Premises Liability : Texas Injury Law Blog

Posted on August 20, 2010 by Bryan Fears

Man died at John Peter Smith hospital pharmacy

A man died earlier this week in the pharmacy of John Peter Smith hospital in Fort Worth. Witnesses report that the man was discovered slumped over in a chair. Help was called, but medical personnel did not arrive for at least ten minutes. When help did arrive, a non-functional defibrillator was first used on the victim but apparently it was not charged up. Emergency responders then tried to use a second defibrillator, which also did not work. Medical workers then tried CPR and took the man away from the pharmacy for further treatment. Their attempts to revive the man were unsuccessful.

If you or a loved one has been injured or hurt on someone else's property, you may have legal rights. Call Fears | Nachawati today to discuss your potential case. 1.866.705.7584.

Tags: Fatality, Premises Liability, dallas wrongful death attorney, death, fort worth wrongful death lawsuit, liability, negligence, premises, wrongful

Posted on August 3, 2010 by Bryan Fears

23 injured in condo balcony collapse

23 people were injured when the balcony of a condominium unit in Austin collapsed. The incident occurred during a party at the Garden Court Condominiums about four miles from downtown Austin. Authorities believe that 30 people were on the balcony when it collapsed. Area hospitals treated the 23 hurt individuals for injuries ranging from cuts and scratches to bone fractures. Fortunately, no one was killed in this incident.

If you have been injured as a result of the negligence of a property owner, you may be able to seek reimbursement of your medical costs and compensation for your injuries, time lost from work, and other damages. Call Fears | Nachawati today at 1.866.705.7584 to discuss how we can help you.

Tags: Austin injury attorney, Austin injury law firm, Premises Liability, austin personal injury

Posted on July 6, 2010 by Bryan Fears

Fan hurt in fall at Rangers Ballpark

A fan fell thirty feet trying to catch a foul ball during the 5th inning of Tuesday's Rangers game. According to the team spokesperson, the fan, a man, fell from the club level into the lower bowl seating area. The man was conscious and responsive when paramedics reached him, and was taken to John Peter Smith Hospital in Fort Worth for further treatment. Several other spectators were injured when the man landed on them.

If you have been hurt on someone else's business property, the attorneys and legal professionals of Fears | Nachawati are here to help you get justice. Call us today for a consultation at 1.866.705.7584.

Tags: Arlington, Fort, Injury, Personal, Premises Liability, Texas, firm, law, liability, premises, worth

Posted on June 8, 2010 by Bryan Fears

Five injured in explosion in restaurant

Five people were injured in a gas explosion in a Mexican restaurant in Gainesville, Texas. Three women, a young girl and a toddler are being treated at Parkland Memorial Hospital in Dallas for burns. One victim is in critical condition, while the other four are in serious condition. The natural gas explosion occurred in the restaurant's kitchen. Investigations continue.

If you have been injured on business premises or on someone else's property, you may be entitled to compensation for your injuries, lost wages, and/or pain and suffering and other damage. Call the experienced attorneys of Fears | Nachawati today at 1.866.705.7584 to discuss your case.

Tags: Dallas, Gainesville, Premises Liability, burns, explosion, fire, firm, gas, injuries, law

Posted on April 20, 2010 by Bryan Fears

Texas Supreme Court upholds liability against bar owner

The Texas Supreme Court recently upheld a lower court decision holding a bar owner responsible for injuries a patron sustained as a result of a brawl with others at the bar.

The fight occurred after 90 minutes of escalating tensions between a group of fraternity members and a wedding party. During that hour and a half, members of the two groups exchanged insults, and some shoves and pushes. After the fight broke out, Plaintiff Bradley Smith entered the melee to rescue a friend. Smith was attacked and suffered severe injuries including a skull fracture and brain damage.

The Court rejected Del Lago's argument that it should not be liable for the criminal acts of its patrons, reasoning that the establishment had a duty to protect Smith since the danger became foreseeable during the 90 minute lead up to the fight.

The case is Del Lago Partners, Inc. et al v. Smith, No. 06-1022.

If you have been injured, contact the attorneys of Fears | Nachawati today to receive free legal assistance. Phone us toll free at 1-866-705-7584 to speak with one of our Texas personal injury lawyers.

Tags: Legal News, Premises Liability, dallas personal injury

Posted on March 4, 2010 by Bryan Fears

Texas woman files lawsuit against apartment complex after fall from retaining wall

A Texas woman has filed a premises liability lawsuit against an apartment complex after falling while walking her dog. According to the lawsuit, a lack of adequate lighting and guard rails is to blame for her fall from a retaining wall at the Tyler, Texas, apartment complex.

The plaintiff, Terese Swords, filed the premises liability lawsuit against Dial Equities, doing business as The Arbors on Chimney Rock, on March 2^nd.

The incident in question took place on the evening of December 13, 2008. Swords, according to her complaint, was walking her dog through a pedestrian common area of the complex. She was on her way to an area designated as a pet region.

As she was walking her dog, Swords claims in her Texas premises liability lawsuit, she fell off of an unmarked and unguarded wooden retaining wall. Swords claims that her leg collided with a tree stump, causing her leg to break. Swords further claims that she was lying on the ground for more than 30 minutes before anyone answered her cries for help.

In her complaint, Swords charges the complex with negligence for failing to maintain the area and for failing to warn of the hazardous condition. Swords argues that the area in question is unreasonably dangerous because there is no guard railing and it lacks sufficient lighting.

Swords seeks more than $75,000 in damages, including damages for physical impairment, anguish, emotional distress, physical pain and suffering and disfigurement and scarring, along with damages for her medical expenses.

To read more on this Texas premises liability lawsuit, click here for the full article.

Tags: Dallas premises liability, Fort Worth premises liability, Premises Liability

Posted on February 26, 2010 by Bryan Fears

Texas woman sues Wal-Mart after falling over packaging material left on floor

A premises liability lawsuit has been filed by a Texas woman who tripped over packaging material while shopping at the Beaumont Wal-Mart.

The plaintiff is Susan Henderson, who claims in her Texas premises liability lawsuit that she was shopping in the Wal-Mart on Christmas Eve of 2007. According to allegations made in the lawsuit, Henderson tripped and fell over packaging material left on the floor by a store employee.

Henderson states that the fall caused her permanent and severe injuries.

In her premises liability lawsuit, Henderson claims that Wal-Mart should have known that the material on the floor presented a dangerous condition.

Henderson alleges that Wal-Mart was negligent on several counts, including failure to properly train and supervise employees, failure to provide proper warning of the dangerous condition and failure to hire competent employees.

Damages sought by the plaintiff in her lawsuit include pain and suffering, physical impairment and medical expenses.

To read more about this Texas premises liability lawsuit, click here for the full article from the Southeast Texas Record.

Tags: Arlington premises liability, Fort Worth premises liability, Premises Liability

Posted on February 26, 2010 by Bryan Fears

Personal injury lawsuit filed against Texas restaurant over falling light fixture

A Texas woman has filed a personal injury lawsuit against a restaurant after being struck by a falling object at the establishment.

According to her Texas personal injury lawsuit, plaintiff Eliazar Zapata Spears was hit on the head by a falling light fixture while patronizing The Fish Spot, a Texas City eatery, in April of 2008.

Spears claims that no one touched the lamp but rather that it fell because of the vibrations caused by the loud music; the restaurant was holding a karaoke night at the time of the incident.

In her Texas personal injury lawsuit, Spears claims that the restaurant breached its duty to its customers by failing to keep the area safe from falling objects. The suit further alleges that the defendants should have known about the risk of putting unsecured items over the heads of areas where patrons would be situated.

Representatives of The Fish Spot, Clint Waddel, Vickie Pike, Mary Melghem and Leslie Melghem, have also been named as defendants.

Spears is seeking damages for lost wages, pain and suffering and mental anguish.

Click here to read more about this Texas personal injury lawsuit.

Tags: Dallas premises liability, Garland premises liability, Premises Liability

Posted on February 8, 2010 by Bryan Fears

Proving fault in a slip and fall case

“Slip and fall” is a term used to describe a personal injury case in which the person slipped, tripped or fell on someone else’s property and was injured as a result. Slip and fall cases are one type of claim that falls under the broader category of premises liability.

Property owners have a legal duty to exercise a reasonable level of care in maintaining a safe premises in order to prevent injury to visitors.

Therefore, a property owner has a duty to make reasonable inspections of their property and, if a dangerous condition is detected, to either repair it or provide adequate warning of the condition.

When a property owner fails to use reasonable care in managing and maintaining their property and someone on their property is injured as a result, the property owner can be held liable.

Whether or not the property owner will be held liable depends on whether your can prove that the property owner was at fault. In order to bring a successful slip and fall claim, you must be able to prove one of the following:

The property owner created the dangerous condition.
The property owner knew about the dangerous condition and failed to correct it.
The property owner should have known about the dangerous condition because a reasonable person would have discovered and corrected it.

Keep in mind that the court will also consider whether the injured person’s own carelessness contributed to the accident. In Texas, the rule of comparative negligence applies to slip and fall cases. As a guest on someone else’s property you have a responsibility to exercise reasonable caution and avoid open and obvious dangers.

If you have been injured on someone else’s property and believe that you may have a slip and fall claim, you should seek the immediate advice of a personal injury attorney. A personal injury lawyer will be able to evaluate the facts of your case and determine whether you have a valid slip and fall claim.

Tags: Fort Worth premises liability, Plano premises liability, Premises Liability

Posted on January 31, 2010 by Bryan Fears

Tips for preventing slip and fall accidents in snow and ice

Winter weather conditions such as snow, sleet, ice and freezing rain all pose the risk of slip and fall accidents. Particularly in Texas, where pedestrians are less accustomed to traveling in snow and ice, we must take extra care when walking in winter weather conditions.

You can help prevent slip and fall accidents caused by snow and ice by following these safety tips:

Remove the snow from the bottom of your shoes before entering a building.
Slow down and take smaller steps.
Be aware of the surface conditions where you’re walking and walk around, ran than through, patches of snow and ice when possible.
Focus your attention on walking.
Wear shoes with rubber soles that have good traction.
Give yourself extra time to get where you’re going so you can walk more slowly.
Avoid the temptation to walk with your hands in your pockets. You need your arms to restore your balance if you slip.
Use handrails whenever possible.

Snow and ice are two of the most common causes of slip and fall accidents. Snowy and icy conditions can cause slick surfaces on sidewalks, stairs and parking lots that can pose a serious hazard to pedestrians. Ice and snow can also hide underlying defects in surfaces, such as cracks and potholes, that can lead to slip and fall accidents.

Slip and fall accidents account for 20,000 deaths and 300,000 serious injuries each year, so it’s wise to exercise caution whenever you’re out walking, but particularly when ice and snow are present.

If you or someone you love was injured in a slip and fall accident caused by an icy sidewalk, contact a Texas personal injury attorney to learn about your legal options.

Tags: Arlington premises liability, Fort Worth premises liability, Premises Liability

Posted on January 22, 2010 by Bryan Fears

Common causes of slip and fall injuries

You’re walking down the street when a crack in the sidewalk causes you to trip and fall. You’re browsing the aisles at your local grocery store when water on the floor causes you to slip and fall. These are both examples of the types of hazardous conditions that can cause what’s known in legal terms as a “slip and fall” injury.

Any number of dangerous conditions can cause a slip and fall injury, but there are certain common causes that Texas personal injury lawyers regularly encounter. These include:

Slippery substances, such as grease or ice
Lack of lighting
Poor lighting
Lack of handrails on stairways
Uneven walking surfaces
Cracked walking surfaces
Holes in walking surfaces
Loose tiles

If you have been injured after a slip and fall accident caused by a dangerous condition on someone else’s property, it is in your best interest to seek the counsel of an experienced Texas personal injury attorney.

Tags: Premises Liability, fort worth personal injury, plano personal injury

Posted on January 2, 2010 by Bryan Fears

Elements of a successful Texas premises liability lawsuit

If you are injured while on someone else’s property, you may be able to bring a personal injury lawsuit against the owner. This type of personal injury lawsuit is known as a premises liability lawsuit. An example of a premises liability claim is a slip and fall accident at a grocery store.

In order to bring a successful premises liability lawsuit in Texas, you must be able to prove each of the following six elements:

A condition existed on the defendant’s property that posed an unreasonable risk of harm to a person present on the property.
The defendant knew, or should have known in the exercise of ordinary care, that the condition of their property posed an unreasonable risk of harm.
The defendant should have anticipated that a person on the property would not discover the danger or would fail to protect themselves against it.
The defendant was negligent in that they created the condition, knew about the condition and negligently failed to correct it or should have known about the condition.
The plaintiff was injured.
The condition of the defendant’s property caused the plaintiff’s injury.

If you were injured because of a dangerous condition on someone else’s property, contact the Texas personal injury lawyers of Fears | Nachawati today to receive free legal assistance. Simply email us or phone us toll free at 1.866.705.7584.

Tags: Arlington, Dallas, Premises Liability, liability, premises

Posted on December 22, 2009 by Bryan Fears

Plaintiff status in Texas premises liability law

In Texas, as in most states, the duty of care a landowner owes to a person on their property depends on that person’s status. Your status is the circumstances under which you entered the premises, and this status can affect your ability to bring a successful premises liability claim.

In terms of their relationship to the landowner, a person is placed into one of three categories: invitee, licensee or trespasser. The amount of care the landowner owes you depends on how you are categorized.

Invitee: An invitee is someone who entered the premises with the owner’s knowledge and for the mutual benefit of both parties (a commercial or business purpose). An example of an invitee is a customer in a store.

Invitees are owed the most stringent duty of care. A landowner must protect an invitee from both the dangerous conditions of which the owner is aware as well as the dangers which the owner should have been aware of after reasonable inspection.

Licensee: A licensee is someone who entered the premises for their own benefit, pleasure or convenience with the owner’s permission. An example of a licensee is a dinner guest.

A landowner is charged with the duty of warning the licensee against dangerous conditions of which the owner is aware.

Trespasser: A trespasser is someone who entered the premises without a lawful right or permission to do so. An example of a trespasser is a vandal.

Typically, a landowner owes only a minimal duty of care to a trespasser, which is the duty not to injure them willfully or intentionally. There are limited exceptions to the general no duty of care rule related to artificial conditions that are highly dangerous to children.

If you have been injured on someone else’s property, contact the Texas personal injury lawyers of Fears | Nachawati today for free legal advice. To speak with one of our experienced Texas personal injury attorneys, email us or phone us toll free at 1.866.705.7584.

Tags: Dallas premises liability, Plano premises liability, Premises Liability

Posted on November 12, 2009 by Bryan Fears

Mexican restaurant is sued after trip-and-fall accident

A Texas woman is suing a Mexican restaurant after tripping and falling while on their premises

Renovations were being performed at Bravos Mexican Restaurant in December of 2008. Sandra Hamm was a patron at Bravo’s Mexican restaurant when, according to the lawsuit, her foot got caught in a seam of the unfinished floor.

Hamm then lost her balance and fell, suffering what the lawsuit describes as “serious and permanent bodily injuries.”

The lawsuit names both the restaurant and the company performing the remodeling work, Engineered Contractors, as defendants.

Hamm’s personal injury lawsuit claims that Engineered Contractors was negligent in the way that they performed their work and in failing to give an adequate warning to those walking in the area where the incident occurred.

In this premises liability lawsuit, Hamm is seeking $50,000 in damages.

Click here to read more on this Texas personal injury premises liability lawsuit.

If you were injured on someone else’s property and believe you may have a personal injury lawsuit, contact Fears | Nachawati today. To speak with one of our Texas personal injury lawyers, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Tags: Arlington premises liability, Dallas premises liability, Premises Liability

Posted on October 25, 2009 by Bryan Fears

Premises liability: Inadequate security

If you were injured on someone else’s property, the owner of that property may be liable for your damages. Certain circumstances give away to what is known as a “premise liability” lawsuit, which is one basis for a Texas personal injury lawsuit.

One type of premises liability lawsuit arises when inadequate security contributes to a person being the victim of some type of criminal act. Such criminal acts can include robbery, car theft, assault, kidnapping, rape or even murder.

Many inadequate security claims arise from attacks perpetrated in shopping centers, hotels or apartment complexes. When you are on one of these types of properties, you have a reasonable expectation of security and safety – which means the owner of the property owes you a duty to take reasonable steps to maintain a safe and secure environment.

Factors that can contribute to inadequate security include:

Lack of trained security staff on the premises
Poor lighting in parking lots or parking garages
Inadequate security systems within a building
Overgrown trees
Lack of security cameras

If you have been the victim of a criminal act on a premises with inadequate security, contact Fears | Nachawati today for free legal advice about a potential premises liability lawsuit. You will receive a no charge legal consultation from one of our Texas personal injury lawyers. You canemail us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Tags: Fort Worth premises liability, Plano premises liability, Premises Liability

Posted on October 20, 2009 by Bryan Fears

Texas man files lawsuit over burns suffered in explosion

A Texas man has filed a lawsuit against two Nome residents alleging he was burned in an explosion while on their property.

The plaintiff, James Anderson, says he was at the home of Virgil and Rodney Martel performing yard work on June 23^rd. At that time, claims Anderson, he heard some noises coming from a building on the property.

Anderson decided to investigate the sound, and he entered the building where he found 15-year-old Kevin Martel welding a handle onto a container. While Anderson was standing there, the container exploded, causing what the suit describes as “catastrophic injuries” to Anderson.

According to Anderson’s lawsuit, the container had previously contained some type of fuel or diesel and had not been properly cleaned in preparation for the welding.

In his lawsuit, Anderson is seeking an unspecified amount of damages for lost wages, medical expenses, physical injuries and pain, mental anguish, scarring, physical impairment, disfigurement and loss of household services. Additionally, Anderson is seeking pre- and post-judgment interest.

For more on this Texas personal injury lawsuit, click here for the complete article.

Fears | Nachawati is a Texas personal injury law firm, representing victims of all types of accidents. To receive free legal advice from one of our Texas personal injury attorneys, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Tags: Arlington personal injury lawyer, Premises Liability, dallas personal injury lawyer

Posted on October 7, 2009 by Bryan Fears

Texas woman files personal injury lawsuit over hotel insect infestation

A Texas woman has filed a personal injury lawsuit against a Galveston hotel. The Texas personal injury lawsuit, which is being brought by Stephanie Griffin of Beaumont, Texas, claims Griffin suffered an attack by an infestation of bugs in the hotel.

Padmanabh Inc., the operator of the La Quinta where the alleged attack occurred, has been named as the defendant. In the personal injury lawsuit against the hotel’s operator, Griffin, a grandmother of three, claims she was unable to enjoy her vacation with her grandchildren because of the incident.

According to Griffin, after encountering the bugs in her La Quinta room, she suffered itching, severe pain and extreme discomfort. Griffin immediately sought treatment at the University of Texas Medical Branch. Doctors there diagnosed Griffin with insect bites.

Griffin says she had to seek follow-up treatment for persistent skin irritation and pain after returning home from her trip.

In her Texas personal injury lawsuit, Griffin is seeking medical expenses and lost wages. She has also requested a jury trial.

To read more about Griffin’s Texas personal injury lawsuit, click here for the complete story.

Fears | Nachawati is a Texas personal injury law firm that provides victims with free legal advice on their potential lawsuit. To have one of our personal injury lawyers review your case at no charge, contact us today.Email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Tags: Premises Liability, dallas personal injury, plano personal injury

Posted on September 19, 2009 by Bryan Fears

I was hurt on someone else's property. Can I sue the property owner? Premises liability

Sometimes when a person is hurt on someone else’s property, the injured person can bring a personal injury lawsuit against the property owner. Premises liability is the area of law that makes a property owner liable for injuries suffered by a person while on their premises. Premises liability law applies to both private and commercial properties.

When we think about premises liability, a “slip and fall” accident is usually one of the first things that comes to mind. However, there are a wide range of incidents leading to an injury that fall under premises liability law, including:

Dog bites
Trip and falls
Being struck by falling objects
Being injured by malfunctioning doors or an elevator
Being assaulted because the property does not provide adequate security

Not every injury sustained on someone else’s property is grounds for a Texas personal injury lawsuit. Premises liability comes into play only in situations where the accident was caused by the property owner’s negligent maintenance or operation of their premises.

To be successful in bringing a lawsuit under the theory of premises liability, you must be able to show not only that a condition presenting an unreasonable risk of harm was present on the property, but also that the property owner knew, or should have known, about the condition. Additionally, you have to show that the property owner had sufficient time to discover and correct the dangerous condition.

If you were injured while on someone else’s property, contact Fears | Nachawati today. You will speak with a Texas personal injury lawyer who will answer your questions about premises liability law and determine whether you have a claim.

For your free consultation with a Texas premises liability lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Tags: Premises Liability, dog bite, fort worth personal inury, slip and fall

Posted on September 16, 2009 by Bryan Fears

Trial underway in family's lawsuit against Texas Motor Speedway for son's injuries

On October 20, 2006, the Flower Mound Volunteers baseball team headed to the Texas Motor Speedway to celebrate the end of their season. What should have been a day of fun and camaraderie ended in tragedy when one of the young players was hit by a go-kart-type vehicle, leaving him paralyzed and confined to a wheelchair for the rest of his life.

The victim, Ryan Davies, then 11 years old, was the first to drive the Bandolero, the 500-pound miniature race car by which Davies was later struck. One by one, each of Davies’ teammates took turns driving the Bandolero, often at speeds as high as 70 mph.

The ride actually starts in an adjoining parking lot where the driver is strapped into the car and then proceeds to the track. Davies and his teammates were tossing a football in a corner of that same lot while waiting for their turns.

As one of Davies’ teammates was headed across the lot in the Bandolero to enter the track, he lost control of the vehicle. The boy missed hitting a nearby trailer and several parked cars before crashing into Davies.

Ryan’s parents, Karen Zina and William Davies, filed a lawsuit against the Texas Motor Speedway seeking damages which include the $2 million in medical expenses the family has already incurred. This Monday the case began its second week in court.

In the lawsuit, Davies’ parents argue that the Texas Motor Speedway bears 100% of the responsibility for the accident because of its failure to provide signs, barricades, proper instructions and a “kill-switch” on the car.

The Texas Motor Speedway filed a third-party action against the boy who struck Davies and the boy’s parents. Speedway officials argue that the boy’s parents are responsible because they knew he was “incompetent” to drive the car due to a “mental and/or emotional condition.”

In addition to medical expenses, Davies’ parents are also seeking damages for Davies’ pain, suffering and disfigurement. The parents are seeking additional damages for mental anguish for themselves and Davies’ younger brother, all of whom witnessed the accident.

For more details about this Texas personal injury lawsuit and trial, click here for the complete story.

If you or a loved one has been injured in an accident, contact Fears | Nachawati today for important advice about your legal rights. You will receive free legal assistance from one of our Texas personal injury lawyers. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for your consultation.

Tags: Premises Liability, dallas personal injury, fort worth personal injury, personal injury lawsuit

Posted on September 6, 2009 by Bryan Fears

Man sues after hitting head on water slide

A Texas man has filed a personal injury lawsuit against a fitness center, alleging the fitness center’s negligence caused his pool accident.

In August of 2008, Steven Rank was swimming in a pool located at Life Time Fitness Inc. in Allen, Texas. Rank planned to use the pool’s water slide but hit his head on a bar above the slide’s entrance. The structure in question is an unpadded metal crossbar.

Rank’s Texas personal injury lawsuit accuses Life Time Fitness of negligence, claiming that the business failed “to maintain the premises in question in a reasonably safe condition and free of hazards to the plaintiff and other invites entering the premises.”

In addition to failure to maintain and inspect the premises, the personal injury lawsuit also accuses Life Time of negligence in failing to properly train its employees and in failing to implement proper rules, procedures or polices to ensure that the premises was safe.

Damages sought in the personal injury lawsuit include those for physical impairment, medical expenses, pain and suffering and mental anguish.

To read more on this Texas personal injury lawsuit, click here.

If you believe you may have a personal injury lawsuit due to injuries suffered in an accident, contact Fears | Nachawati today. You will receive free legal advice from a Texas personal injury lawyer. Just call us on our toll-free helpline at 1.866.705.7584 or email us at info@fnlawfirm.com.

Tags: Allen Lifetime Fitness lawsuit, Pool Accidents, Premises Liability, dallas pool accident attorney, dallas pool accident law firm, dallas pool accident lawyer, fort worth pool accident attorney, fort worth pool accident law firm, fort worth pool accident lawyer, pool accident attorney, pool accident attorney dallas, pool accident attorney fort worth, pool accident law firm dallas, pool accident law firm fort worth, pool accident lawyer dallas, pool accident lawyer fort worth

Posted on August 13, 2009 by Bryan Fears

What is a slip and fall?

A slip and fall is a type of personal injury case that arises from the victim slipping and falling on another person’s property. It is based on a claim that the owner of the property was negligent in failing to correct the dangerous condition that caused the slip and fall.

Not all slip and falls can be the basis for a personal injury lawsuit. Falling is a normal part of everyday life. From time to time, all of us trip and hurt ourselves without any fault on the part of the property owner. Therefore, the most critical aspect of a slip and fall case is to prove that the property owner was negligent and is thus responsible for the victim’s injuries.

Property owners have a general duty to keep their property safe. To hold the property owner responsible, one of the following three conditions must apply to the incident:

The owner of the property, or one of their employees if applicable, caused the worn or torn spot, the spill or the dangerous surface that resulted in the slip and fall.
The property owner knew about the dangerous condition but didn’t do anything about it.
The owner of the property should have known about the dangerous condition because a reasonable person tending to a piece of property would have detected the problem and taken steps to correct it.

This third situation is the most common basis for a slip and fall personal injury claim. A dangerous condition is one that poses an unreasonable risk of injury. Dangerous conditions can be permanent, such as a crack in the sidewalk, or temporary, such as an icy sidewalk.

Types of dangerous conditions include:

Potholes
Poor lighting
Spilled liquids
Cracked sidewalks
Broken stairs
Snow or ice on the ground’s surface
Torn carpeting
Changes in flooring
Lack of handrails

Have you been injured in a slip and fall accident? Then you need to contact the Texas personal injury attorneys of Fears | Nachawati for free legal advice. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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Posted on August 10, 2009 by Bryan Fears

Construction site accident facts and statistics

Every day in the United States, workers are injured while on the job. Sadly, the number of injuries – and fatalities – is far higher for those working in the construction industry. In fact, in 2004, the Federal Bureau of Labor Statistics stated that the construction industry has the second highest number of fatalities of all industries in the U.S. The study also revealed that construction workers have a higher-than-average number of days off from work due to illness or injury.

Other studies have indicated that one out of every ten construction workers will be injured on the job at some point during their career.

The stakes are even higher for construction workers in Texas. Since 1992, according to the Bureau of Labor Statistics, Texas has ranked either first or second in the number of workplace injuries per year – construction site accidents accounted for the largest number of those injuries. In 2004, for instance, Texas was in second place with 114 fatalities in the construction sector.

Other shocking statistics related to construction site accidents include:

· Research conducted by the National Institute for Occupational Safety and Health showed that, in 2007, construction accidents caused the highest number of fatalities of any industry.

· In 2007, over 1,100 construction-related fatalities were reported.

· Falls are the most common cause of fatal construction site accidents.

· After falls, transportation accidents, falling objects and electrocution are the most common causes of construction-related deaths, respectively.

· Of all workers compensation costs across the country, 15% are due to construction site accidents.

As these statistics show, the construction industry is a highly dangerous occupation that puts workers at serious risk of suffering an on-the-job injury. If you or a loved one has been injured in a construction site accident, contact us today.

The Texas personal injury lawyers of Fears | Nachawati provide free legal advice to victims of construction site injuries. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Tags: Accident, Law Firm News, Legal News, Premises Liability, Texas construction workers, Work Accidents and Injuries, construction on the job injury, construction site accident, construction site injuries, construction work accident, construction worker injury, dallas on the job injury, dallas on the job injury attorney, dallas work accident, dallas work injury, dallas work injury attorney, on the job injury attorney dallas, on the job injury construction, work

Posted on July 31, 2009 by Bryan Fears

12-year-old boy killed in construction site accident

A horrible construction site accident ended in the death of a twelve-year-old boy.

The accident took place at a construction site in Azle, Texas, where a crew from American Gunite Co. was installing an in-ground residential pool in the Covered Bridge Estates subdivision.

At the scene was a truck whose bed was filled with sand. The victim and his 8-year-old brother climbed into the bed of the truck to play in the sand.

After a few minutes in the truck, says the younger brother, the boy was buried in the sand where he eventually suffocated. The younger brother was buried up to his waist in the sand mixture.

The disappearance of the two boys was not noticed until the hose used to pump out the sand became clogged. Upon realizing that the boys were stuck in the sand, workers immediately began digging the boys out with shovels and performed CPR on the victim until paramedics arrived.

The 12-year-old was pronounced dead at Cook Children’s Medical Center. The 8-year-old boy had a broken leg.

To read more about this tragic Texas construction site accident, click here for the full article.

If you or someone you love has been injured or killed in a construction site accident, contact Fears | Nachawati today for a free legal consultation. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Tags: American Gunite Co., Azel personal injury, Azel personal injury attorney, Azel personal injury law firm, Azel wrongful death, Azel wrongful death attorney, Azel wrongful death law firm, Covered Bridge Estates, Premises Liability

Posted on July 26, 2009 by Bryan Fears

Denton woman sues after slip and fall on a soapy CVS floor

A Denton, Texas, woman who slipped on soap on her way out of a CVS Pharmacy is now suing for her personal injuries.

The slip and fall victim is Denton resident Vicky Avelar. The suit named both CVS Pharmacy Inc. and the owner of the property where she fell as defendants. Avelar is seeking $150,000 in damages for her injuries.

According to her personal injury lawsuit, Avelar suffered physical pain, mental anguish, disfigurement and impairment as a result of the accident. She is also suing for her medical expenses.

The suit alleges that the soap at the front entrance of the store, Little Elm CVS, created a dangerous condition. It further alleges that the defendants either knew about the soap or should have known about the soap.

In her suit, Avelar argues that the defendants had a duty to rectify the condition and to warn her that the condition existed.

Click here to read more on Avelar’s personal injury lawsuit.

Fears | Nachawati represents victims of slip and fall accidents in bringing Texas personal injury lawsuits. Contact us today for a free legal consultation about your potential claim. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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Posted on July 9, 2009 by Majed Nachawati

Hiring the Best Personal Injury Lawyer

People often do not know where to turn when it comes to dealing with a serious personal injury case or finding the best or top injury lawyers. Here are some factors you should consider when it comes to hiring a personal injury lawyer:

Factors important in hiring the Best Personal Injury Lawyer:

1. Has the lawyer or law firm your are considering hiring ever tried a lawsuit? If so, when was their last trial and what was the outcome?

2. Has the lawyer you are considering hiring ever been disciplined by the State Bar of Texas? (check www.texasbar.com)

3. Has the lawyer ever completed a judicial clerkship--a prestiguous honor bestowed on only approximately 2% of lawyers in the nation?

4. Does the lawyer you are considering hiring sound well-informed and knowledgeable regarding personal injury law?

5. Has the lawyer ever settled a case or tried a case and obtained a significant recovery?

6. Does your lawyer have the necessary resources to prosecute your case?

7. Can you relate to the lawyer and does your intuition tell you that the lawyer is trustworthy?

8. Where did the lawyer go to law school, and more importantly, what has the lawyer's practical experience been since law school? Remember, years of experience does not necessarily mean a more competent lawyer.

This list of factors is non-exclusive. The author of this article, attorney, Majed Nachawati, is frequently quoted by newspapers, media, and has been recognized as a top lawyer. Mr. Nachawati is a former judicial law clerk and has settled and tried numerous lawsuits to verdict resulting in large recoveries for his personal injury clients. Questions or comments can be emailed to mn@fnlawfirm.com or by telephone - 1.866.705.7584.

Posted on July 9, 2009 by Majed Nachawati

Hiring the Best Personal Injury Lawyer

People often do not know where to turn when it comes to dealing with a serious personal injury case or finding the best or top injury lawyers. Here are some factors to consider when considering whether hiring a lawyer: