- Reservation of Rights Letter and the Insured
- Permissive Interlocutory Appeals
- Graves Amendment
- United Scaffolding, Inc. v. Levine: Expanding Control for the Purpose of Premises Liability Claims
- Potential Barriers and Limitations to Successful Cyber Subrogation
- What is Cyber Subrogation?
- Increasing Scrutiny of Boilerplate Objections
- Texas Civil Practice and Remedies Code § 82.008: A Shield for Manufacturers in Design-Defect Causes of Action?
- Texas Seeks to Deter Insurance Fraud in the Wake of Severe Weather Events
- Flood Lawsuits Against Government Agencies
Showing 2 posts in Jury Verdicts.
When a plaintiff is injured on property owned by another two possible claims may arise—general negligence and premises liability. A crucial component of premises liability claims, absent in general negligence claims, is control. Owners of industrial workplaces often contract with multiple contractors to perform various operations on the premises. When an employee of the owner of the property is injured by a defective condition created by a contractor, courts must determine whether the contractor was in control of the premises. For a defendant to owe a duty to a plaintiff under a premises liability claim, the defendant must have been in control of the premises. If the defendant was not in control of the premises, there is consequently no responsibility for dangerous conditions existing on the property. Read More ›
Until recently, Texas appellate courts had broad discretion in setting aside a jury’s verdict, and the courts’ reasoning was permitted a good degree of mystery. Read More ›