Child care can be one of the biggest expenses in a family’s budget. Shopping for the best rate is always a good course of action. However, at what expense? There are so many types of daycare facilities to chose from. There are nationally recognized daycare centers and... Read More >
Texas Supreme Court Lumps Nurses’ Work Injuries Into “Health Care Liability Claim” Definition
In the recent opinion of Texas West Oaks Hospital, LP, LLC v. Williams, Cause No. 10-0603, The Texas Supreme Court again used the Republican's Health Care Liability "Reform" Laws (the Texas Medical Liability Act) to include something that is clearly not a medical malpractice... Read More >
Attractive Nuisance Doctrine
What Is the Attractive Nuisance Doctrine? The attractive nuisance doctrine is a premises liability rule of common law in the United States that has developed as a way to hold a landowner responsible for maintaining a dangerous condition upon his property that is likely to... Read More >
Galveston, Texas Mardi Gras Hazards
If you are planning to attend Mardi Gras in Galveston, Texas, this year, there are a couple things you should watch out for. Seawall Parades More Family-friendly But Less Safe If you are bringing kids, the seawall parades are much more family-friendly than the evening parades... Read More >
Should I Get an Advance From a Personal Injury Loan Company?
There are several companies that offer to loan personal injury plaintiff's money in exchange for a few 'processing fees' and interest on the loan. They go by names like case advance companies, lawsuit loan companies, lawsuit cash advance companies, lawsuit lending companies,... Read More >
Intoxication Manslaughter | Texas Penal Code § 49.08.
What is Intoxication Manslaughter a/k/a Intoxicated Manslaughter? Intoxication Manslaughter is causing the death of another while operating a vehicle, boat, plane, or amusement ride of any kind under the influence of alcohol or drugs. Texas Penal Code § 49.08. Intoxication... Read More >
Texas Home Daycare Law | Is Your Day Care Regulated?
In Texas, a person can open and run a daycare for children out of their own home. Different rules and regulations apply depending upon how each is classified. How your child's daycare is classified determines when and if it is inspected by the State and what rules it must... Read More >
Is a Texas Medicaid Transportation Service Area Provider a “Health Care Provider” under the Texas Medical Liability and Insurance Improvement Act?
Is a Texas Medicaid Transportation Service Area Provider a “Health Care Provider” under the Texas Medical Liability and Insurance Improvement Act? Answer: I would argue ‘No.’ but out of an abundance of caution, you should treat the case as one and get an expert... Read More >
Is a City Liable for Defects in City-Owned Sidewalks?
Under the Texas Torts Claims Act, a municipality can be held liable for two types of defects in sidewalks--special defects and premise defects. However, the standard to prove these cases is very hard to meet. Texas Civil Practice and Remedies Code Section 102.022. The... Read More >
Texas Supreme Court Deals Another Blow to Justice in Texas
Haygood v. De Escobedo The Texas Supreme Court handed down the Haygood v. De Escobedo case this morning affirming the Appellate Court's decision to require the Plaintiff in a personal injury case to offer only the actual amount paid by any insurance carrier, person, etc. rather... Read More >
Routine Mental Anguish Claims and Psychiatric Records
Whether a routine allegation of mental anguish in a personal injury case opens the door to the defendants having the right to subpoena your records of past treatment for psychological and psychiatric issues depends upon the degree of mental injury you are claiming. A mere... Read More >