Public pools are great places to have fun, relax, and stay fit. However, if the pool or surrounding area is not maintained correctly, this may present unsafe hazards for you and your children. However, by paying attention to your surroundings and following the rules set forth by the public swimming pool, you and your children may be able to avoid getting injured by these hazards.

When a fun day at the public pool turns into pain and suffering from an injury, a personal injury lawyer will advise you on whether you may get compensation for your injuries and how to do it. In addition, if negligence causes your injuries, they will devise a legal strategy for you to get the right compensation for your damages.

What Public Pool Swimming Hazards Should You Avoid?

You want the day at the public pool to be fun, but ignoring the hazards that may harm you or your family might turn a fun day into a day of tragedy. If the public pool you select does not maintain even the basic safety standards to protect your family’s life and health, this will increase your chances of encountering hazards such as these:

1. Drowning or near-drowning accidents
2. Pool drain accidents
3. Pool chemical injuries
4. Slip-and-fall hazards
5. Tripping hazards
6. Swimming diseases

According to the CDC, injuries and deaths from drowning cost the United States $53 billion in 2020. Drownings are fatal, but near-drownings may deprive the brain of oxygen, causing long-term effects like memory loss, learning disabilities, and loss of motor functioning. Near-drownings have also contributed to traumatic brain injuries, specifically anoxic brain damage. A lack of trained lifeguards or other hazards on the list may cause this type of accident.

Pool drain accidents occur when the pool drain cover is missing or broken, causing drownings or near-drownings. Hair, bathing suits, or jewelry may get tangled on a broken drain cover, while limbs may get lodged into suction drains with missing covers. Tripping hazards around the area outside the pool may also contribute to drowning accidents by falling unexpectedly into the pool.

Slip-and-fall accidents and tripping hazards outside the pool may cause physical injuries to your body, while improperly maintained pool chemicals may cause bodily injuries while swimming in the pool. In addition to those hazards, parasites and bacteria may cause acute respiratory illnesses, skin rashes, and ear infections.

The Best Ways to Avoid Injury at Public Pools

Avoid hazards by checking the reputation of the public pool. Verify they have sufficient and trained lifeguards present at all times. Take a tour of the pool area and inspect it to make sure the pool looks adequately maintained and the area around the outside of the pool is debris-free and clean.

Next, ask how often pool personnel check for uncleanliness and chemical imbalances during the day. Often, public pools will have a regular schedule during the day to check the pH balances of chemicals and look for contaminants that may contribute to illness.

You may also avoid injury at the public pool by teaching your children to listen to the lifeguards when corrected or ordered out of the pool. Also, follow and teach the rules set forth by the public pool, such as:

• Walk, don’t run
• No roughhousing
• No diving in the shallow end
• Supervise children

Avoid distractions when your children are in the pool. Keep an eye on them by not reading or texting while they are swimming. Lifeguards might be available, but it helps if you keep an eye on them too. 

What to Do if You Are Injured at a Public Swimming Pool

If you can, document everything that happened from when the injury occurred. Take pictures of the pool and surrounding areas and collect information from witnesses who saw what happened and anyone involved in the incident. 

Notify whoever is in charge of the pool that day that an injury has occurred. They may have you fill out an incident report. Do not share your thoughts on what may have happened with any of the staff.

Seek medical treatment even if it may seem the injury is not that bad. Visiting the doctor will document the presence of an injury and any treatment provided in your medical records. You may also want to make an appointment with an attorney to see what legal strategy may help compensate you for your losses.

Consult North Eastern Texas Personal Injury Attorney Dale R. Rose if You’ve Suffered an Injury at a Public Pool

If someone else’s negligence at the public pool has caused an injury, Dale R. Rose can help. He recognizes the financial losses you are experiencing because of your injuries and the pain and suffering you must endure.

Clients compensated for their personal injuries knew they could count on Dale Rose, and you should rely on him too. To learn more about compensation for a personal injury resulting from negligence, take advantage of a free consultation from Dale Rose by calling (972) 634-ROSE (7673) or completing our contact form today.

If you’ve been involved in an accident and couldn’t have a police report generated, you should consult an auto accident attorney to learn more about filing a claim without a police report. In addition, they will advise you on how to be compensated for any financial loss and injuries without the help of a police report.

What to Do if I Don’t Get Help From the Police

If the police do not show up at the scene of an accident, you may document the scene yourself. Even if the police show up to take a report, you should still document the scene to ensure the facts reported to the insurance company are accurate.

The Texas Department of Insurance recommends taking pictures of the driver’s licenses and insurance cards of everyone involved in the accident. Also, take photos of the other cars involved, including the damage and the license plates. Taking pictures of street signs and road angles will be helpful too.

Collect and document information about others involved in the accident, talk to witnesses, and write down details of the accident. Below are some examples of information that you will want to note:

• Names, phone numbers, insurance company names, and policy numbers of the drivers involved in the accident
• Names and phone numbers of witnesses
• The location of the accident
• The time the accident occurred
• The weather conditions at the time of the accident
• A summary of what happened

All of this information would be in the police report if one were generated, so there is no need for the police to show up if you collect this information yourself. According to the Texas Transportation Code section 550.041(a), the police aren’t obligated to make a police report if there were no injuries or death and any property damage was less than $1,000. 

How Do I Report the Accident to the Police?

If you were involved in an accident and the police did not show up, you must report the accident if the accident resulted in a death or injury or if property damage equaled $1,000 or more. In addition, according to Texas Transportation Code section 550.062(b), You must file a report electronically by the 10th day after the date of the accident. 

You must file the report in the municipality where the crash occurred. For example, if the collision happened in Dallas, you may go to the Dallas Police website and fill out and submit the Driver’s Crash Report form using the information you gathered at the scene. Also, note that if you are incapacitated or too injured to fill out and submit the form, someone else may do it on your behalf. They will have to explain why you couldn’t complete the form.

Can I Still File a Claim Without a Police Report?

Your insurance company will accept the information you collected at the scene when you file a claim. Because you had to report the accident to the police using their online reporting service, you now have a copy of the form you filled out and submitted to the police. You may submit this form with any pictures you took at the scene.

You’ll also submit any medical records and bills produced as a result of your injury to the insurance company for evaluation. Once they have all of the information, they will do an investigation and make an offer of compensation. This offer is rarely accurate, and an attorney will be able to determine your claim’s worth and negotiate with the insurance company on your behalf. 

Consult Northeastern Texas Attorney Dale Rose About Your Auto Accident Case 

If you’ve been involved in an accident and are experiencing financial stress and physical pain, Dale Rose will help you file a claim to compensate you for your losses. In addition, he will know if an offer from an insurance company is fair or to keep fighting.
For a time during his career as an attorney, Dale Rose represented insurance companies and learned what lengths they would go to avoid paying out claims. To find out how he won’t let that happen to you, call us at (972) 634-ROSE (7673) or complete our contact form for a free consultation today.

Many fear contacting their insurance company after an accident because they think their premium rates will increase. However, not contacting your insurance company may lead to unexpected results, especially if you’ve been injured and have medical bills and property damage to pay for.

Suppose you have been involved in a vehicle accident and don’t know what to do. Reach out to an expert in auto accident law to learn your options, especially when you suffer from injuries. A personal injury attorney will advise you whether you should contact your insurance company after an accident and other opportunities to get compensated for your injuries and property damage.

Am I Required to Report the Accident to Anyone?

The Texas Transportation Code section 550.026 says that you must report a car accident immediately to the police if there has been an injury, death, or severe vehicular damage. 

It’s a good idea to report the accident to the police even if you aren’t required to. The police report and other documents will contain helpful information that will help insurance companies and attorneys investigate the case and conclude who was at fault.

Information Needed When Reporting an Accident to Insurance Companies

When you do contact your insurance company, you should supply them with as much information as possible. Below are some examples of data that may be important to your insurance company:

• Names, addresses, telephone numbers, and insurance policy numbers for everyone involved in the accident
• Location, date, and time of the accident
• Photos of damaged vehicles and accident scene
• Weather conditions
• Copies of the police report

Once you have filed your claim and supplied all the information available, adjusters will be appointed to handle your case and investigate the claim. Their job will be to try and minimize the compensation the insurer will have to pay. They will investigate the claim by:

• Inspecting the damaged vehicle
• Evaluating the damage
• Addressing any personal injury claims
• Analyzing police reports
• Interviewing witnesses

They may even require you to get an estimate of how much it will cost to fix the damage to your vehicle. The insurer will then compare the estimated figure with the adjuster’s evaluation. Once the investigation is complete, they will give you an amount that they feel will provide adequate compensation for your losses. Of course, you don’t have to accept it if you think the amount is insufficient. Instead, consult a personal injury lawyer to fight for just compensation.

What Happens if I Don’t Contact My Insurance After an Accident?

There’s nothing illegal about not contacting your insurance company. If the accident happens on your own property and doesn’t involve any other drivers, then there’s no reason to report the accident to your insurance company. The decision not to report is especially true if you can afford to pay to fix the damage yourself or if the amount of damage is equal to or less than the deductible. You may even choose not to repair the damage.

Most automobile insurance contracts require you to report an accident when other drivers are involved, when there are deaths or injuries, or when there is extensive property damage. The insurance companies find it essential to know if other drivers could have been at fault. 

Some insurance companies give a time limit to report an accident so that they may investigate as well. Then, if they find that it’s the other driver’s fault, they will contact the other driver’s insurance company for compensation.

If you don’t report the accident to your insurance company soon after your accident, they may deny your claim. Your insurance company may say that the delay was unreasonable or you needed to give them time to investigate the claim themselves. They could also say that it jeopardized the chance for the at-fault driver’s insurance company to compensate them for paying towards your financial losses. If your insurance company denies your claim, seek help from a personal injury lawyer. 

Consult With Northeast Texas Personal Injury Attorney Dale Rose About Your Auto Accident Case

Being involved in an accident is scary and confusing. You may have been injured, accrued medical bills, suffered property damage that you must pay for, and possibly lost wages. Dale Rose empathizes with your financial and emotional stress and hopes to help alleviate that.

Over the years, Dale Rose guided many clients through their auto accident claims. He was able to make them whole again through the compensation he got for them, and he can do the same for you. Contact us today for a free consultation at (972) 634-ROSE (7673) or by completing our contact form.

According to the Brain Injury Association of America, in the United States, an average of 62,000 children, ages 0 to 19, suffer a traumatic brain injury that requires hospitalization. These brain injuries are usually a result of motor vehicle crashes, falls, sports injuries, physical abuse, medical malpractice, or other causes. 

When a child suffers a brain injury, the negligent party will have to compensate for the child’s medical bills, pain and suffering, and, in some cases, a loss of wages. Therefore, you should contact a catastrophic injury attorney to learn more about what you may do if your child is injured. They will tell you if you are eligible for compensation for financial loss and any pain and suffering experienced because of your child’s brain injuries.

Brain Injuries That May Be Compensated

If your child has an alteration in the function of the brain due to an external cause, these types of brain injuries may be compensated. For example, an impact on the head may cause edema, the swelling of the brain. Since the brain cannot swell beyond the confines of the skull, this may cause pressure on the brain. If medical intervention is not quickly sought, the brain’s functions may be altered due to the pressure causing physical, learning, or emotional disabilities that may last for the rest of the child’s life.

Diffuse axonal injuries, hematomas, and skull fractures are even more severe brain traumatic injuries that require immediate medical attention. Damage to the axons of brain cells, ruptured blood vessels, and skull fractures leaking cerebrospinal fluid may also change the brain’s function. Once the brain’s function is altered, the child may no longer be able to talk, walk, or do things that they knew how to do before the incident. 

Concussions are common, but they are considered traumatic brain injuries. Concussions occur when the brain strikes the internal walls of the skull due to an external impact. The part of the brain that struck the skull may be altered. However, symptoms like headaches, dizziness, and problems with concentration and memory may not appear for hours or days.

So once it’s been determined that your child has suffered a brain injury, the next step is determining if the incident that caused the brain injury resulted from negligence and if you are eligible for compensation for it.

How to Recover Compensation for Your Child’s Brain Injury

You must start a documentation process if the child’s brain injury was caused by a car accident due to negligence. Documentation includes but is not limited to:

• Taking pictures
• Getting a police report
• Talking to witnesses
• Documenting medical results and procedures

An incident causing your child’s brain injury may also happen on premises outside of your home, such as in schools, daycares, or on a neighbor’s property. You’d need to find out where and why it occurred and always document your findings. 

What Are the Compensation Laws in Texas for Brain Injury Cases?

When your child’s brain is injured, this may create a tremendous shift in finances and your family’s way of living. Texas compensation laws help children and parents compensate for present and future financial losses and non-economic damages. Some types of financial losses that happen from the time the injuries occurred include:

• Hospital stays
• Prescription drugs
• Rehabilitation
• Medical equipment
• Any other medical expenses

For some, the hospital stay may be over nine days for a moderate traumatic brain injury. However, patients with a brain injury requiring a stay in a rehabilitation center may have to stay for three months. If the damage is severe enough, intensive rehabilitation may cause $1,000 a day. Future financial costs to consider include:

• Ongoing emotional and cognitive counseling
• Lost potential wages for the parents if they have to take care of the child and can’t work 
• Lost future earnings of the child

Yes, in Texas, the loss of earnings capacity of the child may be recovered. However, the parents will not receive this compensation. The recovered loss of earnings will go to the child when reaching the majority age of 18 (Sax v. Votteler, 648 S.W.2d 661, 666 (Tex. 1983)). Parents may recover pain and suffering, such as emotional trauma, on behalf of the child too.

Contact a Texas Personal Injury Attorney to Help With Your Child’s Brain Injury Case

If your child has suffered a brain injury due to someone else’s negligence, and you don’t know whom to turn to, consult Dale Rose. He understands the agony and financial worries you must be experiencing through this tough time.

So many clients have put their trust in Dale Rose, and you should trust him too. He will help you get all the compensation needed for your child’s brain injury, including medical equipment, in-home rehabilitation, and therapy costs. To learn more about the compensation you may receive for your child’s brain injury and other financial losses, contact us at (972) 634-ROSE (7673) or complete our contact form for your free consultation today.

Paralysis is a condition that often causes significant disruption in the lives of people who suffer from it. Injuries to the spinal cord, a severe head injury, a broken neck, or nerve damage are all things that may cause paralysis. What is even more distressing is that it may occur with little warning. 

If you or a loved one has been paralyzed because of someone else’s negligence, you now have to consider not only the medical bills you must pay now but also what financial compensation you will need for the future. Therefore, you should contact a catastrophic injury attorney to learn more about the monetary compensation you will need now and for the rest of your life.

What Are the Common Injuries That Cause Paralysis?

You have seven trillion nerves in your body. Every nerve is hooked to the spinal cord, which feeds into the brain. The nerves are similar to cables that transmit and receive data. Neurons or nerve cells use these pathways to send signals back and forth from a body part, up the spinal cord, to the brain, and back again.

When there is nerve, spinal cord, or brain damage, the neurons that carry signals to move body parts or create sensations cannot accomplish their task anymore. The result is paralysis. Three common injuries that cause paralysis include:

• Spinal cord injuries
• Traumatic brain injuries
• Nerve damage

According to the United Spinal Association, 39.8% of spinal cord injuries happen because of vehicle accidents. Falls were the second reason for spinal cord injuries at 31.8%. Medical reasons and surgery were reasons for 4.3% of spinal cord injuries.

Brainline, an organization providing information, support, and ideas about traumatic brain injuries (TBI), says that falls are the leading cause of TBI-related emergency department visits for most age groups. Motor vehicle accidents were the leading cause of TBI-related hospitalizations for adolescents and adults 15 to 44.

What Are the Symptoms of Paralysis?

Depending on what is damaged and how badly, the extent of paralysis may vary throughout the body. Nerve damage may cause paralysis in a small body area or be widespread. If there is brain damage, the left, right, or both sides of the body may experience paralysis. If the spinal cord is injured, both legs may be paralyzed, resulting in paraplegia. In contrast, the paralysis of the arms and legs is called quadriplegia. Paraplegia often occurs with lower spinal injuries while quadriplegia applies to higher ones. 

Some spinal cord injuries that cause paralysis may cause the following symptoms:

• Paralysis that happens immediately or develops over time
• Pain or pressure in your head, neck, or back
• Loss of movement
• Weakness or unable to move any part of your body
• Numbness, tingling, sensation loss in the hands or feet.
• Your spine or head is in an unnatural position
• You have difficulty breathing
• Walking becomes a problem
• Loss of bladder and bowel control

Unlike spinal cord damage, when the signals can’t get to the brain and back again, with brain injuries, it’s a matter of poor or interrupted communication between the brain and the muscles. Typically, symptoms will occur on one side of the body or the other. For example, if the left brain sustains an injury, the right side of the body may become paralyzed, resulting in hemiplegia. Some brain injury symptoms of paralysis include:

• Stiff, tight muscles
• Permanent tightening of muscles from them being constantly stiffened and tightened
• Inability to lift the foot and bring the toes toward the shin
• Difficulty swallowing

If there were no nerve fiber damage or little to no nerve cell death at the same time the spinal cord or brain was injured, rehabilitation could recover some or all movement. Nerves try to repair themselves, but if they don’t connect correctly to the muscle, you won’t recover muscle function or regain feeling. You may require surgery to try and repair the connection.

*The information above is for informational purposes only and should not be relied upon for the treatment or diagnosis of any injury. Consult a medical professional for treatment. 

Consult With a Texas Catastrophic Injury Attorney to Help With Your Paralysis Case

If you or a loved one has suffered paralysis due to the negligence of others, Dale Rose hopes to help you. He understands the agony and financial worries you are experiencing through this struggle.

Dale Rose will apply his experience and knowledge to getting you the compensation you deserve, from payment of your medical bills to retrieving compensation for your pain and suffering. He also looks at the big picture, including future medical equipment costs, home adaptation costs, and future medical care costs. To learn more about the compensation you need now and will need in the future, contact us at (972) 634-ROSE (7673) or complete our contact form for your free consultation today.

Slip-and-fall injuries may happen anytime, anywhere. Whether you are walking in your neighborhood, going to work, or even just crossing the street, you may easily find yourself at risk of a fall. Knowing what to do when you suffer a slip-and-fall injury is important in order to protect yourself, your health, and your finances. 

It’s essential to take the right steps in order to ensure that your rights are protected and that you receive the best possible outcome after the accident. Ask yourself these five important questions to help determine what to do when you suffer a slip-and-fall injury.

1. Who Is Responsible for Your Slip-And-Fall Injury?

The first question to ask yourself is whether or not someone else is responsible for your slip-and-fall injury. Consider who owns the property where the injury occurred as well as who was responsible for maintaining it. Here are a few parties that may be responsible for your slip-and-fall:

• Business owners
• Homeowners
• Landlords
• Occupants
• The government

If you were injured on public property, such as a city sidewalk, you may need to consider the specific government entity that is in charge of maintaining the property. Your personal injury lawyer may assist you in determining who is liable for your injury.

2. Was Your Slip-And-Fall Accident Preventable?

Another important question to ask yourself is whether or not your accident was preventable. Sometimes, people slip and fall on surfaces that are wet due to rain, snow, ice, etc. These types of accidents may be unavoidable. 

However, in other cases, the property owner may have been responsible for taking steps to prevent the injury from occurring. For example, if there was a spill that the property owner failed to clean up in a timely manner, they may be liable for the injury. If there is any possibility that another party may be liable for your fall accident, reach out to a slip-and-fall lawyer for investigation. 

3. Were There Any Witnesses?

If you have a slip-and-fall injury, it’s important to try and talk with witnesses who may have seen the fall occur. You may be able to get their contact information and contact them to ask questions about the accident. 

Take photographs immediately if possible.  Many cases will depend on whether or not you can prove that something caused your fall – a photograph of the location as it was at the time of your fall can be the most important evidence you can get for your case.

Witness testimony may help you prove that the accident was not your fault and that you were injured as a result of someone else’s negligence.

4. Were Warnings Posted About the Area Being Unsafe?

If there were no signs indicating that the area was dangerous and may cause you to slip and fall, you may have a strong case against the property owner. Be sure to collect as many photos of the area as you can and take pictures to show that there weren’t any warnings present. 

In addition, make sure to take pictures of the area where you fell, including any debris or puddles that may have caused your fall. You may also be able to request security camera footage from local residents or businesses. 

5. Did You Exhibit Reasonable Care?

It’s also important to consider whether or not you were exhibiting reasonable care when the accident occurred. For example, if you were running in an area where walking is typically done, it may be more difficult to prove that the property owner was responsible for your injury. 

On the other hand, if you were using reasonable caution and still ended up injured, the property owner may be liable. A lawyer will be able to take into account all factors of your incident and explain what your claim may be worth. 

Consult With an Experienced Texas Slip-And-Fall Lawyer Today

If you think that you have a slip-and-fall case, reach out to our experienced slip-and-fall injury lawyer at Dale R. Rose, PLLC, right away. With years of experience handling these types of cases, Mr. Rose hopes to advise you on the best course of action to take. He will guide you through the process of filing a claim and assist you in recovering the compensation you are entitled to. 

Don’t hesitate to contact us today to schedule a free, confidential consultation and get your questions answered. At Dale R. Rose, PLLC, we understand that these types of accidents often have serious implications, and we will do everything in our power to ensure that justice is served. Contact us now at (972) 634-ROSE (7673) or fill out our contact form to learn more about how we will help.

Dog bites are often serious, and if you’ve been the victim of a dog bite in Texas, you may be wondering what your legal rights are. Fortunately, Texas has a law that puts the burden of responsibility on the owner of the dog, referred to as the “one-bite rule.” 

This rule is intended to protect individuals from dog bite injuries and hold dog owners responsible for their pet’s actions. If a dog has bitten an individual before or has shown aggressive behavior in the past, the owner may be held liable for the victim’s injuries. If you’re unsure if you have a case, reach out to a Texas dog bite lawyer to investigate your claim.

What Is the One-Bite Rule in Texas?

The one-bite rule is a rule of law that applies to dog bite injuries in Texas. This rule is generally understood to mean that a dog owner whose dog has bitten someone before should know that their dog has a “propensity to bite.” A bite after the first incident provides strong evidence that the dog owner is at fault. However, know that a dog does not necessarily have to have a history of bites to prove that the owner is aware of the dog’s aggressive behavior.

Put simply, if a person is bitten by a dog and can prove the owner knew about or should have known about the dog’s likelihood of biting someone, they may recover damages for the dog bite injury against the owner.

What Is Required to Prove Liability Under the One-Bite Rule?

The one-bite rule requires the plaintiff to provide evidence that the dog had a propensity for aggressive or violent behavior. Proving this may be difficult, as it usually requires evidence of prior aggressive or violent incidents involving the same dog. Without this evidence, it may be impossible to prove the owner was aware of the dog’s propensity for aggression and thus failed to take the necessary precautions to prevent a bite from occurring. 

However, there are some types of dogs that common knowledge tells owners that their dog may become aggressive and bite and may not require a “one bite” history.  Some of the most common examples are Pit Bulls, Rottweilers, German Shepherds and Chihuahua breeds of dogs.

As such, it’s crucial to have a personal injury attorney who understands how to gather and present evidence that is convincing enough for a court or judge to determine liability on behalf of the dog owner. Your lawyer should also know how to negotiate with insurance companies in order to get you the best possible settlement for your claim. 

With our firm Dale R. Rose, PLLC, on your side, you’ll have an experienced and knowledgeable Texas Dog Bite lawyer who will ensure that your rights are fully protected.

What Types of Damages Are Available in a Dog Bite Case?

The damages available in a dog bite case will depend on the specific circumstances of the case, the parties involved, and the extent of the injuries. However, some of the most common damages available in a dog bite case include: 

Medical Expenses

Medical expenses are those costs incurred as a result of the injury. This may include costs related to seeking treatment (such as the cost of an ER visit), any follow-up or outpatient treatment, prescription medication, and any other cost related to the injury. 

Lost Wages

If the dog bite injury caused the victim to miss work, they may be able to recover lost wages. This loss typically occurs when the injury is so severe that the victim is unable to work while they recover. 

Pain and Suffering

This is a subjective damages award that is intended to compensate the victim for emotional distress as a result of the injury. Your attorney may be able to negotiate with the insurance company to get you a higher settlement amount if they can prove that your injury is more severe than what is normally expected for such an incident. 

Call an Experienced Texas Dog Bite Injury Lawyer Today

If you are a victim of a dog bite in Texas, you will want to contact an experienced lawyer who understands the one-bite rule. At Dale R. Rose, PLLC, we have just that. Dale Rose is a top-rated personal injury lawyer who has been handling dog bite cases for more than 20 years. Dale knows the complexities of Texas law surrounding this issue, including the one-bite rule and how it could impact your case. 

To schedule a free consultation, reach out to us today at (972) 634-ROSE (7673) or fill out our contact form. We look forward to working with you soon.

A slip-and-fall accident is often a frightening experience that leaves victims with painful injuries, medical bills, and a lengthy recovery process. It is essential for those who have been injured in a slip-and-fall accident to understand the elements of a premises defect in order to effectively pursue a claim for compensation in the state of Texas. 

This guide will provide you with an overview of the elements of a premises defect in Texas slip-and-fall claims as well as important information about the statute of limitations and available arguments.

What Is a Premises Defect According to Texas Law?

A premises defect is any sort of hazardous condition that exists on someone’s property, which, if not corrected in a reasonable amount of time, may result in an injury to another person. These defects could include a broken handrail on steps, uneven or poorly maintained sidewalks or walkways, wet and slippery floors due to spills, and more.

As a general rule, in order to successfully bring a slip-and-fall claim in Texas, the claimant must prove that:

• A premises defect existed on the property of another person
• The property owner was aware or should have been aware of the defect 
• The owner failed to take action to fix it or alert visitors against it
• As a result of their failure to act, the claimant suffered an injury

Bring your case to the attention of a skilled Texas slip-and-fall lawyer to learn more about the claim process and what your claim may be worth.

Elements of a Premises Defect in a Texas Slip-And-Fall Claim

There are several elements to consider when determining if a slip-and-fall case in Texas is based on a premises defect. 

Awareness

One element necessary for a successful premises defect claim is that the property owner had actual or constructive knowledge of the hazardous condition. This means either the property owner knew about the hazardous condition or should have known about it through reasonable inspection.

Risk

Another element is that the hazardous condition must create an unreasonable risk of harm—the hazard was more than a minor inconvenience and posed a real risk to visitors on the premises. Suffering an injury from the fall proves that the condition was hazardous enough to warrant a claim.

Failure to Repair

The third element necessary for a successful premises defect claim is that the property owner failed in their duty of care to remedy or warn of the hazardous condition. This means that the property owner did not take steps to remedy the hazard or give visitors adequate warning of it, such as posting a sign or roping off the area.  

If you have suffered a personal injury in a slip-and-fall accident due to a premises defect in Texas, contact an experienced attorney right away.

Statute of Limitations of a Texas Slip-And-Fall Incident

As a general rule, the statute of limitations for filing a premises defect slip-and-fall claim in Texas is two years. This means you must file your lawsuit within two years of the date of the accident, or you may be barred from recovering damages. 

While two years may sound like ample time, know that the legal process takes time to play out. Additionally, evidence of your claim may fade over time, as witnesses’ memories fade and security footage may be lost. Starting the claims process early on is essential to obtaining optimal compensation for your incident.

Contact Dale R. Rose PLLC for Experienced Slip-and-Fall Legal Counsel

When you suffer an injury due to a slip-and-fall accident, the key factor in determining whether or not you are entitled to compensation is proving that there was a premises defect. At Dale R. Rose, PLLC, we have extensive experience navigating the complexities of premises defect cases and will provide you with experienced legal counsel throughout your slip-and-fall case. 

Reach out to us today at (972) 634-ROSE (7673), or fill out our contact form to schedule a free consultation. We will work hard to get you the best possible outcome, so don’t wait any longer to get the justice you deserve.

After a truck accident, it is important to determine who is liable so that you may receive the compensation you deserve. The laws in Texas relating to liability are complicated, so it is important to understand the different criteria that must be met in order to determine who is responsible for the damages. 

Whether the driver of the truck, the trucking company, or another party is liable, there are specific steps that must be taken in order to prove that party is responsible for the accident as well as your injuries. Understanding what factors are taken into consideration when determining liability and retaining a quality lawyer will help ensure that you receive the compensation necessary to recover from the accident.

What Causes Most Truck Accidents in Texas?

Most truck accidents in Texas are caused by negligence on the part of the truck driver and their employer. Trucking companies are often responsible for negligent hiring or operating practices, which may lead to inexperienced or unqualified drivers operating large trucks weighing up to 80,000 pounds. Improper maintenance of the vehicle, failure to follow safety regulations, inadequate driver training, overworking, and distracted driving are all major causes of truck accidents in Texas.

Negligence is also a factor when it comes to the trucking industry itself, as some companies may fail to properly train and supervise their drivers or adequately inspect their vehicles before they hit the road. Ultimately, these negligent practices may lead to serious collisions and catastrophic injuries.

Who May Be Held Responsible for a Truck Accident?

In a truck accident, the truck driver and owner-operator may be liable for the accident. In some cases, there may be multiple parties responsible for the accident, such as another motorist, the mechanic of the truck, the employer, and more. Negligence on the part of any of these parties may result in an accident caused by a tractor or improperly loaded cargo. The driver must operate with certain standards and if those are not met, they may be held accountable for any damages incurred as a result of their negligence.

Additionally, if the cargo is not loaded properly or if it shifts in transit then the owner-operator may also be liable. It is important to determine who is at fault after an accident so that all involved may be held accountable and responsible parties may receive compensation for damages.

What Factors May Determine Fault in a Texas Truck Accident?

When it comes to determining fault in a truck accident, many factors must be taken into consideration. Negligence is one of the primary factors that will determine who is liable for the crash. If it can be proven that one of the parties was negligent in their actions or decisions, then they may be liable for any damages caused by the crash. In some cases, both parties involved in the accident may be found to have contributed to its cause, and thus both may be held responsible for paying damages. Many times the owner of the trailer being towed by the tractor is also a potential party to the claim.

If an employee is found to have caused the crash due to their negligence while carrying out their duties as an employee, then their employer may also be held liable for any damages caused by the crash. Therefore, when considering possible fault in a truck accident it is important to look at all aspects of what happened and who was involved before making a determination of liability.

Reach Out to an Experienced Texas Truck Accident Attorney Today

Determining liability is a difficult process, especially if you are involved in the accident. One of the best things that you may do for yourself is to hire a lawyer as soon as possible. That way, you will get the legal support that you need to take action. 

When you are able, ask a lawyer for help. Contact Dale R. Rose, PLLC at (972) 634-ROSE (7673) or fill out our contact form today to arrange a free consultation.

Lane splitting may be viewed by some as a great time saver when driving in Texas, but it’s important to know the rules and regulations before engaging in this activity. Lane splitting is when a motorcyclist drives between lanes of stopped or slow moving traffic. 

If you have been in an accident involving lane splitting in Texas, reach out to a motorcycle accident lawyer as soon as possible. At Dale R. Rose, PLLC, we have over 25 years of experience helping victims of motorcycle accidents, and we want to help you, too. 

What Is Lane Splitting According to Texas Law?

Lane splitting, also known as lane filtering, is a practice used by motorcyclists where they use the lane of a road to pass through traffic. Lane splitting is not considered safe and should be avoided whenever possible. It involves riding between moving or stationary vehicles in adjacent lanes, which may be dangerous for both the motorcyclist and other drivers on the road.

While lane splitting may seem like a convenient way to get around traffic, it may be very dangerous and is illegal. 

Is Lane Splitting Legal in the State of Texas?

Lane splitting is illegal in Texas. The Texas Legislature has not passed any laws allowing lane splitting, so it remains illegal throughout the state. Motorcyclists should be aware that even if other states allow lane splitting, it remains illegal in Texas and could lead to serious penalties if caught doing so.

What Are the Penalties for Lane Splitting?

Motorcyclists who are caught lane-splitting face fines, license suspension or revocation, and even jail time, depending on how severe the violation. If an accident occurs while lane splitting, the motorcyclist may be held liable for any damages caused to another vehicle or person. In some cases, a motorcyclist may also be charged with reckless driving or endangerment if they are found to have been driving recklessly during the accident.

Who Is Liable for a Lane Splitting Accident?

When it comes to lane splitting and motorcycle accidents, Texas law is very clear—motorcyclists are liable for any resulting injury or damage. A lane splitting accident may happen if a motorcyclist moves too quickly or doesn’t leave enough space between the motorcycle and other vehicles on the road.

In Texas, which is a modified comparative negligence state, even if another driver was involved in the crash, the motorcyclist will very likely be held liable for a portion of the damages as a result of lane splitting. If this happens, then the retrieval of compensation will be determined based on who was more negligent in causing the accident.

Reach Out to a Texas Motorcycle Accident Lawyer as Soon as Possible

Lane splitting is a common practice, even though it is illegal in Texas. 

If you have been injured in a collision with a motorcycle because of lane splitting, discuss your case with a lawyer from Dale R. Rose, PLLC. Having a skilled lawyer argue on your behalf will likely change the outcome of your case. Reach out to us at (972) 634-ROSE (7673) or fill out our contact form to arrange a free consultation.