Month: February 2021

Each year, millions of people are injured in premises liability or slip-and-fall accidents. While anyone can slip and fall, older adults are at higher risk of serious injury if they are the victim. Slip and fall incidents can happen anywhere and if someone else’s negligence contributed to the fall, the victim should seek the help of an experienced personal injury attorney to receive compensation for their injuries and losses. There are specific steps the injured party must take in a slip and fall case; and if all elements of the claim cannot be proven, the claim could quickly be dismissed.

Establishing Duty

The first step in a slip and fall case is to establish duty. The duties associated with a premises liability cause of action in Texas are established using a specific classification system delineating between invitees, licensees, and trespassers. Invitees are invited by the owner – either directly or indirectly – onto the property where the incident took place for purposes that confer an economic or noneconomic benefit to the owner. The owner of the property must ensure their premises is reasonably safe for invitees. A licensee is able to be on the property legally but their presence does not afford a benefit to the property owner. The guest of a person renting a property may be considered a licensee. A property owner has a duty to appropriately warn licensees about hidden defects of the property. A trespasser does not have permission to be present on the property and their presence provides no benefits to the owner. Owners rarely have duty of care to a trespasser.  Once a legal duty can be established, the next step is establishing the duty holder’s liability.

Establishing Liability in a Slip and Fall Claim

In order to establish liability, the victim – whether invitee or licensee – must prove the existence of unreasonably dangerous conditions and/or concealed dangers on the premises at the time of their accident. In 2015, the Texas Supreme Court in Austin v. Kroger made proving liability more difficult in slip and fall cases, holding that if a defect is out in the open and obvious to a common person, like slipping on a colored liquid instead of a clear one, it is harder to obtain compensation for resulting injuries.

With the help of an experienced Texas premises liability attorney, victims of slip and fall incidents can prove every element of a negligence claim, including the following:

• The owner of the property where the victim was injured owed a duty of care to that individual and failed to live up to that duty.
• The property owner’s failure to exercise proper care was the direct cause of the victim’s injuries.
• The victim suffered verifiable damages as a result, including medical treatment costs, lost wages, and other damages.

Filing the Lawsuit

Your attorney may begin working on your case by sending the responsbile party or parties a notice or demand letter. Negotiations outside of litigation often fail because the responsible parties refuse to live up to their obligations to compensate victims without the pressure of a lawsuit. Therefore, an experienced personal injury lawyer will begin filing a lawsuit by drafting initial pleadings and filing them in the proper court. In a Texas slip and fall case, there is a two-year statute of limitations for filing a lawsuit. Once initial pleadings are filed, the party or parties you are suing, now known as defendants, will have a chance to answer your allegations in a formal response to the court.

Once a personal injury lawsuit is underway, the discovery stage begins. This phase involves producing various parties for sworn depositions and the sending of and responding to various discovery requests. A variety of documents may be requested, including the injured party’s medical records and any safety protocols of the defendant. Having a knowledgeable attorney by your side is the best way to prepare for a deposition.

Once the discovery stage is complete, each side will likely file motions that the court will rule on. In most cases in Texas, the parties will be required to work with a mediator to negotiate a settlement before heading to trial. If alternative dispute resolution is unsuccessful, the case will be set for trial.

When parties are unable to resolve all of their legal issues outside of court, a case is set for trial. A judge and/or jury will hear evidence and arguments from each side and make a decision based on the facts as to whether the defendant is liable for the victim’s injuries. If the trier of fact decides the property owner is liable, the amount of damages will then be determined.

South Texas Slip and Fall Attorneys

If you or a loved one has been injured in a slip and fall accident, contact the Rio Grande Valley premises liability attorneys of Ezequiel Reyna Law Office today to discuss your case at no cost. There is limited time to act following a slip and fall accident in Texas, so don’t delay.

Dogs, while normally the fun and friendly family pet, can also viciously and violently attack adults and children, leaving them scared and scarred for life. Studies have shown that over four million people in the United States are bitten by dogs each year, and up to 13,000 of those people are hospitalized for severe injuries. Unfortunately, children are at a higher risk of being severely injured by a dog bite because they may not know how to act around dogs; and, even a short, negative interaction with a dog – such as pulling a tail or tugging on their ears – can cause the dog to bite.

There are a variety of reasons a dog will bite you, including:

• Fear: Dogs can quickly bite a person because of fear. If they do not know the person they are interacting with, are in unfamiliar territory, or are startled, they can quickly bite.
• Pain: If a dog is in pain from an injury or illness, no matter how sweet or friendly that dog is they can react and bite when that pain is amplified. Petting a dog where they are injured or trying to pick up an injured dog may cause them to snap.
• Possessiveness: Dogs can be very protective of their “property” and the space where they live. A dog’s property may include a specific person, toys, food, or location. Entering their space or trying to take away or harm their property can incite a dog to react violently.
• Prey Drive: Many dogs have retained their prey drive and will chase and nip something that runs past them. While most dogs limit that behavior to chasing squirrels and birds, some may chase children or even adults and can bite them.
• Maternal Instincts: Female dogs who have just given birth to puppies can become very defensive of their young, and no matter how sweet or well-trained, they can bite a person they perceive as trying to take their puppies away or harm them in any manner.

What to Do After a Dog Bites You

The moment a dog bites and injures you or a loved one, immediately seek medical attention. No matter how minor or severe the dog bite is, dogs have bacteria in their mouths that can cause serious infections. There are many types of dog bites, all of which need to be evaluated by a doctor, including: puncture wounds, deep lacerations requiring surgery, disfigurement, severe scarring, infections, and broken bones. After seeking medical treatment, finding an experienced dog bite lawyer will be critical to receiving any compensation from the dog owner or other responsible third parties involved.

The dog owner’s insurance company will attempt to offer you less compensation than you are rightfully owed because they know how to work the legal system in their favor. Insurers often try to paint a negative picture of your interaction with the dog and accuse you of antagonizing the animal or provoking the attack. A knowledgeable dog bite lawyer can ensure you get the justice you deserve. It takes significant time and know-how to effectively negotiate a settlement with a dog owner and/or their insurance company. A dog bite lawyer works with you to determine the true cost of your injuries, including medical costs, lost wages, pain and suffering, and more, and will fight for your rights and get you the compensation you deserve.

Dog Bite Liability

In Texas, there is no law that clearly defines a dog owner’s liability for damages if their dog bites and injures another person. In 1974, the Texas Supreme Court held that the state would follow a “one bite rule” when it comes to personal injury liability from dog bites. The “one bite rule” essentially gives a dog one “free” bite in regards to its owner’s liability to the injured party. After the first bite, though, the owner is now aware of their dog’s tendency to bite; therefore, the law holds they are being negligent if their dog bites again. An experienced dog bite attorney will establish liability in your case by showing that the dog’s owner had previous knowledge of its aggressive behavior, that the dog had previously bitten a person before your bite, and/or the dog’s owner failed to use reasonable care to control their dog and prevent it from hurting you.

There is a specific time limit within which a person can file a personal injury lawsuit in Texas, which is the type of lawsuit you would need to file to receive compensation for a dog bite injury. The statute of limitations for filing such a claim is two years from the day of the bite or other incident in which a dog has harmed you. If you do not file your dog bite lawsuit within those two years, you likely lose your right to hold the dog owner financially accountable for your injuries.

South Texas Dog Bite Attorneys

Being bit by a dog can be an incredibly scary and stressful experience that leaves you scarred for life. By choosing our experienced team, you won’t have to worry about your next steps because you will have our guidance and support. If you or a loved one has been bitten and injured by a dog, contact the Weslaco dog bite lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act, so don’t delay.