Blog posts tagged in personal injury
Four people were seriously injured when a gravel-laden dump truck sped out of control down an Austin street before tipping over and bursting into flame.
According to witnesses, the dump truck apparently had no brakes as it plowed through several cars waiting at an intersection, and narrowly averted rear-ending several more vehicles. Eventually, the dump truck went airborne, plunged down a 15-foot cliff, caught on fire, and tumbled onto its side. First responders transported four people to nearby hospitals with various injuries, but they are all expected to survive.
One witness simply described the horrific scene as “amazing.”
When the earth was void and without form, at least from a negligence law perspective, two English cases helped shape the modern American notion of duty in a car crash case.
Vaughan v. Menlove
When the court considered this case in 1837, the idea that a duty of care applied to individuals in their everyday lives was completely unknown. The only analogous situation was in contract law: when people took money to feed horses, build houses, or mend clothes, they had a legal duty to perform that service.
The “King of Torts” recently passed away quietly at age 90.
Mr. Joe Jamail, who was born in Houston in 1925, obtained his law degree from the University of Texas in 1953, and built a career that included over 100 verdicts which exceeded $1 million. One of the most noted verdicts, a $10.5 billion breach of contract action that involved two giant oil companies, came in 1985. A number of years later, the consummate Texan admitted that he had a difficulties during closing arguments in that case, following a night of drinking with a country music singing star and a legendary local college football coach.
In an ironic twist, Mr. Jamail flunked a torts class while a student at the University of Texas Law School.
A worker at a nursing home in Converse is in custody facing charges related to nursing home abuse because of video obtained from a surveillance camera hidden in the resident’s room.
Police stated that the 77-year-old victim’s daughter installed the motion-activated “granny cam” in her room after the elderly woman, who suffers from Alzheimer’s disease, had injuries on her body that she could not explain. The camera later recorded footage of the 51-year-old worker slapping the victim on her face, striking her body, and flinging her onto the bed. In a subsequent written report, the female worker claimed that the victim fell.
In a statement, the nursing home manager insisted that the abuse was an isolated incident and that the facility was cooperating with investigators.
Landowner liability cases are one of the most common types of personal injury cases. While many of these incidents occur on commercial property, such as a slip-and-fall in a wet hallway or on uneven flooring, rural landowners are also at risk. Here in South Central Texas, most rural lands are either agricultural lands or vacation properties. The amount of compensation available to victims largely depends on the type of property where the incident occurred.
There is so much scenic land in South Central Texas that both legitimate visitors and trespassers flock to it regularly. Every once in a while, a story appears about trespassers who sue landowners following injury on the property during their unauthorized stays. What happens if a person goes onto a piece of land for recreational purposes, like hunting or fishing, and is injured?