When Can I Sue for a Parking Lot Injury?

Monday, January 23, 2017

Parking lots are the scenes of a variety of harmful personal injuries in Texas every day. Customers may suffer slip, trip, and fall in public or private parking lots, as well as be victims of car accidents, physical assault, or theft. Never assume that because you aren’t inside of a store you don’t have the right to sue a property owner for parking lot injuries. Many parking lot injuries are preventable and are therefore the liability of negligent property owners. To learn when you can sue for a parking lot injury in Dallas, work with a local personal injury attorney. Here are a few basic examples of when an injured party can sue.

Slips, Trips, and Falls

Slip, trip, and fall accidents injure thousands of people every year. People suffer serious injuries in slip and fall accidents in parking lots, such as broken bones, concussions, and head and brain injuries. Knowing when the property owner is legally responsible for your parking lot slip, trip, or fall injury can help you know when to file a personal injury claim. An icy parking lot, rough patch of grass, or uneven curb is only grounds for a lawsuit if the property owner knew or reasonably should have known about the dangerous issue but did nothing to prevent injury.

The Texas courts may hold property owners liable for accidents and injuries that occur on a property if proper care would have prevented the injury. For example, say a woman trips on an uneven sidewalk walking from the parking lot into the store and breaks her hip. If the owner of a grocery store should have noticed the dangerously uneven curb with proper routine maintenance checks, the courts may hold him or her liable for the woman’s injuries. In this example, the woman was an invitee to the property and the owner owed her the highest standard of care – including checking for and repairing unknown hazards. The woman would have to prove that a prudent property owner would have noticed the hazard and repaired or warned customers of it in the same circumstances.

Auto Collisions

If you get into a car accident in a parking lot, you may have a case against the property owner. If you suffered a personal injury such as whiplash or expensive property damage, a case against the other driver or parking lot owner may be worthwhile. The courts may hold a property owner responsible for parking lot collisions if the parking lot was in a state of disrepair or had known dangers that contributed to the accident, such as a downed light pole or inadequate/confusing signage. If the parking lot owner knew or should have known about car accident hazards and didn’t do anything to prevent a collision, an accident may be his or her responsibility.

Security Issues

Premises liability laws also encompass a property’s security measures. If the owner of a property has reason to believe there is a need for security measures such as a security guard, cameras, or extra lighting to prevent physical assaults and theft but fails to incorporate such measures, resulting in injury, the courts may find the owner guilty of negligence. A property owner may know of a security concern if the neighborhood has a high crime rate, if the previous owner had security problems, or if issues have occurred on the property previously.

Failing to make a parking lot as secure as the circumstances warrant is a form of property owner negligence that can result in serious physical, mental, and financial harm to property visitors. If you suffer as a result, speak to a personal injury attorney, file your claim, and prove your claim in the Dallas civil court system.

Posted by admin at 9:51 pm

How Do Cruise Ship Injuries Work?

Monday, January 16, 2017

Suffering an injury in a place you are familiar with is confusing and stressful enough for the average person. When you sustain an injury on a cruise ship, in a foreign country or out on the open water, you may not know where to turn for assistance. Understanding the basic legal remedies and rights of cruise ship passengers can help you learn your own options if you’ve suffered an injury on a cruise. Always consult with an attorney for professional advice concerning your case.

About Maritime Law

Injuries and accidents on common carriers such as cruise ships go through a much different process than injury claims on land. Land injuries go through tort law, while cruise ship injuries abide by maritime law. Maritime law is a distinct legal area that governs injuries and offenses concerning maritime activities, or those involving ships. Maritime law stipulates that a common carrier must use the highest degree of care during passenger transport. Common carriers are individuals or companies that transport people (or goods) on regular routes at set rates.

Since most cruise ships have registrations in countries such as the Bahamas or Panama instead of the United States, maritime law rules. Maritime law holds carriers liable for cruise ship accidents and injuries if the plaintiff can show that the ship’s operator knew or reasonably should have known about an unsafe condition, like land negligence cases. The defendant must have failed to exercise due care in some way to face liability for a cruise ship injury. The courts will also hold the operator of the ship liable for the negligent actions of crewmembers or ship employees in cruise ship injury cases.

Cruise Ship Tickets and Ship Operator Liability

On the back or bottom of your cruise ship ticket, you’ll find a legal contract. Most of what you need to know regarding your ship operator’s liability is on this contract. Your purchase of the ticket is your way of agreeing to the terms and policies outlined in the contract. The back of the ticket will list where you may file a lawsuit for a cruise ship injury – typically the state where the cruise line has its headquarters.

While it may be inconvenient for you to have to file your lawsuit in a state other than where you live, most courts uphold this clause. The contract will also state the time limits for filing, which may be different than the statute of limitations for personal injuries in your filing state. Take your cruise ship ticket to an attorney to learn more about the individual contract to which you consented. It’s always a wise idea to read the back of your cruise ship ticket and understand ship operator liabilities before boarding.

When Can You Sue for Cruise Ship Injuries?

If you suffered an injury or illness on a cruise ship, you may not know your rights as far as whether you may sue the cruise line, ship operator, or third party. Like land injuries, maritime injuries must take certain forms for the courts to consider them the results of negligence. Cruise ship injuries that may constitute personal injury cases include:

  • Slips and falls due to dangerous premises
  • Elevator and escalator injuries
  • Illness due to unsanitary conditions or food poisoning
  • Injury from a negligent tour guide in a foreign country
  • Port-related accidents
  • Assaults or attacks on board the ship
  • Pool/waterslide related injuries
  • Theft and negligent security
  • Medical negligence
  • Wrongful death

There are many types of cruise ship injuries and personal losses that may give you grounds for a personal injury lawsuit. Contact a personal injury attorney near you to find out more about your case, cruise ship ticket contract, and rights by law.

Posted by admin at 9:34 pm

What is Emergency Room Malpractice?

Monday, January 9, 2017

Medical malpractice can occur in any part of a hospital, at any point during the patient care process. However, malpractice during emergency medical care deals with a special set of rules. Standards of care are different in emergency rooms (ERs), as are the legal duties of first responders. Texas state laws protect first responders from most lawsuits. Emergency rooms by their very nature are more prone to accidents than ordinary doctor’s offices and operating rooms. However, ER staff may still be guilty of medical malpractice in certain circumstances.

Accepted Standards of Care

The law holds ER doctors, nurses, and other personnel to the same medical standards of care as those working outside of the emergency room. Any deviation from these standards, causing preventable patient harm, may constitute medical malpractice. Like other malpractice cases, emergency room malpractice cases center on the legal theory of negligence. A plaintiff must prove that an ER staff member breached his or her duties of care. A breach typically means that a competent professional would not have made the same mistake in the same circumstances. A breach of care in the ER may be malpractice.

Since the emergency room is not a calm, quiet environment in which to perform duties, mistakes must be severe for the courts to deem it negligence. The ER is a naturally chaotic environment in which many reasonably competent practitioners may make the same mistakes. Mistakes made due to incompetence, an understaffed ER, unsanitary conditions, or carelessness, however, may be medical malpractice. These types of ER errors are inexcusable and can mean the difference between life and death to a patient in need.

Types of Emergency Room Negligence

Misdiagnosis is the most common ER error due to the need to move patients in and out of the ER as quickly as possible. Doctors may not get the full picture, dismiss patient complaints, or fail to take the necessary amount of time to make a proper diagnosis. Misdiagnosis can seriously harm a patient when he or she does not receive the right treatment for the actual condition, or receives treatment for a condition he or she does not have, such as special medication or even unnecessary surgery. Misdiagnosis, delayed diagnosis, and failure to diagnose are forms of medical malpractice in the emergency room if another doctor could have made a timely, correct diagnosis in the same circumstances. Other common types of ER errors that can result in lawsuits include:

  • Paramedic, first responder, and EMT neglect
  • Anesthesia errors
  • Surgical errors
  • Contaminated blood transfusion
  • Medication errors
  • Failure to order correct tests
  • Misinterpreting test results
  • Refusing patient care unfairly
  • Failure to see a patient as quickly as their condition necessitates
  • Improper discharge of a patient

Each of these mistakes can cause significant patient harm and death. If a doctor dismisses or downplays a patient’s complaints in the ER, leading to failure to order the proper tests, misdiagnosis or failure to diagnose, and improper discharge of a patient, the patient will not receive the care he or she needs to improve. Instead, the patient will go home and his or her health condition could worsen. If this sounds like your own situation, you may have grounds for an ER malpractice case.

Get Help with ER Malpractice in Dallas

Medical malpractice cases are always complex and deserve the careful attention of a team of malpractice attorneys. However, ER malpractice cases are even more complicated than ordinary medical malpractice lawsuits. The ER has a special set of rules and expectations for its personnel and patient care. For help with your ER malpractice case, speak to an attorney as soon as possible.

Posted by admin at 9:27 pm