These injuries are the leading cause of Emergency Room visits in the United States. Unfortunately, due to the nature of their injuries, many of these victims do not get the treatment they need.
Head injuries are a good example. Doctors often ascribe initial symptoms, like disorientation and general pain, to shock and soreness related to the accident. So, these victims often don’t get proper treatment until they show advanced symptoms, like personality changes and severe headaches. At this point, their injuries are much more difficult to treat.
For this and other reasons, an Arlington personal injury lawyer connects victims with doctors who focus on injury-related conditions. So, they get the treatment they need when they need it most.
To obtain compensation from the property owner, the victim must prove that the owner had a legal duty and that the owner knew, or should have known, about the hazard which led to the fall.
In Texas, most fall victims are invitees. These individuals have permission to be on the land, and their presence benefits the owner either economically or noneconomically. As a result, the owner has a very high level of responsibility. The owner must ensure that the property is safe, and frequently inspect it to maintain safety.
Direct evidence of actual knowledge includes smoking guns like “cleanup on aisle five” PA announcements and restroom cleaning reports. Circumstantial evidence of constructive knowledge (should have known) usually involves the time-notice rule. A banana peel on a floor is a good example. If the peel was gritty or black, as if it had been walked upon, an employee should have spotted the peel and should have picked it up.
More than likely, there is at least one defective product in your garage, closet, pantry, or medicine cabinet. All too often, companies put profits before people. They take dangerous shortcuts at some point in the production process. Defective Metal-on_metal hip implants exemplify the two most common kinds of product defects:
- Design Defect: MoM implants have all-metal parts. When the patient walks, climbs stairs, or otherwise moves, the friction causes tiny metal fragments to enter the bloodstream. These microscopic fragments build up and cause metallosis, or metal poisoning.
- Manufacturing Defect: To cut costs, many hip implant manufacturers used cheap, imported parts from overseas. Frequently, these components have high levels of cadmium, mercury, and other dangerous heavy metals. These substances are commonly associated with brain injuries and a number of other serious conditions.
To obtain compensation for their injuries, these victims need not prove fault or negligence. Manufacturers are strictly liable for the injuries their defective products cause.
In addition to compensatory damages, Tarrant County jurors often award substantial punitive damages in defective product claims. These damages punish companies who don’t take safety seriously. They also deter future wrongdoing.
The average animal attack injury settlement has increased significantly in recent years. That’s mostly because doctors better understand the physical and emotional injuries that these bites cause. The physical injuries include head wounds, severe lacerations, and deep puncture wounds which often cause internal bleeding. As for emotional injuries, many of these victims suffer from Post Traumatic Stress Disorder-type symptoms.
Scienter (knowledge) is one of the most common legal theories in these cases. Owners are liable for damages in Texas if they knew their animals were potentially dangerous. Evidence on this point normally includes aggressive barking, sudden lunging, and other pre-bite behavior. Additionally, in a feature unique to Texas law, owners could be liable for damages if they fail to stop attacks after they begin.
Ordinary negligence and negligence per se could be available as well. Ordinary negligence is basically a lack of care. For example, a teacher is negligent if she allows children to play near a strange dog. Negligence per se is usually the violation of a leash law, fence law, or other animal restraint law.
Injury victims deserve financial compensation. For a free consultation with an experienced personal injury lawyer in Arlington, contact the Welch Law Firm PLLC. We routinely handle matters in Tarrant County and nearby jurisdictions.