Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

The owner of Innovations Automotive, a Houston body shop, is learning first-hand about the law of premises liability. Charged late last week with having a firearm accessible to a child and scheduled to appear for a court date later this month, Milton Almanza faces criminal charges – and could face civil charges, too – stemming from the tragic and unfortunate death of a 10-year-old boy. The victim, Kenneth Govea, fatally shot himself with a .25 caliber semi-automatic pistol he found in Mr. Almanza’s shop.

The tragic case of the boy, the shop owner, and the gun are important for business owners throughout the state of Texas. Simply put, the law of premises liability makes owners legally responsible for the dangers associated with their shop. For Mr. Almanza, the tool that he hoped would give his shop greater security is actually the weapon that could cost him time in jail and thousands of dollars in civil damages.

Want to know more about premises liability and the unseen legal risks that you and your business might face? For a free consultation that could save you more than you might imagine, talk to the injury experts at Fears | Nachawati. We’re in the business of helping you! Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. 

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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. 

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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.

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Eighty-seven year old Fred Donald Krusemark of Dallas died recently of injuries sustained in a high-speed crash at Texas Motor Speedway.  Krusemark, a World War II Navy veteran, was riding along with a professional driver on the course as a reward for being a blood donor. 

The car Krusemark was riding in blew a tire on the course, and crashed into a wall.  Krusemark died two days later from blunt force trauma to the head and neck.  The driver of the car remains in critical condition. 

If you have been injured in a car crash, the attorneys of Fears | Nachawati would be happy to review your case and offer you a free consultation regarding your situation.  Call us at 1.866.705.7584 today. 

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BP has pledged that it will not seek to prevent lawsuits arising from the Gulf Oil Spill based on controversial releases obtained from victims of the blast.  Early reports accused the oil giant of improperly asking workers who survived the incident to swear that they weren't injured and promise they won't sue.  Reports say that workers were presented with these agreements immediately after being rescued, under highly distasteful (and potentially actionable) circumstances.  Fears | Nachawati represents victims of the Gulf Oil Spill, including those who have signed releases under questionable circumstances and those who have been asked to sign releases.  If you have been affected by the Gulf Oil Spill, call us today at 1.866.705.7584 to discuss your situation with our experienced legal staff.  

In other Texas legal news, the Texas Supreme Court has ruled that ice does not create an unreasonable risk of harm that would expose a landowner to premises liability for a business invitee.  In the case at hand, a man was injured when he slipped and fell on accumulated ice in the parking lot of a hospital.  He sued the hospital for his injuries.  The Court's ruling means that the hospital isn't liable for injuries caused by icy conditions that occur naturally.  If the hospital had created the icy condition, or had altered the parking lot in such a manner that a dangerous situation arose, the result would likely have been different and the man could have possibly sued for his injuries.   

In national legal news, President Obama has nominated Elena Kagan to be a Justice of the United States Supreme Court.  Ms. Kagan currently serves as the Solicitor General of the United States, where she argues cases in the Supreme Court on the government's behalf.  Prior to that appointment, Ms. Kagan was the Dean of Harvard Law school.  She has been nominated to fill the seat being vacated by Justice John Paul Stevens.  If confirmed, Ms. Kagan will be President Obama's second appointee to the Supreme Court. 

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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:

1. A condition existed on the defendant’s property that posed an unreasonable risk of harm to a person present on the property.
2. 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.
3. The defendant should have anticipated that a person on the property would not discover the danger or would fail to protect themselves against it.
4. 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.
5. The plaintiff was injured.
6. 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.

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