Premises Liability

March 1, 2010

San Antonio Personal Injury Claims under the Texas Tort Claims Act

There have been several important cases regarding the Texas Tort Claims Act in 2009. As you may recall, the Texas Tort Claims Act governs the liability of governmental entities. Under Section 101.021 of the Civil, Practice and Remedies Code, the Texas Tort Claims act lays out the conditions under which a person may sue governmental entities with caps of $250,000 – $500,000 for bodily injury or death. A San Antonio personal injury attorney can guide you through the intricacies of pursuing a governmental entity for negligence.

According to the Act, the personal injury must have been caused by a condition or use of tangible personal or real property.

In one case, a family of a Dallas inmate who committed suicide with a corded telephone on his cell sued the county for negligence. The Texas Supreme Court ruled that governmental immunity was not waived because the inmate’s use of the telephone cord did not constitute a condition or use of tangible personal property within the definition of the Texas Tort Claims Act.

February 24, 2010

Premises Liability Cases in San Antonio and greater Texas

by Michael Baseluos

In San Antonio and greater Texas, there have been several key personal injury cases in the area of premises liability in 2009.

In one case, a guest at a condominium severed his finger while sitting in a pool-side chair. The court held there was no evidence that the condo association had actual or constructive knowledge of the broken weld in the chair. A San Antonio personal injury attorney can aggressively pursue evidence of constructive or actual knowledge in premises liability cases.

In a case against the City of San Antonio alleging benzene exposure from a nearby closed municipal landfill, the Texas Supreme Court found there was no expert evidence as to the level of benzene in the plaintiff’s daughter. There were also questions concerning the association between the mother’s exposure to benzene and the daughter’s leukemia in utero. Oftentimes, benzene lawsuits in Texas hinge on the quality and strength of expert opinions on causation.

July 22, 2009

Preventing Swimming Pool Accidents in San Antonio and greater Texas

by Michael Baseluos

It is a parent’s worst nightmare. You hear that your child entered the area of a swimming pool and sustained a serious injury like quadriplegia. As the weather heats up, swimming pool injuries and accidents rise in San Antonio and greater Texas.

Many Texas residents do not know that swimming pool injuries often occur due to the negligence of the swimming pool owner. For example, perhaps the owner fails to properly mark the depth of the pool. In some cases, the owner may have failed to install a gate to keep small children out of the area of the pool. What about temporary swimming pools which often lead to injury as well ? We often hear about people diving into pools where the water depth has not been properly labeled or where water depth is incorrectly tagged (i.e. the water depth is shallower than marked).

In addition, owners have to be wary of structures from where a person can dive into a swimming pool from a height that can cause paralysis or death. Negligence actions by an experienced San Antonio and greater Texas personal injury lawyer can help you achieve justice when a home owner does not safeguard their swimming pool.

July 1, 2009

San Antonio and Greater Texas Construction Accident Negligence

by Michael Baseluos

The state of Texas has become notorious for a lack of construction safety. Recently, the Department of Labor announced increased enforcement of construction safety regulations in San Antonio Texas. An unacceptable 67 workers have died on the job in 2008, and another 33 died to date in 2009.

There are many types of Texas industrial accidents that occur needlessly, and they occur as a result of employer negligence and failure to implement safety measures. For example, cranes often tip over causing injuries. Crane injuries are often due to inadequate warnings about the load capacity of the crane and the altitude those loads can be lifted. Cranes possess devices that warn if a dangerous load could potentially cause a crane to tip over.

Forklift injuries in greater San Antonio are also common especially for the operators of stand up forklifts. The operator backs the forklift and is injured by materials that penetrate the position where the operator is standing or the operator’s foot or leg is just outside the platform and the leg or foot is seriously crushed. Forklift manufacturers are easily able to install “falling object protection” devices that prevent forklift injuries.