As we enter fall and get ready for winter, there is little doubt that people will be encountering more wet and dangerous surfaces that can lead to slip and fall accidents. Early last month, a Kiewit Offshore Services worker was found dead after falling from a platform into the La Quinta Channel.

In February 2022, a woman who slipped and fell at a Brookshire Brothers grocery store on Memorial Day weekend in 2020 was awarded $1.325 million by a jury in Orange County, Texas. As common as slip and fall accidents can be, negligent property owners and their insurance companies often adamantly oppose any suggestion they are to blame for a person’s injuries and many people instead deal with accusations that they were the parties at fault for their own injuries.

How Slip and Fall Claims Work in Texas

Under Texas Civil Practice & Remedies Code section 16.003, a person must bring suit for a personal injury claim no later than two years from the date of an accident. This time limit is known as the statute of limitations, and there are only a few exceptions to the statute of limitations (such as when a victim is a minor), so it is important for any person who suffers slip and fall injuries to quickly retain legal counsel.

Traffic laws are often thought of as not a big deal. Most people do not go to jail for violating a traffic rule, such as speeding or not using appropriate safety equipment. However, traffic laws are one of the main ways the state keeps its roads orderly and as safe as possible. Some traffic laws apply equally to almost all drivers, like speed limits. If the speed limit on a road is 45 miles per hour, then everyone on that road is required to drive or ride at a speed not exceeding 45 miles per hour.

Other traffic laws are based on the type of vehicle being operated. For example, seatbelt requirements do not apply to motorcyclists, because motorcycles generally do not have seatbelts, and a seatbelt on a motorcycle could actually create a higher risk of harm. Instead, motorcyclists are required to wear helmets unless they meet certain legal conditions. 

Perhaps the greatest risks to motorcyclists on the road are careless drivers. A dangerous driver can defeat even the best motorcycle safety precautions. If you were injured in a motorcycle accident, an attorney may be able to help you recover compensation. 

Texas has experienced some truly wild heat waves this summer, and it may not cool off for some time. In our hot southern state, public and semi-private swimming pools are a popular way to cool off during the hot summer months. Children and adults alike flock to Texas swimming pools to enjoy swimming, sunbathing, or spending time with friends. While we think of pools as a great place to enjoy warm weather, there is considerable danger associated with swimming pools. Sadly, children are the most common victims of serious swimming pool accidents. Many of these injuries and deaths are entirely preventable when the pool owner just takes a few simple steps to head off common injuries. If you or your child was injured or killed at a swimming pool this summer, you may be able to recover compensation under a premises liability theory. 

Common Types of Negligence by Pool Owners

One of the main things you will need to prove to prevail in a lawsuit over a swimming pool injury is that the owner of the pool was negligent in causing your or your child’s injuries. This can be tricky - no swimming pool is 100% safe. Even when all appropriate precautions are in place, there is still some risk that people could get hurt or drown - but negligence makes accidents much more likely. 

A few types of negligence commonly identified after serious accidents include: 

While car crashes can be devastating, accidents involving a big rig can be devastating on a much larger scale. Multi-vehicle accidents with multiple casualties are a common result when a truck driver fails to drive cautiously. An important part of safe trucking practices are hours of service laws. These laws govern when drivers must take a rest break, and how long that rest break must be. The purpose of these laws is to prevent driver fatigue.

Fatigue is the enemy when you are operating an enormous vehicle capable of causing so much harm. If a truck driver falls asleep even for a moment, he is likely to move out of his lane just enough to cause an accident. One of the first pieces of evidence your attorney may want after a truck accident is the driver’s hours of service log. 

What Are Hours of Service Laws?

The Federal Motor Carrier Safety Administration sets out hours of service regulations. Hours of service represent the amount of time a truck driver can keep driving without making a rest stop. In the past, drivers were not required to take rest breaks, so many of them did not. This led to quite a few needless car crashes when exhausted drivers fell asleep or became hypnotized by the road. 

The term “attractive nuisance” refers to something that is likely to attract children, but is not exactly safe for them. A swimming pool is the classic example - most children love swimming pools and would be tempted to go to it. However, unsupervised children can drown or become seriously injured in an instant at a swimming pool.

In Texas, anyone who keeps an attractive nuisance on their property has a duty to take steps to protect the children who may be drawn to it, even if they do not allow children on their property. Property owners have a special responsibility towards child trespassers who are attracted in by a hazard. If your child was harmed on another’s property by an attractive nuisance, we may be able to help you recover compensation. 

More Examples of Attractive Nuisances

To determine what is and is not an attractive nuisance, you have to look through the eyes of a child. Would they see it and immediately want to go explore it, climb it, or jump into it? If they did, would they be likely to get hurt? If so, you may be dealing with an attractive nuisance. Common examples include: