There have been several important cases regarding the Texas Tort Claims Act in 2009. As you may recall, the Texas Tort Claims Act governs the liability of governmental entities. Under Section 101.021 of the Civil, Practice and Remedies Code, the Texas Tort Claims act lays out the conditions under which a person may sue governmental entities with caps of $250,000 – $500,000 for bodily injury or death. A San Antonio personal injury attorney can guide you through the intricacies of pursuing a governmental entity for negligence. According to the Act, the personal injury must have been caused by a condition or use of tangible personal or real property. In one case, a family of a Dallas inmate who committed suicide with a corded telephone on his cell sued the county for negligence. The Texas Supreme Court ruled that governmental immunity was not waived because the inmate’s use of the telephone cord did not constitute a condition or use of tangible personal property within the definition of the Texas Tort Claims Act. In Travis County, a bicyclist sued UT Austin when his bicycle collided with a metal chain, which threw him off the bicycle and caused personal injuries. The Appellate Court held that the chain could cause an unreasonable risk of harm , and the university had a duty to warn of dangerous conditions caused by the chain. For bicycle and motorcycle injuries in San Antonio , consult with a vehicular accident injury in Texas.

In another case in Brazoria County, the Court held that a laborer who was injured when the floor in the jail collapsed failed to give proper notice to the county of his negligence and premises liability claims as required under the Texas Tort Claims Act. This case is a grave reminder that if you have been injured and wish to sue a governmental entity, you must give the proper notice in order to file suit. Consult with a San Antonio personal injury attorney on the Texas Tort Claims Act today.

In San Antonio and greater Texas, there have been several key personal injury cases in the area of premises liability in 2009. In one case, a guest at a condominium severed his finger while sitting in a pool-side chair. The court held there was no evidence that the condo association had actual or constructive knowledge of the broken weld in the chair. A San Antonio personal injury attorney can aggressively pursue evidence of constructive or actual knowledge in premises liability cases. In a case against the City of San Antonio alleging benzene exposure from a nearby closed municipal landfill, the Texas Supreme Court found there was no expert evidence as to the level of benzene in the plaintiff’s daughter. There were also questions concerning the association between the mother’s exposure to benzene and the daughter’s leukemia in utero. Oftentimes, benzene lawsuits in Texas hinge on the quality and strength of expert opinions on causation. In another case, a contractor sued for personal injuries against the San Antonio property owner when he fell through the roof while trying to repair an air conditioning unit. The court denied the property owner’s motion for summary judgment, because the plaintiff’s claim arose from the condition of the roof, not the air conditioner.

In another case out of Corpus Christi, the estate and family of a deceased inmate brought a Texas wrongful death action against a private correctional facility after the inmate was murdered by two inmates. Allegedly, the prison guards did nothing to stop the attack and the prison wardens laughed. $47.5 million was awarded in actual and punitive damages. The court held there was sufficient evidence to show negligence, and it supported the trial court’s spoliation instruction concerning the destruction of the prison’s surveillance tapes.

Many Texas residents do not know that swimming pool injuries often occur due to the negligence of the swimming pool owner. For example, perhaps the owner fails to properly mark the depth of the pool. In some cases, the owner may have failed to install a gate to keep small children out of the area of the pool. What about temporary swimming pools which often lead to injury as well ? We often hear about people diving into pools where the water depth has not been properly labeled or where water depth is incorrectly tagged (i.e. the water depth is shallower than marked).

In addition, owners have to be wary of structures from where a person can dive into a swimming pool from a height that can cause paralysis or death. Negligence actions by an experienced San Antonio and greater Texas personal injury lawyer can help you achieve justice when a home owner does not safeguard their swimming pool.

There are many types of Texas industrial accidents that occur needlessly, and they occur as a result of employer negligence and failure to implement safety measures. For example, cranes often tip over causing injuries. Crane injuries are often due to inadequate warnings about the load capacity of the crane and the altitude those loads can be lifted. Cranes possess devices that warn if a dangerous load could potentially cause a crane to tip over.

Forklift injuries in greater San Antonio are also common especially for the operators of stand up forklifts. The operator backs the forklift and is injured by materials that penetrate the position where the operator is standing or the operator’s foot or leg is just outside the platform and the leg or foot is seriously crushed. Forklift manufacturers are easily able to install “falling object protection” devices that prevent forklift injuries.

There are numerous types of industrial equipment accidents that result in injuries or death which could be prevented through redesign and safeguards. A San Antonio and greater Texas personal injury attorney can determine such alternative designs and safeguard simply by reviewing the patents on the equipment.