General Liability Attorneys in Texas

The Pursley Law Firm attorneys would like to help you learn more about liability cases in Texas. A liability attorney can help you determine if you have a case in Texas including Houston, Dallas, Fort Worth, Austin, or most cities in Texas.

Liability cases can be a very complicated area of law and some of the most difficult for lawyers to prove responsibility for an injury or harm done. This is partly because there are several other factors involved in an injury besides whether it occurred on someone else's property, as a result of a defective product, drug, or equipment, or because of someone else's actions (e.g. a bartender over-selling alcohol to a clearly intoxicated person). Every possible defendant in liability cases has a particular standard of care that they have to follow based on their respective situations. The general standard for each area of liability is reasonable care, but each one is differentiated from the others depending on the severity of the potential injury and the knowledge of the responsible party.

Our firm handles a variety of general liability claims for clients located in Texas,
including those arising out of:
Liquor Liability & Dram Shop, Premises Liability, Defective Products Liability,
Defective Drug Liability

Liquor liability deals with using reasonable care in the service of alcohol. This would include liquor shop owners, or anyone who sells alcohol, bar owners, bartenders and waiters. It is assumed that because of the employment position, people holding these jobs have more experience with intoxicated people. They should be able to identify when people have had too much to drink and then refuse to serve them further. Additionally, some groups like MADD believe that those serving alcohol should take measures to ensure that intoxicated persons go home (not driving) rather than to another bar.

Premises liability involves the use of reasonable care for people who own land or even for people who are leasing property. Specifically, reasonable care may include, eliminating dangerous conditions, giving warning about dangerous conditions, and/or taking steps to prevent people from being hurt by dangerous conditions (e.g. fences around swimming pools, lights in parking lots and other security measures). Sometimes it is assumed by people on the property that the owners and managers have taken the responsibility of ensuring the safety of their guests/tenants. If there are no warning signs this may be a reasonable assumption to make. However, whether it is a public store, apartment building or some other property with tenants or guests, if there is no warning about unsafe conditions and these same conditions are known to the owners and/or managers, but not dealt with appropriately, then any injury that occurs should be compensated appropriately when the prior knowledge of danger is proven.

There are some similarities between liability cases involving defective products and defective drugs. For defective products, the company or person responsible for the product design must not be negligent in their design. This would include sending a product to manufacture that they are aware of a flaw that poses a potential for danger to the intended user. An overstated example would be, if the testing showed that the airplane would not fly safely, then it should not be built for people to fly in as transportation. The manufacturer may also be liable if they are negligent in making the product, such as a bolt was not tightened enough when it was made and there was not an appropriate quality control to prevent it from being delivered to the consumer. Even the sellers of products can carry some liability if they knew that there was something wrong with the product they sold (as in the Firestone tire and Ford Explorer cases). This applies in the context of drugs because there have been examples of drugs made that have harmful side effects and they are still put in the consumer market, (e.g. Vioxx, Orthro Evra). Also, without strict quality control procedures, there could be a manufacturing problem where a poisonous substance was put in a certain batch of drugs or the proportions of certain ingredients were not accurate and led to the harm of consumers.

All of the injured people that may be involved in these types of liability cases tend to be more at risk than an average person. Since there is a greater danger or propensity for things to go wrong in these areas and they are therefore almost 100% preventable as opposed to other types of accidents, there tends to be more at stake for persons or companies that are defendants in these cases and that can lead to a more intense legal arbitration. Although the standard of care is the same as in all negligence cases, because there may be greater risks involved in the areas described above, a "reasonable person" in the place of a bar owner, property owner, product or drug designer/manufacturer/seller is held to a higher standard in their conduct. Because of their expertise, the defendant could be held to a higher standard of care or safety. As an example a scientist and company designing and researching a drug that covers up known harmful side effects to get it approved and available to the general public is committing a more serious failure to act responsibly, which sometimes affects a jury's compensation award for damages, pain, and suffering. Despite the complicated aspect of law in liability injuries, having as many details and facts that point to the responsibility of another party for the injury or harm done can be extremely helpful in a liability case.

To have your general liability case assessed by an experienced attorney, contact the Pursley Law Firm or fill out our Case Evaluation Form and an attorney will contact you within 24 hours.