Texas Supreme Court Clarifies Slip and Fall Accident Law at Sporting Events

If a person is injured by an unreasonably dangerous condition on city or state property while watching a youth baseball game, can he or she bring a claim under Texas law? Our law firm recently brought this issue before the Texas Supreme Court in the case Lawson v. City of Diboll, No. 15-0037, Tx. Sup. Ct. (Sept. 18, 2015).The facts of the case are as follows: Plaintiff was the grandmother of a girl at the Diboll Youth Baseball League, and was a spectator at the baseball complex owned by the City of Diboll. After the game, she tripped on a hollow pipe protruding from the paved sidewalk. The pipe was hollow because it was intended to hold a pole to prevent cars from entering the complex, but the pole was missing. She did not expect a four-inch pipe to be sticking out in the middle of the sidewalk and tripped, as she was walking in a crowd of people and did not see the pipe. So is this a typical premises liability case? Not quite.

What is the Recreational Use Statute in Texas?

The City of Diboll asked the court to throw out the lawsuit due to the Recreational Use Statute. The recreational use statute is a law that protects landowners from liability when someone is injured on  land open for “recreation.”  If a person is on land for recreational use, he or she can only hold the land owner responsible for an injury if the landowner was “grossly negligent,” which is a nearly impossible standard, much higher than mere negligence.  Recreation is defined in the statute as outdoor activities involving the enjoyment of nature. Things like hunt, fishing, and hiking are listed as examples in the statute. The idea is that if you let people come on your land free of charge to enjoy nature and the outdoors, you cannot be sued because you left the property in its natural condition, even if that condition is dangerous.The 159^th district Court in Angelina County decided that the statute was not intended to apply to the facts of this case and denied the City’s request to throw out the lawsuit. However, the City appealed that decision and the appeals court found that the recreational use statute applied to this case even though the grandmother was only a spectator at a softball game and was actually in the process of exiting the facility when the fall occurred.  Because the evidence in the case only supported a finding of negligence, rather than the gross negligence required by the statute, the Appellate Court in Tyler, Texas overturned the trial court’s decision.

Was the Plaintiff Engaged in Recreational Activity as a Spectator at this Sporting Event?

After the appeals court handed down its opinion, we took our client’s case to the Texas Supreme Court. Our highest state court decided that the Recreational Use Statute did not apply to the facts of this case, and overturned the Tyler Court’s decision to dismiss the case.The Texas Supreme Court held that being a spectator or even a participant at a competitive sporting event was not covered under the recreational use statute. The court pointed out that the statute was written to apply to natural or agricultural land, not a facility specifically built for competitive sporting events.Questions about premises liability or a slip and fall case in Texas? The personal injury lawyers at Mike Love & Associates, LLC can answer your questions for free.

Texas Drivers: Beware of this Auto Insurance Clause

Insurance groups are pushing the Texas Department of Insurance (TDI) to approve policies with pre-dispute arbitration agreements. Pre-dispute arbitration agreements rely on the use of arbitrators to resolve disputes as opposed to courts. In courts, consumers have the right to a trial by jury, and the dispute is resolved based on Texas laws.For example, let’s say you were to have a dispute with your insurance company but have a pre-dispute arbitration clause in your auto insurance policy. According to the executive director of the Office of Public Insurance Counsel, any disputes you have with your insurance company would go before an arbitrator selected by your insurance company. The outcome of the arbitration would be completely private, and there would be no appeals process if you disagreed with the decision. In addition, the normal rules and procedures in regard to evidence found in courtrooms may not be followed!As of right now, TDI is considering a policy that would allow such contracts to exist within our state (they have historically not allowed pre-dispute arbitration agreements). You might be thinking to yourself, “I would never sign up for such a policy!”, but the fact is, most people don’t realize when they are signing away their rights. Policyholders would be offered discounts for signing policies with pre-dispute arbitration agreements and the fact that the policy contains such a provision might not be disclosed.Sound familiar? We have discussed how insurance companies entice policyholders with lower rates, but then strip away underinsured/uninsured motorist and personal injury protection coverage. Insurance companies are lowering your rates by removing very important protections normally afforded to policyholders.

How Pre-Dispute Arbitration Agreements Strip Companies of Accountability

A lot more can be said about why pre-dispute arbitration agreements are bad for consumers. One of the worst parts of a pre-dispute arbitration agreement is that it strips insurance companies of accountability. In many ways, arbitration agreements are used by businesses to avoid the courts and deny consumers a fair trial. The proposed policies could allow insurance companies to deny claims and commit other unethical business practices.While we have used this blog to discuss how pre-dispute arbitration agreements will damage auto insurance policies, the fact of the matter is that it covers all types of insurance! If we were to compare this proposal to a game of poker, you would be holding a pair while the insurance companies are holding a royal flush. The desk is stacked against you because these agreements deny you the right to a jury trial.The personal injury attorneys at Mike Love & Associates, LLC can review your Texas auto insurance policy at no cost.

Planning to Ride This Summer? Make Motorcycle Safety a Priority

Summer is two weeks away, and many people already have taken motorcycles out for a ride. Whether riding is your main method of transportation or a hobby, there are often dangers created by motorists.Unfortunately, motorcyclists can be difficult to spot. This is especially true for lighter motorcycles that are smaller and make less noise. According to the National Highway Traffic Safety Administration (NHTSA), 42 percent of motorcycle accidents are caused by other vehicles turning left in front of motorcyclists. The accident statistics published by NHTSA match what we see in our own practice. A majority of the motorcycle accident cases we handle involve vehicles turning left in front of motorcyclists in broad daylight.In other words, motorcyclists are practically invisible to motorists. Not only are motorcyclists difficult to spot, but plenty of motorists have bad driving habits. Keep in mind, distracted driving has reached unsafe levels across the country.It is extremely important that motorcyclists know defensive riding skills. These skills can include how to scan the road and mirrors for potential hazards, increasing visibility by wearing bright clothing and learning the safest ways to overtake other vehicles. Riding in groups is another great way to improve visibility. The purpose of defensive riding is to decrease the chances of being involved in an accident.Defensive riding skills can be learned in motorcycle safety courses (also called motorcycle operator courses). Motorcycle safety courses are available nationwide, and if you ride, they may very well save your life.Both new and experienced riders can benefit from motorcycle safety courses. Here’s how to find these courses and why they are of vital importance.

How to Find Motorcycle Safety Courses in Texas

Depending on your situation, you may have taken one of these courses while applying for your motorcycle license. However, additional courses can teach new skills for avoiding accidents. These are the types of courses that will serve as the focus of our blog today. Always make sure that any course you take is certified by the Motorcycle Safety Foundation.The first step to finding a course close to your residence, is to visit the Texas Department of Public Safety’s website. Let’s use Lufkin as an example. If we enter Angelina County and Lufkin, we get a listing of two places nearby that offer motorcycle training. Alternatively, if we use Harris County and Houston, we get ten places to choose from.The results will display the type of motorcycle training and curriculum offered. If links to training centers don’t work, type the business names into Google to see if courses are still available.Intermediate Courses/Basic II: Intermediate courses are typically eight hours for one day and will sharpen skills used to avoid accidents while riding. Riders who have taken a break from their motorcycle are encouraged to use intermediate courses to relearn or sharpen skills. Skills can include strategies for dealing with traffic hazards, other motorists and swerving techniques.Advanced Courses: Advanced courses sharpen existing skills for experienced riders. In addition, riders can learn new maneuvers. Riders might learn techniques for traction control, high speed maneuvering and emergency braking. Some courses might also cover tips for maximizing the potential of protective gear and motorcycle maintenance (although similar tips might be found in basic and intermediate courses too).These are just examples of what you may find after enrolling in a motorcycle safety course. Depending on where you take the course, curriculum can vary.Motorcycle safety courses are important for obvious reasons. Mostly because riders are difficult for motorists to see, and because motorcycles offer little to no protection from collisions.

When It Comes to Motorcycle Safety, Practice Makes Perfect

Riders know that motorcycle accidents can happen for a variety of reasons, such as bad weather, negligent driving from other motorists or equipment failure. Your skill on a motorcycle can mean life or death, so why not take courses that can sharpen your abilities as a rider?

Who is Covered Under Your Texas Car Insurance Policy?

If you have recently purchased Texas auto insurance, it is vital to know who is covered in the event of an accident. Being wrong about who is covered can mean not receiving the full amount of funds needed to recover from injuries or property damage.Auto insurance policies vary and it is not uncommon for people to be confused on the specifics of coverage. In many cases, family members under the same roof are covered, but in others, they may lack coverage. Some people may lend their vehicles out to roommates, believing they are covered under policies. While this is possible under permissive use, auto insurance consumers would never know for certain without first closely examining their insurance policies. A person might be listed as an excluded driver on a policy.Not only are some people covered or not covered, there are different types of coverage that come into play. In fact, finding out what types of coverage you have under your policy can be just as important as finding out who is covered. This is the part of the blog you need to pay attention to, and we will explain further why types of coverage are important.

Why You Should Understand the Different Types of Coverage On Your Policy

Auto insurance policies can have personal injury protection (PIP) coverage, uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage, comprehensive and collision coverage (just to name a few). Obviously, your auto insurance policy is not as simple as you may have assumed. Let’s use a hypothetical example to explore why it is important to understand the different types of coverage.Joe is a single father with a son home from college for two weeks during the summer break. One day, Joe’s son asks to use his car to go pick up groceries. Not thinking much of it, Joe hands his son the keys. On the way to the store, Joe’s son is involved in a collision with another vehicle. The other vehicle was driven by an underinsured motorist (this becomes important later). Joe’s son suffers a broken arm and concussion. In the days that follow, Joe haggles with his insurance company to find out what is covered. To his horror, he finds out his policy lacks UIM coverage.Why is this important? Without UIM coverage, Joe and his son might only receive the maximum amount covered by the other driver’s policy (the other driver was an underinsured motorist). Unfortunately for Joe’s son, that may not be enough to cover the medical bills and rehabilitation costs associated with his injuries. Even though Joe’s son was covered on the policy, he was unaware that he lacked a specific type of coverage. See why it is important to understand the different types of coverage, not just who is covered?Some information on who is covered can be found on the ‘declarations page’ of your insurance policy. The declarations page might provide a summary that lists types of coverage, limits for coverage, and vehicles and people covered under your policy. Additional information may be pulled from other areas of your policy.There are other nuances to car insurance that can create confusion and make it less likely that you receive the help you need after being involved in an accident. The personal injury attorneys at Mike Love & Associates, LLC will review auto insurance policies at no charge. We believe it is important for people in our community to know what types of coverage they have on their policies. Here’s the thing to understand about car insurance companies: they are not your friend. Your insurance agent works for a business primarily concerned with profit, and not about seeing to it that you get what you need to survive after an accident. Paying for your injuries and medical bills costs these companies money.It is possible you signed the dotted line without realizing that lower monthly payments mean you lack PIP and UIM coverage. You might be unaware you signed away your rights to this type of coverage. Don’t be like Joe and wait until after an accident to understand your insurance policy, because by then, it might be too late.The personal injury attorneys at Mike Love & Associates, LLC wish our fellow Texans a happy and safe summer.

Are Electronic Cigarettes Safe to Use?

If you, family members or friends have used tobacco products, chances are you have also seen electronic cigarettes. Electronic cigarettes are devices that use lithium-ion batteries to heat up flavored juice containing nicotine. These products have become widely popular alternatives to traditional tobacco products because vapor is produced instead of smoke. Former smokers may believe electronic cigarettes are ‘safe’ alternatives to tobacco cigarettes.Up until recently, the electronic cigarette industry has been unregulated. Poor design and manufacturing of electronic cigarettes has caused some devices to explode. Electronic cigarettes can also explode if used improperly, but many consumers are unaware of what actions can cause explosions.There have been several recent cases of electronic cigarette explosions causing serious injuries. A New York man was using an electronic cigarette when it exploded without warning, knocking out his teeth and ripping a hole through his tongue. Another man in Colorado was left partially paralyzed after an electronic cigarette exploded while in use. Other people have reported explosions while electronic cigarettes were being charged.People hurt by electronic cigarette explosions have suffered third-degree burns, broken teeth and facial injuries. Many people burned by exploding electronic cigarettes have been forced to undergo skin grafts.If you regularly use electronic cigarettes, it is important to stay informed on the possible risks. This blog is not meant to bash electronic cigarettes, but to inform you on how these devices can explode.

Lithium-Ion Batteries and Electronic Cigarette Explosions

Electronic cigarettes explode when lithium-ion batteries undergo a thermal runaway effect. In this case, a thermal runaway means the batteries become exponentially hotter until they explode.It is also worth mentioning that this is not a ‘typical explosion’. Due to the shape and construction of many electronic cigarettes, battery failure can result in devices shooting superhot flames and debris several feet. If you are a fan of fireworks, try to picture a very large bottle rocket explosion. There are several ways lithium-ion batteries can explode.Shops that sell these products may allow customers to purchase certain types of batteries and chargers that are not supposed to be used together.When lithium-ion batteries are placed in pockets with loose change, they can short and explode without warning. ABC News recently discussed how a 19-year-old Colorado man suffered third degree burns on his thigh from placing an electronic cigarette in his pocket with loose change.In other cases, batteries are used with electronic cigarettes that they were not designed for. The strangest cases involve no clear explanation. A New York woman suffered third-degree burns when an electronic cigarette exploded in her pocket. An investigation during a lawsuit filed by the woman could not discover why the battery had exploded in the first place.

Electronic Cigarette Explosions Cause Permanent Injuries

Many people hurt by these explosions have suffered permanent injuries. For example, a 14-year-old boy was left partially blinded from an electronic cigarette he purchased illegally at a mall kiosk. Electronic cigarettes are also often marketed as ‘safe alternatives to tobacco products’.Stores that are selling multiple incompatible batteries and electronic cigarettes, or poorly designed and dangerous products, could be held accountable when people are injured. These vendors also have a duty to their customers to inform on possible risks and to offer suggestions for safe use.The personal injury and product liability lawyers at Mike Love & Associates, LLC will hold negligent businesses accountable when customers are injured.