- Premises Liability: Do Open and Obvious Naturally Occurring Conditions Pose an Unreasonable Risk of Harm?
- The Borrowed Servant Doctrine – At What Point Will the General Employer’s Liability Be Severed?
- Texas Tort Claims Act: Are Physicians Independent Contractors or Employees?
- Diamond Offshore Services Ltd. v. Williams—Courts Must View Video Evidence Before Ruling on Issues of Admissibility
- 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?
Showing 6 posts in Trucking / Transportation.
Introduction: The Borrowed Servant Doctrine
The borrowed servant doctrine is applicable to situations where one employer loans its employee to another employer. Whether the employee is a borrowed servant of another “hinges on whether the other employer or its agents have the right to direct and control the employee with respect to the details of the particular work at issue.” The doctrine is based upon respondeat superior, “the concept by which the master is vicariously liable for a servant’s torts committed in the course and scope of employment.” Read More ›
The Graves Amendment, found in the Federal Transportation Equity Act of 2005, created immunity for vehicle lessors as to claims of vicarious liability arising out of the lessee's conduct during the rental period.
The relevant subsections of the Graves Amendment read as follows: Read More ›
Texas Civil Practice and Remedies Code § 82.008: A Shield for Manufacturers in Design-Defect Causes of Action?
Enacted in 2003 as part of a legislative effort to shield manufacturers from liability in cases where they complied with all applicable federal safety standards, Section 82.008 of the Texas Civil Practice & Remedies Code ("Section 82.008") provides a rebuttable presumption for manufacturers who are defendants in a products liability design-defect suit. Read More ›
On September 1, 2017, Texas House Bill 62 (“HB 62”) will go into effect, prohibiting reading, writing or sending electronic messages while operating a motor vehicle. In a civil action following a motor vehicle accident, if a plaintiff can prove a driver violated this law, they will no longer be tasked with establishing a duty and breach, as required in a negligence cause of action. Instead, under negligence per se, plaintiffs are relieved of proving a reasonable person would have acted differently. HB 62 sets the standard of care and plaintiffs must simply prove the violation was the proximate cause of the resulting damages. Read More ›
As a general rule, police officers are not qualified to render opinions regarding causation or fault merely because they are police officers. Rather, a police officer can only provide opinions pertaining to causation or fault if they are trained in the science and possess the high degree of knowledge sufficient to qualify as an accident reconstruction expert. Absent qualifying as an accident reconstruction expert, the admissibility of accident reports is limited to the statements that reflect the officers' firsthand factual observations. Read More ›