Archive for November, 2008

Texas Intentional Torts, Assaults and other Bad Acts

November 26th, 2008

I was violently assaulted at a night club; can I bring a claim against the person who assaulted me, or the night club?
People who commit intentional actions such as assaults are liable for damages due to such bad actions under Texas law.  An assault can constitute not only a physical beating, but even a threat [...]

Texas Employer Liability for Employee Actions

November 24th, 2008

I was injured by an employee of a company.  Can I sue the employer of that person?
What you are asking seems to be whether an employer can be liable for the acts of his employee.  Under general tort law principles, an employer can be liable for the acts of his employee.  This legal principle is [...]

Can I be held responsible for my children’s negligent actions?

November 19th, 2008

 
“Will my child’s torts make me liable?”
Tort comes from the Latin word “tortus” which means “wrong”.  A tort is defined as a private or civil wrong or injury resulting from a breach of a legal duty that exists by virtue of society’s expectations regarding interpersonal conduct, rather than by contract or other personal relationship.  In [...]

Insurance Law: Duty to Defend; Duty to Indemnify

November 10th, 2008

What is required of my auto insurance company if I’m sued in a car accident lawsuit?
 You raise an important question.  After all, month after month, you dutifully pay your automobile insurance premiums.  If another driver injures you in an auto accident, you probably know that you can file a personal injury lawsuit against the at-fault [...]

Texas Paid Versus Incurred—what is the proper measure of injury damages?

November 4th, 2008

I was seriously injured in a car accident, but my insurance paid most of my medical bills; can I still bring a claim against the at-fault driver, and how much could I collect?
If a person is seriously injured due to the negligence of another, and their insurer pays any part of their medical bills, they [...]

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