Most people are vaguely aware that there are deadlines associated with the filing of a lawsuit. In general these 'deadlines' can be classed under the moniker of statutes of limitation. As the Supreme Court has explained, statutes of limitation are … [Read more...]
VICIOUS CIRCLE: TEXAS DOG BITE LAW AND STRICT LIABILITY
Although numerous theories can be alleged in lawsuits relating to dog bites, strict liability is a theory most frequently pleaded. In such a case, the controlling issue to be determined is whether the party against whom suit is brought has knowingly … [Read more...]
One Bite and You’re Out: Strict Liability for Dog Bites in Texas
One means of imposing liability on the owners of dogs for attacks which result in injuries is the imposition of strict liability against such dog owner. [1] To recover on a claim of strict liability for injury by a dangerous domesticated animal, such … [Read more...]
Hold Your Horses!: Limitations on Liability in Recreational Equine Activities
Few things are as synonymous with Texas culture and heritage as horseback riding. Yet it is an activity which offers numerous risks of injury. In recognition of these known risks, and the importance of livestock to the state, the Texas Legislature … [Read more...]
Extended Limitations Period for Personal Injury Claims Based on Criminal Sexual Conduct
Attorneys can generally, almost instinctively, name the applicable statute of limitations for a particular cause of action. Under Texas law, however, the statute of limitations applicable to a particular cause of action may vary based on the facts … [Read more...]
The Truth About the Family Member Exclusion in Texas Automobile Policies
At one time most Texas automobile liability insurance policies included a so-called family member exclusion which foreclosed liability coverage for any claim made by a family member against a family member. This exclusion was included in these … [Read more...]
New Texting-and-Driving Law To Take Effect This Week
After numerous failed attempts at undertaking such restrictions over the past decade, the Texas Legislature has finally passed a texting-and-driving law which takes effect statewide on September 1, 2017. This legislation, which enacted Texas … [Read more...]
Not Our Brother’s Keeper: The Duty (Or Lack Thereof) to Act In Texas
As a general proposition, there is no duty on the part of any citizen of this, and most other states, to render aid to third parties at risk of harm. “[I]t may be said generally, as a matter of law, that a mere bystander who did not create the … [Read more...]
Wrongful Death Beneficiaries Under Texas Law
There are few things more painful than the death of a loved one. And when that death is the result of another’s negligence, most presume that the law will provide a remedy. But this was not always the case in Texas, and to this day Texas law places … [Read more...]
Personal Injury Protection Insurance (PIP)
Personal Injury Protection Insurance (PIP): USE IT OR LOSE IT Texas law affords its motorists the option of obtaining what is referred to as “Personal Injury Protection” in connection with their automobile liability coverage. Texas’ Personal … [Read more...]