Lawyers as a whole are supposed to serve the bench with honesty and integrity.
Can You Trust Lawyers That Give Away iPads for Referrals
February 15th, 2012
6 Steps to Follow after an Auto Accident
February 9th, 2012
Automobile accidents, even minor ones, can be an extremely stressful experience. With Medical and Insurance companies causing even more stress, it can often take up to several months to resolve.
Following these simple steps after an accident can help your experience not be so overwhelming.
Ford Sued for Negligence for Wrongful Death Auto Accident Texarkana TX
January 30th, 2012
Each day 210 million drivers take the road in the United States, and each one of these drivers is putting their faith and trust in automobile manufacturers. As drivers we trust that not only are our vehicles safe, but also the vehicles of our fellow travelers are as well. We pack our family and belongings into our vehicles and hit the road and depend on the safety of these vehicle, but what if your car isn’t safe? Read the rest of this entry »
Not All Spinal Cord Injuries Are the Same, Knowledge Is Half the Battle
January 18th, 2012
If you’ve injured your spine before you probably know that all spinal cord injuries are not created equal. Even so, if you’ve had one, you know that they can be quite debilitating no matter how minor the injury. While spinal cord injuries can be caused by any number of incidents, most are caused by motor vehicle accidents, sports injuries, falls or some other type of violence. Since spinal cord injuries can vary in severity depending on any number of factors, knowing the types of spinal cord injuries out there is a great place to start when looking for a doctor or personal injury lawyer to help you. Read the rest of this entry »
Cycling Safety not enough in Wrongful Death Accidents
January 11th, 2012
When it comes to cyclists and automobiles, sharing the road can sometimes be a daunting task. While cyclist fatalities aren’t that common, they do sometimes happen. Such was the unfortunate case in Amarillo, Texas this past week when David and Anna Isom were both struck from behind by a motorist while on a late afternoon ride. Sadly, David was pronounced dead at the scene and Anna was taken to the hospital in critical condition. Read the rest of this entry »
Texas A&M OL Joseph Villavisencio Dies in Head on Collision with 18-Wheeler
December 29th, 2011
Christmas is supposed to be a time for counting blessings, spending time with family, and giving to others, not a time for mourning. But because of tragedy, the latter is what happened at Texas A&M, Jacksonville and all over Texas this year. Read the rest of this entry »
What is a Slip and Fall Accident?
December 21st, 2011
Have you ever hurt yourself by slipping and falling on someone else’s property? If so, was it because of a temporary hazard on that property? If not, was it because of carelessness, inattention, or poor conditions? These are the questions you must ask yourself to help determine if you can take legal action because of a slip and fall, but none of these answers means anything if you don’t know what a slip and fall accident is. Read the rest of this entry »
Seriously Injured from Accident
December 12th, 2011If a member of your family has been seriously injured, it is extremely important that you get a legal opinion before accepting any insurance settlement offer. If you would like to speak with a lawyer about your claim, please contact our Rocky Haire to arrange a free consultation. All injury cases at our firm are handled on a contingency fee basis, meaning that we charge no attorney fees unless our client recovers compensation as a result of our efforts. 940-484-5555 or visit us online at http://www.hrj-law.com/contactus_form.php
Accidents on Another’s Property, How States Determine Damages
December 12th, 2011When trying to recover compensation for an injury that happened on someone else’s property, did you know that all states are not created equal? I’m not just saying this because I live in the best state of all, Texas; I say this because the hurdle that any plaintiff must face is dependent on the nature and extent of the property owner’s duty. This duty will vary depending on the facts and jurisdiction of the situation. Listed below are two different methods that states use to determine if damages will be awarded to a plaintiff when the injury is sustained on someone else’s property.
Some states focus solely on whether an injured visitor on your property is an invitee, licensee, or trespasser.
An invitee is someone who has been invited onto your property, such as a customer in a store. In this situation the owner of property is required to exercise reasonable care for the safety of the invitee.
A licensee is someone who enters upon the land for his or her own purpose, and is present at the consent, but not the invitation, of the owner, much like a door-to-door salesman. The owner’s duty to a licensee is only to warn of hidden dangers.
A trespasser is an individual who enters onto a property without the knowledge or consent of the owner. The owner’s only duty is to not place traps and hazards on their property, and warn trespassers of any hazards that can cause serious injury or death like a dog.
Other states focus upon the condition of the property and the activities of both the visitor and owner, instead of considering only the status of the visitor.
In these states there is a uniform standard that requires the property owner to exercise reasonable care to both invitees and Licensees when on a property.
Trespassers are factored into these states are when you are dealing with foreseeable harm to a child. A classic example of this is a property owner’s duty to fence, gate and lock a pool in a manner that keeps children out. If the property owner fails to do so and a child is hurt, they are liable for damages.
In these states it is the burden of the plaintiff to prove that reasonable care was not meet by the property owner. To do this there must be an examination of the circumstance when entering the property, the use of the property, the foreseeability of the plaintiff’s injury, and the reasonableness of the care taken to place a warning or fix the condition.
While this article defines the different methods used by states to determine damages in accident’s which occur on another’s property, it has probably left more questions than answers. If you don’t know the way your state determines damages you should contact an attorney to find out. If you or a loved one has been involved in an accident in Texas that occurred on someone else’s property and need some guidance, contact Haire Law Firm for a free consultation to see how we can help.
When trying to recover compensation for an injury that happened on someone else’s property, did you know that all states are not created equal? I’m not just saying this because I live in the best state of all, Texas; I say this because the hurdle that any plaintiff must face is dependent on the nature and extent of the property owner’s duty. This duty will vary depending on the facts and jurisdiction of the situation. Listed below are two different methods that states use to determine if damages will be awarded to a plaintiff when the injury is sustained on someone else’s property. Read the rest of this entry »
What is the Difference between Assault and Battery?
November 29th, 2011
When filing an assault and battery lawsuit, many people often use the two terms interchangeably as if they were the same thing, but they are not. While this can be confusing to many people, it helps to know what each term actually means so you know what to file against someone who intends to harm you. Read the rest of this entry »
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