The Rights of Victims in Drunk Driving Accidents According to studies, there are nearly 40 alcohol-related motor vehicle accidents in Texas every single day. Nearly 40% of all traffic fatalities in Texas in 2016 involved a driver under the influence … [Read more...]
Huge Verdicts Won’t Spur Settlement Talks In J&J Hip MDL
By Jess Krochtengel Law360, Dallas (December 2, 2016, 9:52 PM EST) -- Although a Texas federal jury hit Johnson & Johnson with a more than $1 billion verdict in the latest bellwether trial over the company's Pinnacle hip implants, fruitful … [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...]
Denial of Personal Injury Claims Based on Contributory Negligence
Auto insurance companies often deny personal injury claims or offer to pay only a small settlement on the basis that the accident was partially or completely caused by the negligence of the person making the claim. Let's assume for example that … [Read more...]
Uninsured & Underinsured Motorist Coverages
Hello, my name is James Bridge. I'm with the attorneys' office of Bailey & Galyen. I've been a personal injury attorney for 22 years. I would like to discuss with you, the difference between uninsured motorist and undersinsured motorist … [Read more...]
VICIOUS CIRCLE: TEXAS DOG BITE LAW AND STRICT LIABILITY
Although numerous theories can be alleged in lawsuits relating to dog bites, strict liability is a theory most frequently pleaded. In such a case, the controlling issue to be determined is whether the party against whom suit is brought has knowingly … [Read more...]
One Bite and You’re Out: Strict Liability for Dog Bites in Texas
One means of imposing liability on the owners of dogs for attacks which result in injuries is the imposition of strict liability against such dog owner. [1] To recover on a claim of strict liability for injury by a dangerous domesticated animal, such … [Read more...]
Sweet Old Lady
Ronald Reagan once said it is time to restore the American precept that each individual is accountable for his actions. Personal Responsibility has long been held as a conservative value and rightfully so. Society wants, and needs, people to be … [Read more...]
Hold Your Horses!: Limitations on Liability in Recreational Equine Activities
Few things are as synonymous with Texas culture and heritage as horseback riding. Yet it is an activity which offers numerous risks of injury. In recognition of these known risks, and the importance of livestock to the state, the Texas Legislature … [Read more...]
WHO MAY BRING A CLAIM WHEN SOMEONE IS KILLED?
When someone is killed and it was the fault of another person or company Texas law allows certain family members to file suit for wrongful death. These family members include the decedent's spouse, children, and parents. No one else may bring a … [Read more...]
Extended Limitations Period for Personal Injury Claims Based on Criminal Sexual Conduct
Attorneys can generally, almost instinctively, name the applicable statute of limitations for a particular cause of action. Under Texas law, however, the statute of limitations applicable to a particular cause of action may vary based on the facts … [Read more...]
The Truth About the Family Member Exclusion in Texas Automobile Policies
At one time most Texas automobile liability insurance policies included a so-called family member exclusion which foreclosed liability coverage for any claim made by a family member against a family member. This exclusion was included in these … [Read more...]
