P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers » Premises Liability Claims

Bill Easing Ability For Workers To Sue Property Owners Passes Texas House

Bob Kraft — Thu, 14 May 2009 13:57:07 +0000

The AP reports, “Legislation that would make it easier for certain injured workers to sue property owners for negligence has passed the Texas House.” The legislation, “supported by personal injury trial lawyers, would remove existing liability protections for premises owners who buy workers’ compensation insurance for contract workers who come onto their property to perform their jobs.”

From the American Association for Justice news release.

Asbestos – The Silent Killer

Bob Kraft — Thu, 08 Jan 2009 10:09:00 +0000

Regarded as the silent killer, asbestos was highly touted as one of the most versatile forms of building applications throughout the 20th century. Due to its heat and fire resistant qualities, asbestos was used as a form of insulation, piping, flooring and brake lining. Texas is no stranger to asbestos problems, due to a heavy domestic oil industry that has thrived in the state. Oil giants such as Mobil, Shell and Gulf have all called Texas their homes. Millions of employees and workers were exposed to the mineral over the last 100 years. Exposure to airborne asbestos fibers has caused the unfortunate suffering and deaths of millions through asbestos-related ailments.

Although Texas has large rural areas, asbestos problems have been concentrated throughout the state. The number of workers who were wrongfully exposed to asbestos has produced an extensive legislation and litigation platform to advocate these employees' rights. Mesothelioma is a highly aggressive form of asbestos cancer that accounts for 3 percent of all cancer diagnoses in the United States alone. In 1999, there were over 125 reported deaths from mesothelioma in Texas. With a latency period that lasts anywhere from 20 to 50 years, it is one of the most difficult diseases for medical doctors to diagnose. With a limited amount of mesothelioma treatment currently available, any individuals who have worked in ship-building, oil industries, electrical and power plants, should seek medical attention immediately.

Asbestos was used in all types of vessels which belonged to the Navy. The substance was consistently utilized from the 1930's through the 1970's and many military veterans have suffered from asbestos illnesses. Firefighters also fall under the category of possible exposure due to working around older homes. Other occupations that are at risk include auto-mechanics and railroad workers. Furthermore, contacting a mesothelioma lawyer is of the utmost importance so your rights can be protected and advocated. It is reported that nearly 40 percent of all of the asbestos lawsuits are filed in Texas. In 2005, the state passed legislation to regulate and limit asbestos lawsuits in Texas courts. The changes include the way district cases are handled, how venue issues are decided and how damages will be apportioned among multiple defendants.

The Texas Department of Health Services helps protect and promote the physical and environmental well-being of citizens in Texas from asbestos. With a new outreach program, they are currently educating the public in finding the right asbestos abatement contractors to inspect and remove the hazardous material from homes, public facilities and workplaces.

This guest post is courtesy of the Mesothelioma Cancer Center.

Tips If You Slip And Fall

Bob Kraft — Mon, 07 Jan 2008 11:12:00 +0000

Last month, our firm obtained a large settlement in a premise liability case. These cases are commonly referred to as "slip and fall" or "trip and fall" cases.

Fortunately, there are steps injured persons can take to make pursuit of such a claim easier. When a person falls down in public, the normal reaction is one of embarrassment. The fallen person usually gets up as quickly as possible and walks away from the scene, hoping no one saw them fall. This is exactly the wrong reaction. Instead, if you fall, you should take these actions:

● Inspect the area where you fell. What caused your fall? Was there some foreign substance on the floor? What was it? Observe its appearance and size. Can you tell how long it had been on the floor? Get a sample of the substance, and preserve it.

● Get the names, addresses, and phone numbers of everyone in the area — even if they didn’t see the actual fall. Those witnesses can describe the location and give other details, even though they didn’t see you fall.

● If the fall happened in a store, report it to the manager, and get the manager’s name. Be sure the manager fills out an incident report, and ask for a copy of it.

● Take photographs of the area as soon as possible. Buy a cheap disposable camera if necessary. It could be a good investment.

● Keep the shoes and clothing you were wearing at the time. Make note of any stains or tears caused by the fall.

● Most importantly, seek medical attention immediately if you have been injured.

● Talk with a personal injury lawyer as soon as possible, so the lawyer can begin an investigation of the case before changes are made to the scene of the injury.

If you have questions about slip and fall injuries, please contact our law firm.

Slip And Fall Cases In Texas

Bob Kraft — Wed, 02 Jan 2008 10:47:00 +0000

Over the years, our law firm has represented hundreds of clients who were injured in "slip and fall" or "trip and fall" cases, otherwise referred to as premises liability claims. Unfortunately, in recent years, the Republican Texas Legislature and the Republican Supreme Court of Texas have changed the laws to make it much more difficult for an injury victim to pursue a slip and fall case.

Many of the people who contact us about such a case do not realize that the mere existence of a defective condition in a store or public place of business does not make the owner liable for an injury caused by the defective condition. The burden is on the injured party to prove that the owner is liable under the law.

The general rule in a slip and fall case is that to succeed you must prove that there was a dangerous substance, that the owner or operator knew or should have known about the dangerous substance, and that the dangerous substance wasn’t obvious and easily avoided.

As an example, if a grocery store customer slipped on a small puddle of clear liquid on the floor, the store probably would not be liable for the injury unless the customer could prove that a store employee actually knew the liquid was on the floor and did nothing about the situation.

The length of time a substance must remain on the floor before the owner should have discovered it will vary with each case, depending on the nature of the business, the size of the store, the number of customers, and the nature of the dangerous condition.

If you have questions about slip and fall injuries, please contact our law firm.