Category: Business Law

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• Premises Liability Lawsuits in Texas: Your Rights When Injured on Someone Else’s Property

  If You Are Hurt Away From Home Due to Negligence, a Premises Liability Lawsuit May Be Your Path to Compensation Most of us move through various properties every day without giving safety a second thought — grocery stores, restaurants, pharmacies, neighbors’ homes. We assume those spaces are reasonably safe. But when a property owner’s negligence creates a hazard that injures you or someone you love, Texas law provides a clear legal path to compensation through premises liability claims. Working with an experienced personal injury attorney is the most effective way to understand your rights and pursue them. Premises liability is the body of law that governs injuries occurring on someone else’s property — whether residential or commercial. It establishes that property owners have a legal duty to maintain reasonably safe conditions for people who enter their property, and that failure to meet that duty can result in civil liability when someone is injured as a result. If you slipped and fell, were struck by a falling object, or were hurt by defective or malfunctioning equipment on property owned by someone else, you may have grounds for a premises liability claim. What Is a Legal Duty Under Premises Liability? The central concept in any premises liability case is the legal duty of care. Property owners are required by law to provide certain standards of safety to people who visit their property. The level of that duty is not the same in every situation — it varies based on the type of visitor, the nature of the property, and the circumstances surrounding the injury. In Texas, visitors to a property are generally categorized as invitees, licensees, or trespassers. Invitees — customers at a business, for example — are owed the highest duty of care. Property owners must actively inspect for hazards, repair dangerous conditions, and provide adequate warnings when hazards cannot be immediately corrected. Licensees, such as social guests invited to a home, are owed a duty to warn of known hazards that the visitor might not discover on their own. Trespassers are generally owed the least protection, though specific rules apply when children are involved. Understanding which category applies to your situation is an important early step in evaluating a premises liability claim. It determines the standard against which the property owner’s conduct will be measured. When Does a Property Owner Become Liable? Not every injury that occurs on someone else’s property automatically creates a valid premises liability case. For a claim to succeed, the injury must have resulted from the property owner’s failure to meet their legal duty of care — and that failure must have directly caused the harm. The analysis involves two questions: Did the property owner know (or should they have known) about the hazardous condition? And did they take reasonable steps to address it? Consider a convenience store parking lot with chronically poor lighting. If a customer is assaulted in that lot and the property owner knew — or should have known — that the inadequate lighting created a foreseeable security risk, the store may be held liable under premises liability. The failure to address a known hazard that led to foreseeable harm is the core of the case. Now consider a restaurant where a floor has just been mopped. If the restaurant placed clearly visible wet floor signs in the area and a customer walked past them and slipped anyway, the restaurant may be able to argue it fulfilled its legal duty to warn. The presence of adequate, visible warnings is evidence that the property owner acted reasonably — and that the injured person disregarded them. The line between a valid premises liability claim and an unactionable injury often comes down to what the property owner knew, when they knew it, and what they did — or failed to do — about it. Common Premises Liability Scenarios Premises liability claims arise from a wide range of situations. Some of the most frequently encountered include: Slip and fall accidents — Wet floors, icy walkways, uneven pavement, torn carpeting, and debris in walkways are among the most common causes of slip and fall injuries. These cases turn on whether the owner knew about the hazard and whether reasonable steps were taken to address or warn of it. Falling objects — In retail environments, improperly stacked merchandise, unsecured shelving, or overhead hazards that fall and strike customers can support a premises liability claim. Negligent security — When inadequate lighting, broken locks, lack of security personnel, or failure to respond to known criminal activity on the property results in an assault or other violent crime, the property owner may bear liability for the harm caused. Defective or malfunctioning equipment — Escalators, elevators, amusement rides, playground equipment, and other machinery maintained on someone else’s property can form the basis of a claim if they are defective or improperly maintained. Swimming pool accidents — Property owners with pools have heightened duties, particularly when children could foreseeably access the pool without adequate barriers or supervision. What Damages Can You Recover? A successful premises liability claim in Texas can result in compensation for medical expenses (past and future), lost wages and lost earning capacity, pain and suffering, emotional distress, physical disability or disfigurement, and property damage. In cases involving gross negligence — where the property owner’s conduct was particularly reckless or willful — exemplary damages may also be available. Documenting your injuries, medical treatment, and related expenses from the moment of the accident is critical. So is preserving evidence: photographs of the hazardous condition, incident reports filed with the property, witness contact information, and surveillance footage (which must be requested quickly before it is overwritten). Taking the Next Step Premises liability cases require careful analysis of the duty owed, the property owner’s knowledge of the hazard, the steps they took or failed to take, and the direct connection between their negligence and your injury. Texas law imposes a two-year statute of limitations on most personal injury claims, so time matters. If you […]

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• Real Estate Attorney
  

  My real estate transactions practice can provide sophisticated legal services in the areas of residential, commercial, and retail real estate to individuals, developers, builders, management companies, and real estate brokers. My practice can also provide counseling and legal advice on a wide range of real estate matters, including property development; construction; land use; acquisition, conveyance, and transfer; financing; and leasing. The services my practice can provide include, but are not limited to: Acquisition, Transfer, Conveyance, and Sale Agricultural Land Sales, Transfers, and Verbal or Written Lease Agreements Commercial and Residential Construction and Development Commercial Real Estate Transactions Easements, Covenants, and Restrictions Financing Leasing Manufactured Housing and Manufactured Housing Communities Property Management Residential Real Estate Retail Real Estate Title Insurance and Survey Analysis and Review Zoning, Planning, and Land Use

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• Employment law Attorney
  

  My labor and employment law practice believes everyone is entitled to a fair, friendly, and safe work environment. My practice aggressively works to uphold employee rights and represents employees having employment-related claims against an employer. My labor and employment law practice represents and advises employers and employees in a wide range of labor and employment law issues including, but not limited to: At-Will Employment Disputes, Policies and Issues Confidentiality Agreement Drafting and Enforcement Discharge In Violation Of Public Policy Discipline and Discharge Discrimination Based On Age, Race, Gender, or Disability Employee Benefits Plans Employee Handbooks Employment Contract Drafting and Disputes Failure To Pay Commissions, Bonuses, or Overtime Harassment Policies and Investigations Hiring and Promotion Policies and Issues Internet and E-Mail Policies Non-Compete Agreement Drafting and Enforcement Non-Solicitation Agreement Drafting and Enforcement Reduction In Workforce Policies and Layoffs Retaliation Sexual and Other Forms Of Harassment Wrongful Termination

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• Commercial Law and Litigation
  

  My approach is to understand my client’s business operations and needs, then work with my client to develop a strategy to achieve the client’s needs or resolve business disputes in a manner that best serves the client’s immediate needs and long-term goals. While I will not hesitate to take a case to trial, commercial litigation frequently involves complex and sensitive issues regarding ongoing business relationships that make alternative dispute resolution methods, such as negotiation, mediation, or arbitration, the most cost-effective and preferable means of resolving a dispute. My practice also drafts a variety of commercial agreements including, but not limited to: Employment Agreements Third-Party Service Provider Agreements Independent Contractor Agreements Confidentiality Of Trade Secrets Agreements or Provisions Within An Agreement Confidentiality Agreements or Provisions Within An Agreement Non-Compete Agreements or Provisions Within An Agreement Non-Solicitation Agreements or Provisions Within An Agreement Non-Disclosure Agreements or Provisions Within An Agreement Sales Agreements Many Other Commercial Agreements For Use In Business

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• Civil Litigation Attorney
  

  My civil litigation practice aggressively represents individuals and small businesses, whether defendants or plaintiffs, throughout every phase of litigation, including case evaluation, discovery, motion practice, trial, and appeal. While I will not hesitate to take a case to trial, I also represent my clients in alternative dispute resolution methods, such as negotiation, mediation, and arbitration. My law practice has the resources and skills necessary to handle virtually any litigation matter from the most complex business lawsuit to breach of contract or tort claims. Some of the types of civil lawsuits my practice can handle include: Breach Of Contract Condemnation and Inverse Condemnation Consumer Law Conversion of Property Commercial Law Litigation Debt Collection Actions Defamation (libel and slander) Eminent Domain Lease and Rental Property Disputes Misappropriation of Trade Secrets Misrepresentation, Fraud, and Deceit Negligence Product Liability Property Disputes Torts (Intentional and Negligence) Unfair Competition

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• Business Litigation Attorney
  

  My business litigation practice aggressively and persuasively presents and defends claims brought by or against the business throughout every phase of litigation, including case evaluation, discovery, motion practice, trial, and appeal. Even though I will not hesitate to take a case to trial, sometimes the best interests of the client require a method of alternative dispute resolution, such as negotiation, mediation, or arbitration. My law practice has the resources and skills necessary to handle virtually any business litigation matter from the most complex business lawsuit to collection of a debt. Some of the types of business litigation my law practice can handle includes, but is not limited to: Commercial Litigation (see below) Construction Issues Contract Disputes and Breach Of Contract Issues Director, Officer, Broker, and Agent Liability E & O Liability Insurance and Bad Faith by Insurance Companies Interference With Business Labor and Employment Disputes and Issues (see below) Negligence Product Liability (see below) Regulatory Disputes

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• Business Law Attorney
  

  My business law practice offers a wide range of legal services to small businesses, whether a sole proprietorship; “S” or “C” Corporation; general, limited, or limited liability partnership; or limited liability company. My practice provides effective and economical legal services and advice in planning the business; formation and start-up of the business; operation of the business; and termination of the business by sale, merger, or dissolution. Following formation of the business entity, I continue working with each client as a part of the client’s team and as a primary resource to respond to business and legal issues arising in the ordinary course of business or arising through extraordinary events. I work with each client to find quick and cost-effective solutions to all business needs and issues. Some of the services my law practice provides to small businesses include: Business Planning Commercial Law (see below) Commercial and Retail Real Estate Corporate Law and Governance Employee Benefits Plans Equipment Finance and Leasing Formation of the Business as a Sole Proprietorship, “S” or “C” Corporation, General Partnership, Limited Partnership, Limited Liability Partnership, or Limited Liability Company Drafting Agreements Between the Business Owners Drafting Forms For Use in the Ordinary Course Of Business Drafting, Negotiating, and Reviewing Contracts With Third-Parties Drafting and Enforcing Employment Agreements, Independent Contractor Agreements, Non- Compete Agreements, Non-Solicitation Agreements, and Other Employment Related Agreements Insurance Labor and Employment Law (see below) Licensing and Licensing Issues Regulatory Issues Sale, merger, or Dissolution Stock Issuance and Purchase Tax Planning with a CPA or Other Tax Adviser of the Business Workers’ Compensation Insurance and Issues

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