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San Antonio, Texas Personal Injury Blog

Shopping injuries and a retailer's liability for losses

After filling themselves with good food and good times with friends and family, some Texans may have chosen to partake in a post-Thanksgiving tradition: Black Friday shopping. Retailers throughout the nation opened their doors in the late hours of Thanksgiving Thursday or the early hours of the following Friday to offer shoppers deals on goods for the holiday season. While most shoppers escaped their retail adventures unscathed, some undoubtedly suffered injuries in the crush of holiday commerce.

Shopping injuries include personal injuries that occur while on retail properties. They may include slip and fall injuries from wet floors or icy parking lots, injuries from products falling off shelves and onto them as they pass through aisles, and even injuries caused by other customers because stores failed to provide adequate security and safety measures.

What must be proven to prevail on a wrongful death claim?

When a person dies due to the negligence of another individual, then the victim's death may be considered wrongful. Although a party who has passed away cannot pursue their losses, many jurisdictions recognize wrongful death claims that the survivors of the decedent may use to seek compensation for the losses they endured due to their loved one's demise. Readers are reminded, though, that they must seek their own legal advice as this post provides general information only.

First, a wrongful death claim must allege a death. If a person is hurt due to another individual's actions but does not die, then there are other personal injury claims that they may utilize to pursue their damages. Wrongful death claims only arise when someone has died.

Falls are a common premises liability injury

Trips, slips and falls can happen practically anywhere. In some cases, it may be the fault of a distracted Texan who steps on their own feet and causes their own quick trip to the floor. In many cases, though, it is the fault of others who fail to maintain their premises in safe order that causes innocent individuals to suffer serious and sometimes life-threatening injuries as a result of their falls. The remainder of this post will introduce some of the ways that dangerous premises can present hazards to individuals and how falls may result from peoples' encounters with those dangers.

Beginning outside a structure, a premises liability victim may suffer a fall or a trip if the owner of the premises fails to maintain their sidewalk, steps or porch in a reasonably safe manner. This can include, but is not limited to, failing to remove snow or ice from exterior pathways, failing to provide adequate lighting for individuals to safely traverse pathways and failing to remove debris from pathways that may cause individuals to slip, trip or fall.

Compensation after car accidents can get victims' back on track

In the aftermath of a vehicle collision, a Texas victim may find that many people want to help and support them as they begin the long road to recovery. They may be inundated with friends bringing them meals, family members visiting them in the hospital and at home, and co-workers supporting them as they prioritize recuperation over professional responsibilities. As the days and weeks following their accident pass, though, a victim may find that they have less and less help as more and more financial pressure builds.

After an automobile crash, a victim can be slammed with unexpected bills. Those bills can cover their accident-related emergency care and subsequent hospital and medical treatments and bills associated with replacing or repairing their property that was damaged in the crash. In addition to new and unexpected financial burdens, a victim may discover that their incomes have ceased as they have had to take time away from work to mend their injured bodies.

Deadly head-on crash kills two in Texas

Car accidents are common on Texas roads but, fortunately, not all automobile incidents involve injuries and deaths. Many collisions between cars, trucks and other personal vehicles simply involve the exchanging of the drivers' insurance and contact information and calls for tow trucks if the vehicles are unable to operate. Though it is not uncommon for individuals to walk away from auto accidents without suffering significant physical harm, serious accidents do still occur and put people's lives at risk.

Just last week, a tragic accident happened in Guadalupe County. The incident involved two vehicles that were traveling in opposite directions down FM 466. The driver of a car in the northbound lane crossed the center line of the highway and crashed head-on with a car traveling in the southbound lane. Investigators have not yet determined why the northbound driver left her lane and collided with the second car.

Drivers of commercial trucks are not allowed to text and drive

Most Texans are probably aware that texting and driving is dangerous. Texting is one of many distractions that can take a driver's attention away from the road and cause that driver to create unsafe conditions on the road. Drivers who are distracted by texting and other diversions can fail to see other cars, pedestrians or bicycles in the road, may cause collisions when their distractions force them to brake too close to other vehicles and can miss important safety signage that could put others in dangerous situations.

In the last several years, two governmental regulatory entities created rules that prohibit commercial truck drivers from texting while they are operating their rigs. Specifically, the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration determined that the drivers of commercial interstate vehicles and the drivers of vehicles containing hazards that require a hazard placard cannot text while operating their vehicles.

What types of injuries are common in car accidents?

A number of factors will determine what type of injury a car accident victim suffers as well as the severity of the injuries that they sustain. San Antonio residents who are involved in vehicle collisions are strongly encouraged to seek medical help after their incidents to determine the type and extent of their unique injuries. Their injuries may be compensable if liability for the accident falls on other parties involved in the crashes.

In 2012, around 1.6 million people were injured in car accidents, while around 30,000 people died. This is a significant amount of harm sustained by Americans due to automobile collisions; the total cost of all of these losses is around $277 billion annually.

Dog bites and owner negligence under premises liability law

Pets are a huge part of Texans' lives and, in many households, dogs are considered members of the family. Animals can enrich people's lives, offer love and support to those who live with them and even security for their owners, as they are generally loyal companions. However, pets are usually considered the property of their owners and, as such, when those pets cause harm, their owners can be held liable for the losses created by their animal friends.

Harm caused by a person's property is addressed through premises liability law and, in Texas, dog owners can be held liable for their animals' bites and attacks if certain conditions are met. First, if the victim of a dog bite or attack can prove that the dog's owner knew that the animal was dangerous, then the victim may be able to prevail and be compensated for their losses.

You have rights after a loved one's fatal workplace accident

Texans know what it means to work hard and to do a job right. Every day many residents leave their homes to go to their places of employment so that they may perform their job responsibilities and earn the wages they need to support the people they love. Most workers are able to do what is asked of them by their employers without putting themselves in harm's way. Others are subjected to workplace dangers that can put them at risk of injuries and death.

When a workplace accident occurs, the injured person often has legal recourse against their employer for the losses they had to endure. However, when a worker dies due to a work-related incident, it may seem as though their legal rights die with them. Although every case is different and should be reviewed by a personal injury attorney, some family members of victims of fatal workplace accidents can seek compensation for their losses through wrongful death lawsuits.

Could a vehicle defect have caused my truck accident?

Vehicles are complex machines that must perform a variety of functions in order to keep their passengers safe and carry them to their destinations. Many Texas residents own personal vehicles that they must maintain to ensure that the cars, trucks, vans, and sport utility vehicles are in their best working order. Large vehicles like semis and 18-wheelers also must be maintained so that they may perform safely; when big rigs and other large commercial vehicles experience mechanical problems, the results can be deadly for their drivers and other motorists who must share the roads with them.

Trucks can contain defective parts from when they were manufactured or they may receive defective parts during regular and special servicing sessions. Defects may cause a truck's steering controls to seize up and its driver to lose control of the rig. Problems with a truck's electrical system may cause the vehicle to lose internal communications with its various systems and cause the truck driver to operate the rig based on bad information. A truck's brakes may fail and cause a truck driver to collide with vehicles in front of the rig, causing injuries and possible death for those involved in the crash.

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