Consult a Dallas Personal injury lawyer. This website information is not intended as legal advice. This website information should not be interpreted as forming an attorney-client relationship.
In Texas, a company has a duty to use ordinary care to prevent foreseeable injury. The company should use ordinary care to protect employees and independent contractors from work-related hazards when the company retains some control over the details of carrying out that work.
As such, a company owes a duty of ordinary care to ensure that safety rules and regulations made and enforced by the company are reasonably safe and do not increase the probability or severity of injury to an independent contractor or employee.
For example, this comes up when real-estate development companies hire out their electrical, masonry, carpentry, etc. They hire independent contractors and forget they cannot fully delegate the duties mentioned above solely on the independent contractor. This problem threatens the safe working environment needed to ensure good workmanlike service.
OSHA requires employers to report all severe work-related injuries, defined as an amputation, in-patient hospitalization, or loss of an eye. The requirement began on January 1, 2015.
Oil field injuries account for the most severe injuries in the U.S. according to OSHA. Here is a closer look at some common accidents:
The elements of negligence are the existence of a duty owed by one party to another, and a breach of that duty which causes both foreseeable, and compensable damage to a plaintiff. A Dallas personal injury lawyer must prove the case by presenting convincing evidence with respect to all these elements.
Whether an injury was foreseeable is the primary factor involved in finding out whether a duty exists. In many cases, it’s the foremost and dominant consideration to make when you want to sue somebody for damages. Ask yourself, should the other person have known better? Or did they act reasonably?
Breach of duty is often a fact question. What does that mean? It means the question depends on what the facts were at the time of the incident that caused the harm. For example, when a motorist runs a red light, they have breached the duty to follow the rules of the road. It’s foreseeable that an injury is likely with cars being so heavy and dangerous. Therefore, when the motorist hits someone, we feel ok with holding that person accountable.
A Dallas personal injury lawyer must balance the likelihood of injury, the seriousness of the injury that happens, and the interest that must be given-up to avoid the risk. That’s how we win cases.
In our motorist example above, the likelihood of someone becoming seriously injured or killed is too high not to impose restrictions on other motorists. Therefore, the law imposes a duty on motorists to operate their vehicles in a reasonably prudent manner and follow the rules of the road.
In Texas, there are some special duties imposed on drivers: Common Carriers, like buses, are required to use the highest duty of care for the safety of their passengers. This can give clients context when deciding whether to hire us