It’s summer time again, and many are headed to the gym hoping to recapture their swimsuit physique. Seeing an ad for a fitness boot camp, you register for the class, and in connection therewith you sign a number of papers, including a release which … [Read more...]
RECOVERY OF MEDICAL EXPENSES IN TEXAS: PAID OR INCURRED
Personal injury claimants seek redress in our courts primarily for the recovery of monies meant to compensate them fully for their injuries. One of the primary sources of damages in this context are the monies spent to treat the injuries related to … [Read more...]
Loss-of-Use Recovery in Total Loss Cases: The Times They Are-a-Changing
As anyone who has had their vehicle destroyed in a car accident can tell you, replacing that vehicle can sometimes be the least of their worries. Because most of us are ill-prepared to handle the mounting costs of rental vehicles while we wait for … [Read more...]
The Texas Dram Shop Act, Part II: Defenses
I have previously discussed the basics of the Texas Dram Shop Act, and the means of imposing liability thereunder, HERE. There are, however, defenses available to establishments which may otherwise have served alcohol to an obviously intoxicated … [Read more...]
The Texas Dram Shop Act, Part I: Basics
Regulation of the provision of alcohol has existed in this state in one form or another since at least the 19th Century. As early as 1887, for example, the first iteration of Texas’ Dram Shop Act was passed.[1] This statute prohibited tavern keepers … [Read more...]
Beating the Timer: Statutes of Limitations and the Discovery Rule in Personal Injury Action
Most people are vaguely aware that there are deadlines associated with the filing of a lawsuit. In general these ‘deadlines’ can be classed under the moniker of “statutes of limitation.” As the Supreme Court has explained, “statutes of limitation…are … [Read more...]
Exception to the Rule: Worker’s Comp Non-subscriber Cases in Texas
Most workers who are injured on the job presume that their injuries will be subject to the protections (or, depending on whom you ask, the shortcomings) of the Texas Worker’s Compensation Act (the “TWCA”). However, under Texas law employers may … [Read more...]
Negligence in Texas: It’s Not Black and White
One of the most widely-held misconceptions about jury trials in Texas is that the jury decides who wins the case. In fact, jury trials in Texas utilize a system of special issues – questions which relate to the showings required based upon the … [Read more...]
Think Before You Post!: Discovery and Social Media Content
Although progress in the legal field can sometimes be slow, it does occur. The law has, for example, finally become aware of the prevalence and importance of social media in our day to day life. Under the new Texas Pattern Jury Charges, for example, … [Read more...]
Let it Snow! Let it Snow! Let it Snow!: Premises Liability for Ice and Snow on Sidewalks and Walkways
One of the more enduring legal myths in this state is that homeowners are liable to pedestrians who slip and fall on ice or snow on their sidewalks. In truth, fairly consistent decisions in our courts this past decade have whittled away any vestiges … [Read more...]
