Regulation of the provision of alcohol has existed in this state in one form or another since at least the 19th Century. As early as 1887, for example, the first iteration of Texas’ Dram Shop Act was passed.[1] This statute prohibited tavern keepers … [Read more...]
Beating the Timer: Statutes of Limitations and the Discovery Rule in Personal Injury Action
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...]
Exception to the Rule: Worker’s Comp Non-subscriber Cases in Texas
Most workers who are injured on the job presume that their injuries will be subject to the protections (or, depending on whom you ask, the shortcomings) of the Texas Worker’s Compensation Act (the “TWCA”). However, under Texas law employers may … [Read more...]
Negligence in Texas: It’s Not Black and White
One of the most widely-held misconceptions about jury trials in Texas is that the jury decides who wins the case. In fact, jury trials in Texas utilize a system of special issues – questions which relate to the showings required based upon the … [Read more...]
Think Before You Post!: Discovery and Social Media Content
Although progress in the legal field can sometimes be slow, it does occur. The law has, for example, finally become aware of the prevalence and importance of social media in our day to day life. Under the new Texas Pattern Jury Charges, for example, … [Read more...]
Let it Snow! Let it Snow! Let it Snow!: Premises Liability for Ice and Snow on Sidewalks and Walkways
One of the more enduring legal myths in this state is that homeowners are liable to pedestrians who slip and fall on ice or snow on their sidewalks. In truth, fairly consistent decisions in our courts this past decade have whittled away any vestiges … [Read more...]
Boy On Bicycle Killed By Train
One boy was killed and another was hospitalized in West Virginia following a train accident. Authorities say a boy under the age of 14 was riding a bike near the Van Clevesville Road railroad crossing when he was hit by a train. Authorities are … [Read more...]
New York Train Derailment
A CSX freight train crossing Factory Street in Gouverneur derailed shortly after 1:00 p.m. June 19. A source at the scene indicated that the cars were loaded with steel inbound to Cives Steel in Gouverneur. It appears the loaded cars were simply … [Read more...]
Family Members Promote Change After Deadly Crossing Accident
Sunday was the two-year anniversary of the crossing accident involving a stolen SUV full of kids that hit a train stopped on Archer Road in east Harris County near Baytown, Texas. Four teenagers died in the crash and family members of some of the … [Read more...]
Louisville Zoo Derailment Train
At least 22 people were injured June 1 when the Louisville Zoo train fell off the tracks. Nineteen people were taken to hospitals, including one child who was critically injured, officials said. Another two people chose to seek medical attention on … [Read more...]
Union Pacific Claims Cracked Wheel Caused Derailment
Union Pacific Railroad says a cracked wheel on a freight car caused a derailment north of Baker City, Oregon, on May 29. Cleaning up after the derailment stalled traffic throughout the region for a day and has continued to hamper traffic along U.S. … [Read more...]
UPDATE – ZOO TRAIN DERAILMENT
State investigators continue searching for the cause of the train derailment at the Louisville Zoo. One child, a 21 month-old, remains in serious condition. Investigators spent Tuesday taking pictures, examining the scene and conducting … [Read more...]