explain these duties, give examples of who...
What Are the Licensee Case Elements in a Texas Premises Liability Lawsuit?
Proving the elements in a licensee premises liability claim As in all personal injury cases, it's not enough to simply allege you were hurt. In order to invoke the court's power to recover money for you if you've been hurt on someone's property as a licensee, your attorney must fit your claim into what courts...
How Do Trespasser Cases Work in Texas?
Get the facts on how premises liability works for trespassing cases. Though it is true that trespassing affects the status of your case, it doesn't mean that there automatically wouldn't be a case. This is because a trespasser is still owed some general duties from the property owner. There are three types of visitors to...
What Determines Invitee Status in Texas Premises Liability Law?
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How Do Invitee Cases Work in Texas Premises Liability Law?
What to expect in your invitee premises liability case Texas is often referred to as a "business-friendly state." Depending on your perspective, that can mean lots of good or bad things. But it's safe to say that most people agree Texas can be very aggressive in promoting a legal environment designed to allow businesses to...
What Are the Invitee Case Elements in Texas Law?
Your lawyer must prove each of the elements of your invitee premises liability case Whether your on trial for theft, are suing a former business partner for breach of contract, or are filing a claim against a business where you got hurt, perhaps the most common feature between these three things is that the legal...
How Do You Arbitrate a Workplace Injury Case in Texas?
Overview of Texas Work Injury Arbitration and Binding Arbitration Agreements Used by Non-Subscribing Employers In this article we'll look at what the process of arbitration is and how the process takes place in a Texas non-subscribers work injury case. Questions Answered on This Page: What is arbitration?Does my Texas work injury case have to go...
What Obstacles Might You Encounter in Your Work Injury Case?
Here are the challenges you'll face in a Texas non-subscriber work injury case: No case is ever simple and all cases have their fair share of curveballs. This is why it's so important to have an attorney who knows how to deal with the challenges your case will encounter, and why it's important for you...
Do Employers Have a Duty to Provide Personal Protective Equipment (PPE) in the Workplace?
Employers Have a Duty to Provide "Personal Protective Equipment" (PPE): There are many workplaces in which employees must wear special protective equipment to prevent injuries. In such environments, employers have a duty to provide protective gear, as part of a larger duty to provide their employees with a safe workplace. However, some employers think this...
What Is the Employer’s Duty of Care Owed to Employees in a Work Injury Case in Texas?
What duty of care do employers owe to their employees? Over the years, the court has recognized that few relationships create a higher duty of care than that of the employer and the employee. Under an employer-employee relationship, the employer exercises control over the employee, makes profit from the employee's sacrifices, and is usually in...
What Is Vicarious Liability and How Does it Apply to Employers in a Work Injury Case in Texas?
Vicarious liability - The reason that employers are responsible for injuries caused by your co-workers. Workplace accidents happen all too frequently, and this article will discuss what happens when the negligence of another employee is responsible for your injury. With a few exceptions, the employer is typically at least partially responsible for any injuries that...
What Is a Post-Injury Waiver and How Does it Affect Your Case?
Non-Subscriber Employers May Use the Post-Injury Waiver Statutory Defense: When crafting the Texas Workers' Compensation Act, lawmakers wanted to maintain the ability of employers to opt of the workers' compensation system, while at the same time offering encouragement for businesses to join. As a consequence, employers who opt into workers' comp are granted immunity from...
What Is the Not in Course and Scope of Employment Defense?
The Not in Course and Scope of Employment Defense - Non-Subscriber Employers May Use This: Years ago, Texas lawmakers created the workers' comp system to reduce the number of work injury lawsuits, but the interest of respecting the rights of employers to choose for themselves, they gave employers the option to opt in or out...
Can Non-Subscriber Employers Use the Contributory Negligence Defense?
If your employer is a non-subscriber, they cannot claim the contributory negligence defense. When a worker is injured and their employer is a non-subscriber, often the employer will attempt to intimidate the injured worker from filing a lawsuit by suggesting that the worker was partially responsible for their own accident and that this will prevent...
What Are the Different Theories of Employer Liability in a Work Injury Case in Texas?
To prove that your non-subscribing employer was negligent, you must present a "theory of liability." Under Texas law, work injury cases asserted against employers who have opted out of Texas' workers' compensation program (those employers are often referred to as "non-subscribers") are predicated upon claims that the employer caused their employee's injuries through an act...
What Is the Sole Proximate Cause Defense?
Non-Subscriber Arguments in Work Injury Law: The Sole Proximate Cause Defense When the Texas Legislature passed the Texas Workers' Compensation Act, which created the modern workers' compensation system, they wanted to incentivize employers to opt into the system, while still maintaining employer's right to not participate in the workers' comp system. In this incentive package,...
Can an Employer Use the Employee Intoxication Defense in Texas?
Texas Non-Subscriber Defenses: Injury Caused by Intoxicated Employee When your employer doesn't provide workers' compensation coverage, that makes them a "non-subscriber." Non-subscribers are somewhat penalized by Texas work injury law. When lawmakers created the workers' compensation system, they provided for employers to opt in or opt out of coverage. With opting in, employers are paying...