The specific injury is less significant than whether we can prove another party negligently caused it. If you believe or suspect someone else was at fault, we recommend consulting a lawyer to learn if you have a case.
However, here are some everyday situations that often result in personal injury claims:
Motor Vehicle Accidents
Sometimes, people think that “personal injury” is synonymous with “car accidents.” It’s true that many of our cases involve car accidents because they’re a very common cause of injuries, but it’s certainly not the only kind of case we represent.
Motor vehicle accidents can also involve more than cars—we see claims regarding large trucks, buses, motorcycles, bicycles, and pedestrians who have been hit by cars. In many of these accidents, the injured party files an insurance claim and assumes it will be paid appropriately.
Unfortunately, the insurance company may use many of the tactics discussed earlier to undervalue or deny the claim. The most frequent difficulty is a disagreement about who is at fault for the accident or how much comparative fault the injured party might have had.
Your attorney can help you address these issues and work toward a fair settlement.
Boating Accidents
Texas has more than 500,000 registered recreational boats and an extensive coastline, in addition to lakes and other waterways. Unfortunately, a lovely day on the water can come to an abrupt end due to reckless or negligent boating.
However, the boat operator is only one of several potentially liable parties:
- The boat captain or operator.
- The boat’s owner. This may or may not be the person driving the boat when the accident happens. The owner could be liable if they allowed someone unqualified or inebriated to operate the vessel. Another possible situation occurs when someone rents a boat from a business and experiences an accident. Typically, the facility will ask you to sign a release saying they are not liable for your injuries, but this isn’t true in all circumstances. If the owner failed to keep the boat in good running condition and this lack of maintenance caused your accident, they might still be liable.
- The operator, captain, or owner of another boat that struck yours. If the person driving your boat was observing safe practices and someone in another watercraft negligently caused the accident, the other boat operator could be liable.
- The boat manufacturer or a third-party service company. Recklessly operating a boat is undoubtedly dangerous, but it’s not the cause of every accident. In some cases, an engine malfunction could cause the collision or sinking of the watercraft. If the boat had a defect, the manufacturer might be liable, or a third-party company that made an error in servicing it may be at fault.
- A passenger. Usually, passengers don’t cause boating accidents, but there are some exceptions. Occasionally, we see cases where a passenger, often intoxicated, tries to grab the wheel of the boat or causes another passenger to fall overboard (intentionally or accidentally).
Depending on who is responsible for the injuries, the boat owner’s insurance (if they have any) may or may not cover your damages. However, we might be able to pursue a claim directly against the liable party in some situations.
Other Recreational Vehicles
Golf carts, ATVs, and other off-highway vehicles (OHVs) are smaller and slower than cars, and sometimes people believe they are a safer way to get around. In some situations, these vehicles can be driven legally on certain roads, depending on local rules and regulations.
But it’s crucial to understand that even at low speeds, recreational vehicles can lead to accidents and serious injuries. Golf carts are prone to tipping over due to their shape, and driving one recklessly can cause a collision.
People often suffer severe injuries in ATV or OHV crashes as well, often because the driver lost control or was ejected from the vehicle. As with boat accidents, there are a number of parties who could be at fault in these accidents, and your lawyer will work to identify the liable party or parties.
Defective Products
Defective products come in many categories, including toys that harm children, airbags that don’t work correctly, medications or medical devices that lead to severe health complications, contaminated food products, safety equipment that fails even when used properly, and appliances that catch on fire or electrocute or otherwise harm the user.
Texas uses strict liability for defective product claims, so unlike with other personal injury cases, it is not necessary to prove the manufacturer, distributor, or retailer was negligent. However, you have to prove they manufactured or sold the defective item, that it was defective when it left their control, and that the defect caused your injuries.
Surprisingly, one of the most common defenses is that the defendant didn’t make or distribute the product. Often, the product passes through many hands before finding its way to the end user who was hurt, and it can take time to identify the liable party or parties.
Another frequent defense is that the user altered the product, causing the defect themselves. In these situations, we will work to show that the product was already defective when it left the manufacturer, distributor, or store.
Premises Liability
These cases involve an injury that occurred on someone else’s property because of their negligence. Simply being hurt in a neighbor’s home or a business does not necessarily mean the owner was negligent.
However, if you were harmed because of an unexpected hazard—like a loose floor tile, a puddle, a structure that collapsed, toxic chemicals you weren’t warned about, etc.—the owner could be at fault. If so, their business or homeowner’s insurance may cover your damages.
Negligent security is another type of premises liability that typically happens in businesses. Organizations that open to the public have a duty to create a reasonably safe environment for guests.
If you were injured by someone committing a crime—such as a robber or a mugger—the business may have failed to protect its customers. One example would be if a store experienced similar crimes previously, or other businesses in the neighborhood had been targeted, and the store did nothing to upgrade its security.
