Category: Personal Injury

Many Texans rent their living accommodations rather than owning. If you do, you are guaranteed the right to a healthy and safe living environment. Unfortunately, not all Texas landlords provide their tenants with reasonably safe living spaces, whether homes, apartments, condos or other habitations. When this happens, people can be injured as a result. If you have been injured in an apartment accident or injured due to the negligence of a landlord in another type of rental property, you can sue your landlord for getting hurt in many circumstances. However, landlords are not automatically liable for all injuries tenants suffer at their rental properties.

A personal injury lawsuit against a landlord can only be successful if you can prove that you were injured due to your landlord’s negligence, carelessness, and prove that they caused or contributed to the injuries through various types of evidence, including pictures or videos of the accident, medical records and bills, police reports or other government entity investigative documents, witness statements, and more. The tenant must show the landlord’s action or inaction naturally and foreseeably caused his or her resulting physical injury. Sometimes landlords can also be held legally responsible for injuries to guests or other people visiting the rental unit.

When a landlord’s behavior is the proximate cause of a tenant’s injury, a court can hold the landlord liable even if they didn’t intend any harm. An act or failure to act by the landlord can be considered the proximate cause of a tenant injury when an ordinary person could reasonably foresee that the landlord’s actions or inactions would cause the injury that occurred.

Tenant Injuries in Unsafe Rental Properties

The theory of liability often used in rental property injury cases is called premises liability. Under this area of the law, your landlord has a duty to fix unsafe conditions when notified by a tenant and failed to do so. Important components of this type of personal injury case include:

• Fixing the problem would not have been unreasonably expensive.
• The accident would not have occurred if your landlord had fixed the problem.
• Your injury was serious and foreseeable.
• Your landlord’s failure to fix the condition or warn of the hazard caused your injuries.

Rental property accidents can be caused by any number of issues, though common causes can include broken staircases, defective or malfunctioning railings, broken or absent carbon monoxide/smoke detectors, damaged floors, asbestos, and more. In addition, landlords must comply with all applicable health and safety laws, and their failure to do so can be considered automatically negligent and make them liable for any resulting accidents and injuries.

If you are injured in an apartment or other rental property and the injury was caused by an unsafe condition, you must act quickly to ensure your rights are protected. Take the following immediate steps so you can sue your landlord for getting hurt:

• Get emergency medical attention. Seeking timely and adequate medical treatment is crucial both for your own health and safety and also to document the extent and severity of your rental property injuries. Your doctor’s report and potential testimony can be critical in persuading an insurer and/or a judge or jury about the amount of compensation that you deserve to be paid for the injuries you suffered.
• Take pictures or video of the accident scene, your own body – including your clothing and footwear, and any injuries or have someone else assist you if your injuries prevent you from being able to do this yourself.
• Document what happened in writing, even if it is “written” in the Notes application on your mobile phone so that you can capture the events as they happen while your memory is still fresh and before you have a chance to forget anything.
• Inform your landlord in writing that you were injured and ask them to contact their insurance provider. If the landlord does not take the appropriate steps, you should move forward with bringing a personal injury lawsuit.
• Preserve evidence of your financial losses such as medical bills, lost wages, pay stubs, transportation receipts, parking receipts, and more.

South Texas Lawyers for Tenant Injury Cases

Those injured in rental property accidents only have a certain amount of time to file a lawsuit against their landlord to recover financial compensation for their damages. In Texas, the statute of limitations for personal injury claims is two years from the date of the incident – meaning, an injury victim or the family of someone wrongfully killed only has two years from the date of the injurious event to sue a negligent landlord. Waiting longer than two years will most likely bar your right to seek or recover financial compensation.

The Weslaco, Texas personal injury trial lawyers of Ezequiel Reyna Jr. Law Office have over 40 years of experience handling cases like yours. We are proud to represent and serve the members of our community in both English and Spanish and to help you recover the financial damages you are due if someone else causes you harm.

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.

While it may seem like the most wonderful time of the year, there are dangers lurking around every brightly decorated corner this holiday season. Keeping your family safe this holiday season can be made easier by following these holiday safety tips:

1. Decorate with care: Make sure when decorating to keep an eye out for fire and electric hazards. Make sure to use extension cords properly and never run them through a window or garage door. Christmas trees should also be decorated with tree-safe lights; and, if your family opts for a live tree, keep it well watered to avoid a potential holiday fire.
2. Avoid holiday theft: Theft across the country tends to increase during the months of November and December. Making sure that your property is secure is essential to preventing theft. Lock your cars and the doors and windows to your home and never leave anything valuable in plain sight. Even leaving a garage door unlocked could lead to significant theft.
3. Leave the lights on: If you are heading out of town for the holidays, be sure to leave a few lights on throughout your home that make it look like you could still be there. Thieves do not usually approach a home that appears to be occupied. Leaving an outside light on, or having a motion-detecting light, can help keep your home safe.
4. Package delivery: 2020 has been the year of online shopping and receiving much needed joy through packages coming to the front door. Many thieves have taken this online shopping trend and used it to their advantage by simply walking up and stealing packages right off of front porches. If you are having your holiday gifts delivered this year, request a signature confirmation when the package arrives or have a trusted neighbor hold on to the package for you. Never leave a package in plain sight on your front doorstep.
5. Box disposal: Placing that 70-inch television box outside for trash pickup may not be the wisest decision this holiday season. Leaving intact boxes of new holiday gifts out for trash collection or recycling may give potential thieves a clue as to what you now have in your home that they may want. Break down all of your gift boxes as much as you can and put them in a large trash bag.
6. Cooking dangers: The holidays are known to be the best time for all of our favorite comfort foods. When cooking your holiday dinner, make sure to be careful. If deep-frying a turkey, take the frying outdoors and away from the house to prevent possible fires. When baking, make sure to keep an eye on your tasty treats so as not to start an indoor fire. Also, make sure the kitchen is properly ventilated.
7. Social media: It is important to think about what and when you post to social media this holiday season. Waiting to post your holiday trip, or when you will be out of town, is a good idea to help prevent any potential thieves from noticing you may not be home. Thieves may be stalking social media pages to find those who are not home for the holidays, which gives them the perfect opportunity to break into an empty home. If you do post about gifts or holiday trips, make sure to remove any location information.
8. Unexpected visitors: While you may have a few close family member or friends over this holiday season to celebrate, be aware that there may be criminals who knock on your door to scope out your home’s valuable goods. These people may pose as a delivery driver or someone asking for charitable donations. If a person you are unfamiliar with knocks at your door, do not give them any personal information and do not let them into your home.
9. Staying safe at home: This year has been especially tough with the COVID-19 virus spreading across our country. If having family members or friends over for a small gathering, be sure to have handwashing stations ready, hand-sanitizer available, and try to stay socially distanced. If you are unable to stay socially distanced, wear a mask to help prevent any possible spread of the virus. The best gathering would be outdoors if possible, or in a well-ventilated space with fresh air circulating.
10. Traveling safely: If you are traveling to visit family this year, by plane, train, or car, be sure to stay safe by following all CDC guidelines for travel during the COVID-19 pandemic. Wear a mask, stay socially distanced, and wash or sanitize your hands frequently.

The Ezequiel Reyna, Jr. Law Group Wishes You Happy Holidays!

The team at Ezequiel Reyna, Jr. Law Group hopes your and your family have a wonderful holiday season. We hope the holidays are filled with joy; however, if you or someone you love is involved in an accident over the holidays and needs an experienced South Texas personal injury attorney, contact us for a free consultation.