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O'Hare Blog

Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.


10 Tips to Prevent Accidental Drowning, the Leading Cause of Unintentional Death in Young Children

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by the Best Personal Injury Lawyer in Carrollton, Tim O’Hare

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It’s summer in Texas, and that means children, families and adults are spending more time in the water. Swimming, boating and visiting water parks are all popular ways Texans stay cool during the summer months, but for some families, a day spent at the lake or in the pool can quickly turn tragic. 

Drowning is a serious concern for parents of small children, and for good reason. According to the Centers for Disease Control and Prevention, drowning ranks among the leading causes of accidental injury death in the United States. Drowning claims more lives of children under four than any other cause of death, except for birth defects. 

Here are some other heartbreaking drowning statistics:

  • About 10 people die every day in the United States from drowning (excluding deaths in boating incidents), according to the National Safety Council.
  • Nearly 90 children under age 15 drowned in a pool or spa between January and May 2019, according to the USA Swimming Foundation. 
  • The USA Swimming Foundation also reports that every year, about 19 children drown during the Fourth of July holiday alone. 
  • Seventy-four percent of drowning incidents for children under 15 between 2015 and 2017 occurred in residential locations, according to the Consumer Product Safety Commission.
  • Boys under 15 are twice as likely to die from drowning than girls, according to CPSC. 
  • The Texas Department of Family & Protective Services reports that 91 children fatally drowned in 2018.
  • So far in 2019, at least 56 children in Texas have lost their lives due to fatal drowning accidents. 

Drowning—whether it happens in a swimming pool, spa, lake or other body of water—happens quickly and often silently. It rarely involves splashing, thrashing of arms, or audible struggling. Although nobody is entirely drown-proof, there are some steps we can all take to ensure children and adults are safe when they are in or around water. 

Here are 10 safety tips to help prevent accidental drowning:

1. Always watch children around water. Anytime you are around water, assign an adult with you as Water Guardian to watch children at all times, even if you are at a pool with a designated lifeguard. Being a Water Guardian means putting down distractions like phones and keeping your eyes on the water. Children should never be in or near water without supervision. Adults should learn how to recognize a swimmer who is in trouble. 

2. Learn to swim. Children and adults of all ages should be taught to swim. Statistics show that participation in formal swimming lessons is associated with an 88 percent reduction in the risk of drowning in children ages one to four. 

3. Wear lifejackets. Children who cannot swim should wear a properly-fitted life jacket or U.S. Coast Guard approved floatation device whenever they are in or around water. Children and adults should always wear life jackets when boating or swimming in natural bodies of water, such as lakes, rivers or oceans, regardless of their ability to swim. 

4. Restrict access to water. Residential pools are the most common sites for accidental drownings in young children, according to the CDC. Pools and spas should have a four-sided barrier or fencing (not using the home as one side of the barrier) that is at least four feet in height with gates that are self-closing and self-latching.

5. Monitor your home for drowning hazards. Even without a swimming pool or spa, there are water dangers present in and around residential areas. Some hazards include bathtubs, kiddie pools, toilets, buckets, washing machines, ice chests, open fish tanks and more. Sadly, many children under the age of one have lost their lives in bathtubs, buckets and even toilets. Never leave a child unattended in the bathtub or around other water bearing containers in the home.

6. Always check water sources first. If a child goes missing, always thoroughly check water sources immediately. Walk around the perimeter, checking the water surface and the bottom as well. Be thorough but quick. 

7. Teach children to stay away from drains. Drains pose a hidden hazard to children and defective or out-of-date drain covers can trap a swimmer’s hair, jewelry, clothing or extremities. 

8. Beware of the dangers of swimming in open water. Open water can present hazards unique to oceans, lakes, rivers, ponds, etc. Dark, murky water and currents can quickly turn dangerous. Always swim near a lifeguard when possible. Never swim alone and always have a buddy when kayaking, canoeing, paddleboarding, etc. Obey posted rules and warnings. Learn to recognize a rip current and how to safely get out of one. Children and weak swimmers should always wear a U.S. Coast Guard approved life jacket. 

9. Avoid alcohol when swimming or boating. Consuming alcohol while swimming or boating can be dangerous. As blood alcohol concentration rises, risk of drowning increases. If you are an adult responsible for children who are swimming, do not drink while children are in or around the swimming pool. Alcohol is a distraction and diminishes judgment, increasing drowning risk for the children for whom you are responsible.

10. Learn CPR. Timely and effective CPR can save lives. Learn how to administer CPR to children and adults, and refresh your skills yearly. The American Red Cross and the American Heart Association are just two organizations that offer CPR certification courses. 

If you or someone you know has experienced a drowning injury or death in the family due to negligence, contact the personal injury attorneys at  The Law Offices of Tim O’Hare today. 

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By : Tim O'Hare /July 29, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

What You Need to Know About Spinal Cord Injury Claims in Texas

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by Texas Spinal Cord Injury Lawyer, Tim O’Hare

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Spinal cord injuries are some of the most debilitating injuries a person can suffer. Injuries to the spine can occur for a number of reasons, including a car accident, workplace injury, slip and fall, medical malpractice, truck accident or acts of violence. 

Any time a spine injury occurs, the results can be devastating, both physically, emotionally and financially. Severe pain, permanent disability, financial hardship and costly medical bills are unfortunately common for anyone who experiences an injury to the spinal cord.

The spinal cord is part of the central nervous system and acts as an extension of the brain to the rest of the body. It is a delicate bundle of cells and nerves, protected by the spinal column. In some cases, an injury causing damage to the spinal column may also cause damage to the spinal cord, potentially altering the victim’s functional control over parts of his or her body. In most cases, a severed spinal cord can not be treated or repaired, leaving the victim to adjust to a “new normal.” 

Not all spinal cord injuries give rise to a personal injury claim, but individuals who suffer spine injuries as the result of another person’s (or corporation’s) negligence or a defective product may be entitled to compensation. In a spinal cord injury lawsuit that is based on negligence, the victim and his or her attorney must prove that the defendant’s negligent act lead to the victim’s injury. The same is true in cases where a defective product may be to blame; the injured party must prove that a defective or broken product resulted in serious injury to the victim. 

Filing a personal injury claim because of a spinal cord injury can be a complicated process, one that is best left in the hands of an experienced personal injury lawyer, who has handled spinal cord injuries. 

 If you have suffered a spinal cord injury due to someone else’s fault, you may be entitled to a personal injury claim to recover your losses. If you have suffered a spinal cord injury as a result of a car accident, truck accident, motorcycle accident, job injury or slip and fall, contact the experienced legal team at The Law Offices of Tim O’Hare today. We will help you receive all due compensation for your injury or loss. 

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 

972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /July 11, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Do I Have a Wrongful Death Lawsuit?

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by Dallas Wrongful Death Attorney, Tim O’Hare

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Wrongful death lawsuits are regularly associated with medical cases where there is a claim of negligence in the death of a patient. But wrongful death cases can come from a car or trucking accident, on-the-job death, a defective product or a host of other scenarios.

In order to determine if a wrongful death lawsuit exists, we must first understand the laws regarding injury accidents and death due to negligence. Unfortunately, this is not a simple task as the laws can be confusing, at best.

There is  no amount of money that could ever fully compensate a family member for the loss of a loved one. However, when one person’s death can be attributed to the negligence of another individual, corporation or other entity, survivors of the victim may be entitled to monetary damages and can sue the negligent party in a wrongful death lawsuit.

Laws applying to wrongful death cases often vary from one state to the next, but in a wrongful death case in the state of Texas, only spouses, children or parents of the decedent are eligible to recover damages in a lawsuit. There is one exception:  the executor or personal representative of an estate can bring a case for the damages suffered by the decedent to pass that money on to the decedent’s heirs. In Texas, the statute of limitations in wrongful death cases is two years. If more time has passed since the death occurred, a wrongful death suit cannot be filed in most circumstances.

In order to win a wrongful death lawsuit, four elements must exist:

  1. The death was caused by the conduct of the defendant;
  2. The defendant was negligent or reckless with the victim’s wellbeing;
  3. The defendant owed a duty to the victim; and
  4. Damages have resulted from the death (this one is obvious if the other elements are met.)

Plaintiffs in a wrongful death suit (spouse, children, parents and/or a representative of the decedent’s estate) may be awarded two types of damages: compensatory and punitive damages. Compensatory damages may be awarded to cover medical and funeral expenses, loss of future income or support and grief or loss of companionship. The intent of punitive damages is to punish a defendant for gross negligence. As such, punitive damages are awarded by a jury based on the defendant’s actions leading up to the death.

Have you lost a loved one as a result of what you believe to be the negligence of another person or entity? Death due to a car accident, motorcycle accident, construction accident, job injury or another negligent or reckless situation may constitute wrongful death. Contact the experienced legal team at The Law Offices of Tim O’Hare today. We will guide you through your options, pursue a wrongful death claim if warranted and ensure you receive all due compensation for your loss.  

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /June 22, 2019 /Blog, Dallas Personal Injury Attorney, Medical Malpractice, wrongful death /0 Comment Read More

Safe Summer Driving Tips Every Driver Needs to Know

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by Dallas Christian Injury Lawyer, Tim O’Hare

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Memorial Day weekend is the unofficial start of summer, as children in many districts across Texas are out of school. May is also Seat Belt Safety Awareness Month, and law enforcement agencies across the country and across Texas are stepping up their efforts to make sure all drivers and passengers are wearing a seat belt.

The annual  Click It or Ticket campaign aims at enforcing seat belt use to help keep travelers safe as they drive to their summer destinations.

In 2018, more than 2,623 people who were not wearing their seat belts were killed or seriously injured in a car crash in Texas. “Simply remembering to put on your seat belt increases your chances of surviving a crash by 45 to 60 percent,” says Terry Pence, TxDOT Traffic Safety Director. In 2017, seat belts saved nearly 15,000 lives across the country.

In Texas, if you are pulled over and found to be not wearing a seat belt, you could face fines and court costs up to $200. Why put yourself or your passengers in danger? Buckle up for every ride, whether you are on a country road or on the interstate, traveling cross country or just down the street.

Keep your family safe on the roads this summer. First and foremost, ensure every passenger, children and adults, are properly restrained. While you’re on the road, remember these summer driving safety tips from NHTSA:

  1. Stay alert. Stop along the way to stretch and get something to eat and drink. Change drivers if you’re feeling drowsy. Take time while you’re stopped to return any phone calls or texts so you won’t be tempted to drive distracted.
  2. Share the road. Warm weather means more motorcyclists and bicyclists are on the roads, as well. Remember they have the same rights, privileges and responsibilities as every motorist, but are also more vulnerable. Leave more distance between you and a motorcycle.
  3. Be mindful of pedestrians. Stop for pedestrians in a crosswalk and keep your eye out for pedestrians anytime, anywhere. Do not assume pedestrians can see you and will act accordingly.
  4. Avoid risky driving behaviors. Put your phone down and keep your eyes on the road. Distracted driving includes looking at your phone, eating, drinking, talking with passengers and using in-vehicle technologies.
  5. Don’t drive impaired. Drugs, prescription and over-the-counter medications, and alcohol can affect your safety as a driver. If you plan to drink, designate a sober driver or call a friend or taxi for a ride.
  6. Obey traffic laws. Follow all traffic laws, including posted speed limits. Drive slower if needed based on weather or road conditions.

If you have been injured or lost a loved one as a result of a car accident, contact The Law Offices of Tim O’Hare for a free consultation with an award-winning Dallas car accident attorney.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020


By : Tim O'Hare /May 24, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Share the Road: May is Motorcycle Safety Month

by Dallas Christian Injury Lawyer, Tim O’Hare

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Nearly all motorcycle riders involved in accidents are injured — at least half of those are seriously injured. Each year, more than 5,000 people die in motorcycle accidents, and that number has been on the rise in recent years, according to the National Highway Traffic Safety Administration.

May is Motorcycle Safety Awareness Month, and as the weather warms up and we see more motorcyclists on the roads, it’s the perfect time for all drivers to review safety tips to help keep Texas roads safe. Any time you are operating a vehicle on the road — motorcycle, car or truck — you are responsible to do your part to keep all motorists safe, including motorcyclists.

Not all motorcycle accidents are preventable, but many of them are. Share the road with motorcyclists and other motorists and take precautions to avoid an accident that could be prevented. Here are some motorcycle safety tips for all drivers from a 4-time winner of D Magazine’s best personal injury lawyers in Dallas:

Check twice for traffic when changing lanes or turning at intersections. The profile of a motorcycle is much smaller than that of a car or truck. A motorcycle’s small size not only makes it more easily hidden from the sight of other drivers, but it can also make it appear further away than it is. The smaller size of motorcycles can also make it difficult for other motorists to judge how fast a motorcycle is traveling.

Don’t follow motorcyclists at close distances. Some motorcyclists slow their speed by downshifting rather than breaking. Motorists should allow at least three to four seconds following distance, and predict when a motorcyclist in front of them may slow down. When roads are wet, motorcycles can have a difficult time stopping quickly and should be allowed more space from other motorists.

Be aware that a motorcyclist may often change positions in a lane. Motorcycles do not respond to road hazards, such as debris and potholes, as well as other vehicles do. Because of this, a motorcyclist might often be seen changing his or her position within a lane, to avoid potential hazards. Motorcyclists may also change positions in a lane to be seen more easily by other drivers.

If you drive a motorcycle, remember these important motorcycle safety tips:

  • Get proper training before you ride. Enroll in a class that will train you on how to safely and properly operate a motorcycle.
  • Keep yourself visible. Wear a reflective helmet and clothing to increase your visibility at night. Always signal before changing lanes or turning.
  • Use extra caution when road conditions are unfavorable, such as during bad weather, on undivided highways, or poorly maintained roads.

In order to reduce the number of motorcycle accidents that occur each year in the U.S., all drivers must commit to being aware of their surroundings and to share the road with motorcyclists.

If you have been seriously injured or lost a family member in a motorcycle accident, contact the experienced Dallas – Ft. Worth personal injury lawyers at The Law Offices of Tim O’Hare. Tim O’Hare is a motorcyclist and has had his motorcycle license for many years.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /May 06, 2019 /Blog, Dallas Personal Injury Attorney, Uncategorized /0 Comment Read More

How to Win a Lawsuit Against a Trucking Company

by Dallas Truck Accident Lawyer, Tim O’Hare

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This year, an estimated 140,000 people in the U.S. will be injured in a trucking accident. Tragically, nearly 5,000 motorists will be killed in an accident involving a commercial truck, and the majority (74 percent) of those killed are passengers in the car, not the 18-wheeler.

While not every trucking accident is the fault of the truck driver, many are. If you are involved in an accident with a big truck, it may feel like it’s a case of the little guy (you) vs. the big guys — literally.

Proving fault in a trucking accident can be tricky because you must be able to prove that the truck driver broke a law, or that the driver or the trucking company was negligent. There are numerous laws that can apply to truck accident cases, including the Federal Motor Carrier Safety Act, regulations set by the Texas Department of Transportation, local city ordinances and the Texas Transportation code.

Federal Motor Carrier Safety Act — The FMCSA is a group of laws covering large trucks, buses and other commercial vehicles. These laws include how many hours a driver can drive without time off to rest, weight restrictions for 18-wheelers, insurance requirements, regulations regarding inspections and more.

Texas Department of Transportation — TXDOT controls licensing requirements for truck drivers and regulates how large trucks should be inspected and registered.

Texas Transportation Code — In the Texas Transportation Code, which has laws that apply to drivers of all vehicles, there are specific sections that apply to large trucks.

City Ordinances — Depending on the city in which the accident occured, there may be rules that apply only to big trucks, such as weight limits on certain roads and bridges. Some cities require truck drivers to stay in a certain lane on the highway.

Proving that a truck driver or the trucking company was in violation of a law, or that they were negligent — such as driver fatigue, rear-ending you, speeding, following too closely, improper lane change, failing to yield right of way, running a red light or other negligent conduct — to win your case against a trucking company isn’t always easy.  In many cases, there is more than one factor at play, such as a driver driving over the speed limit and driving while fatigued. A trucking company may be found liable if the driver wasn’t provided the necessary training, or failed to ensure the truck driver was in compliance with CDL renewal requirements. A lack of proper maintenance, repairs or inspections may also be a contributing factor.

Victims of trucking accidents can receive compensation if they have suffered bodily injury or property damage in a trucking accident caused by the truck driver. But proving the truck driver or trucking company is at fault needs a skilled truck accident attorney. The shear number of laws alone that could apply to your case are justification enough to hire an experienced truck accident attorney if you want to win your case.

If you have been involved in a traffic accident with a commercial truck or 18-wheeler, contact the experienced truck accident lawyers in Carrollton and Dallas at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /April 15, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Is the Rear Vehicle Always at Fault in a Rear-End Accident in Texas?

Dallas car accident attorney who is at fault in a rear-end accident in Texas.

by Dallas Car Accident Injury Attorney, Tim O’Hare

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Did you know rear-end collisions are the most common type of car accident in the U.S.? According to statistics from the National Highway Traffic Safety Administration, 29 percent of all auto accidents resulting in substantial injuries and fatalities each year are rear-end collisions.

It is a widely-held belief that if you hit another driver from behind, you are always at fault due to basic rules of the road, such as not following too closely, paying attention to the road and not driving recklessly. But is it ever possible that the driver in front in a rear-end collision is at fault?

Who is at fault in a rear-end accident isn’t always 100% clear, and you may be surprised that fault doesn’t always lie with the rear vehicle. A jury may find that the vehicle in front was at fault, or they may distribute fault between both the front and rear drivers. In some cases, a jury may decide it was a no-fault accident.

In cases where fault is distributed between the two drivers, even if you were injured, if you were “more” at fault (51 percent or more of the fault is on your shoulders), you are not able to recover any damages from the other driver.

If you rear-end someone in an accident, it can be difficult to prove that the other driver was at fault, but it is not impossible. In Texas, a “comparative negligence state,” you must be able to prove the other driver was negligent in order to win a claim against them. In other words, you must prove the other driver did something reckless or careless, such as pulling out in front of you and then slamming on their brakes.

This “rule of thumb” is also why, more often than not, the tailing vehicle is found to be at fault. It can be difficult to prove the rear driver was not following too closely, therefore not leaving enough room to stop if needed.

Here are some examples of rear-end collisions where the driver in front may be found to be at fault:

  1. A car pulls out into traffic, misjudging the distance between oncoming traffic and is hit from behind. Drivers pulling out of a parking lot or driveway must always yield right-of-way to drivers on the road.
  2. The front car suddenly slams on the brakes for no reason. These cases are rare and it can still be difficult to prove the driver in the rear was not following too closely.
  3. The car in front changes lanes and suddenly hits their brakes, causing a rear-end collision. Again, these arguments can be difficult to prove.

If you have been injured in a rear-end collision, you may be entitled to recover damages from the other driver for your injuries and lost property. Even if you were the driver in the rear, if the other driver cut you off or pulled out in front of you, you could win your claim.

Contact a personal injury lawyer in Dallas who is experienced at proving fault in rear-end accidents in Texas. Contact  The Law Offices of Tim O’Hare to speak with a Dallas car accident attorney today.

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972-960-0000 or Toll-Free 888-960-0020


By : Tim O'Hare /April 05, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

7 Leading Causes of Car Accidents


by Dallas Car Accident Injury Attorney, Tim O’Hare

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A car accident occurs about every 59 seconds on Texas roads. In 2017, car accidents in Texas caused 254,853 injuries and 3,794 deaths, according to the Texas Department of Transportation. None of us wake up planning to be in a car accident, yet every two minutes and four seconds, someone is injured in a car wreck.

These statistics are staggering. Tragically, many of the most common causes of car accidents are entirely preventable. Understanding common causes of car accidents may help you avoid being in a wreck yourself.

According to statewide data and statistics from TXDOT, here are the seven leading causes of all Texas auto accidents:

  • Speeding
  • Distracted Driving
  • Failure to stay in a single lane
  • Failure to yield
  • Unsafe lane change
  • Following too closely
  • Improper evasive action

The top causes of fatal accidents include:

  • Speeding
  • Driving under the influence
  • Veering into another lane
  • Failure to yield
  • Distracted driving
  • Over-correcting
  • Failure to obey stop signs

Though the fatality rate on Texas roadways decreased slightly (2.86 percent) from 2016 to 2017, even one death is one too many. Each of us can do our part to make Texas roads more safe by following driving laws, and eliminating factors such as distracted driving and drunk driving.

If you are involved in a car accident, do you know what to do? Being prepared will save you some headache, and could mean the difference between life and death. Here are nine things to do if you’re involved in an auto accident.

  • Turn your car engine off and turn on hazard lights.
  • Remain at the scene of the accident.
  • Call 9-1-1.
  • Seek Medical Attention.
  • Exchange information.
  • Photograph and document the accident.
  • Do not accept offers to settle on the spot.
  • Always carry an emergency kit in your car.
  • Keep a list of contact numbers in your phone and in your car.

If you have been seriously injured or lost a family member in a car accident, contact  The Law Offices of Tim O’Hare to speak with a Dallas car accident attorney today.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /March 26, 2019 /Blog /0 Comment Read More

Slip and Fall Accidents: Who’s Responsible for Your Injury?

by Texas Slip and Fall Injury Lawyer, Tim O’Hare

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Slip and fall accidents happen. But is there someone who can be held responsible? If you are injured in a fall on another’s property, who should cover the medical bills from treating your injury?

Slip and fall incidents generally fall under the “premises liability” category of personal injury law. When a property owner is negligent in maintaining a safe environment, including repair and upkeep of the property, they may be held liable if someone is injured while visiting their property. This can apply to both business owners and homeowners.

In many states, premises laws require property owners to exercise reasonable care to ensure the property — including interior aisles, passageways and floors — remain in a safe condition and that the property is free of hazardous conditions that may present a danger to someone visiting the property. Property owners have the responsibility to manage their property in such a way that others are not at risk of injury while on the property.

If someone is injured while on another’s property, the injured party may file a premises liability claim against the owner of the property if it can be proven that the owner was negligent in keeping his or her property safe. This is the key.  Property owners are NOT responsible for your medical expenses or other damages just because an injury occurred on their property. Their negligence must be the cause of the injury. Though both commercial property owners and homeowners may be held responsible for injuries occurring on their property, most premises liability cases are brought against the owners of commercial properties.

Common examples of premises liability or slip and fall cases include:

  • A slip and fall at a commercial establishment caused by liquids or another foreign substance
  • A trip and fall caused by unsafe property conditions

Premises liability may also include cases pertaining to:

  • Construction site accidents
  • Assaults by employees or business patrons
  • Negligent Security

Premises liability cases can be tricky, as it must be proven that the property owner was negligent. In Texas, successful premises liability lawsuits must prove these five elements:

A condition existed on the property in question that posed an unreasonable risk of harm to other individuals on the property.

  1. The property owner knew or should have known his or her property was in such condition to pose risk of injury to others.
  2. The property owner should have anticipated that others not discover the danger of the property or be able to protect themselves against it. (Thus taking action with necessary maintenance or changes to the property to avoid injury to others.)
  3. An individual was injured on the property in question.
  4. The injury was a direct result of the dangerous condition on the property in question.

If you have suffered injury or harm due to a hazard on a private or commercial property, it is important to document the accident with photos. Take pictures of the hazard. Get the names and phone numbers of as many witnesses as possible. These witnesses will play a significant role in the success of your case. And, most importantly, work with a personal injury lawyer who is experienced and has a record of success in premises liability cases. Contact The Law Offices of Tim O’Hare to speak with a Texas slip and fall lawyer today.

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972-960-0000 or Toll-Free 888-960-0020

 

By : Tim O'Hare /February 25, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

What You Need to Know About Workers’ Compensation in Texas

by Texas Christian injury lawyer, Tim O’Hare

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If you’ve been injured at work, don’t assume your employer carries workers’ compensation coverage. Unlike other states which often require businesses to hold workers’ compensation insurance, it is not mandated under Texas law.

It’s important that you know your rights and the laws surrounding work-related injuries and workers’ compensation in Texas. Here’s what you need to know.

Your Employer Does Carry Workers’ Compensation Coverage

Workers’ compensation insurance limits the amount and type of compensation an injured employee may receive. The three main types of benefits under workers’ compensation coverage include: medical, income and death benefits.

Under workers’ compensation law, any illness or injury sustained in the course and scope of employment is covered, without regard to fault. However, injury sustained as the result of willful criminal acts, self-injury, horseplay, intoxication, voluntary participation in an off-duty activity or acts of God are not covered.  

If your employer does carry workers’ compensation insurance and you are injured at work, you must file an injury report with your employer within 30 days of the injury. Do not provide a recorded statement of any kind to your employer without first seeking legal consultation and do not attempt to settle your injury case without an attorney working on your behalf.

Your Employer Does Not Carry Workers’ Compensation Coverage

If your employer does not carry workers’ compensation insurance, or if you are not eligible for workers’ comp benefits, you have the right to pursue a personal injury claim or lawsuit. A claim or suit will only be successful if the employer was negligent. Depending on the circumstances and the nature of your work injury, you may be entitled to money for medical bills, pain, emotional trauma, lost wages, deterioration of quality of live and the reduction of your future earning potential.

Accidents in the workplace can result in a wide range of minor to serious injuries. If you have been injured at work, let our experienced attorneys advise you. While we don’t handle strictly workers’ compensation cases, sometimes you can pursue a claim against a third party, even if your employer does have workers’ comp.  It is best to consult with an attorney who can provide you with your options. If we do represent you, we can refer you to quality medical care if you don’t have your own doctor or can’t afford co-pays or your deductible. We will fight aggressively for you and work with you to help you recover what you are due. Contact us today to learn more about job injuries. We handle construction cases, brain injuries, spinal cord injuries, burns, electrocutions, and many other on-the-job Injury related cases.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /February 11, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More
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    The Law Offices of Tim O'Hare, Attorneys & Lawyers, Carrollton, TX