Any Texas business can find itself defending against a costly personal injury case. While it is up to a plaintiff to prove that a business acted negligently, resulting in their injuries, a solid defense is necessary to prevent paying substantial settlements or judgments. One of the best approaches is establishing a business strategy crafted by sound legal advice and solid risk management plans.
Fee, Smith & Sharp LLP offers proactive legal advice and solutions to local and national business owners, including those in the hospitality, restaurant, retail, apartment complex, and construction business industry. We help those who face significant legal challenges and require Texas premises liability or construction accident liability defense. Our firm offers trustworthy guidance on what to do if your business is named as a defendant in a personal injury case.
Step 1: Collect Relevant Documents Relating to the Dispute
As a Texas business owner, you recognize the value of documenting your transactions, interactions, and business processes. Similarly, you will need to start preparing for a dispute by collecting relevant documentation to review with your legal representative. This includes contracts, digital communications, employment policies, training, repair maintenance logs, and invoices. The type of business you own and the plaintiff in the case will also determine the documentation required to support your defense.
Whether a claim settles or a case is litigated in court will impact the time it takes to complete a personal injury case. Discovery and pre-trial motions can impact the start of a case, pushing its completion out for months or years. By working with a communicative defense team that constructs your legal defense strategy, you can prepare for the long haul and focus on business.
Step 2: Schedule a Consultation With a Texas Trial Lawyer
Personal injury cases against your Texas company require a plaintiff to prove your business actions were negligent and led to their injuries. You can count on the plaintiff to seek evidence supporting their claim, so it’s vital that you work with a qualified Texas trial lawyer who will push back to build a robust case for you.
Texas follows modified comparative negligence laws, which allow proportionate responsibility to be assigned to personal injury. A plaintiff who is more than 50% at fault for their injuries may not pursue legal action against you. Part of your premises liability defense will consist of reviewing the evidence in a claim to determine fault.
Your attorney may find evidence that the plaintiff’s negligence contributed to their injuries, reducing the percentage of fault against your business or eliminating your company’s role in causing the injuries.
Your Lawyer Will Schedule a Review of Procedures
Personal injury cases against a business often result in a civil action as the result of a sexual assault, trafficking incident, or third-party criminal acts. There is no way to know every possible threat your clients may face as a business owner. However, by scheduling a review of the procedures your business has in place, our team will strive to defend against any claims of negligence.
A review of your company’s existing procedures can show the use of security cameras, security gates, adequate lighting in hallways and parking lots, key cards, and background checks on all potential employees. All these procedures can present evidence of your company’s efforts to protect business patrons, renters, or other clients of your business.
The Plaintiff’s Status Is Critical
A Texas premises liability defense lawyer will also review the status of the person on business property to determine which of the following categories they fall under:
- Business patron
- Social visitor
- Trespasser
Texas laws support an open and obvious defense in premises liability cases resulting in personal injuries. This strategy holds that property owners cannot be held responsible for the plaintiff’s injuries when the hazard is obvious and in the open. In other words, if a person chooses to enter a room where electrical wires are sparking, your attorney could argue they ignored an open and obvious danger, and you are not liable.
A premises liability attorney with our team will work to prove that a reasonable person would have observed the situation leading to their injury and avoided it. In addition, your lawyer may be able to present evidence that the plaintiff was trespassing, giving them fewer rights to sue under Texas law. If there were a trespasser, they cannot continue with a civil action against your business unless they can prove their injuries were the result of your intentional actions or gross negligence.
Step 3: Consider a Construction Defect or Injury Non-subscriber Defense
Accusations of workplace injuries resulting from safety violations require a knowledgeable defense with experience litigating cases impacted by Occupational Safety and Health Administration (OSHA) standards. Fee, Smith & Sharp LLP has extensive experience and an advanced understanding of non-subscriber employer requirements in the construction, oil and gas, transportation, and industrial manufacturing industries. A personal injury defense attorney in Texas can review implemented business policies and safety plans to protect against personal injury in the workplace, such as:
- Meeting training requirements in OSHA standards
- Employment hiring standards
- Implemented background and drug checks
- Safety and operational reviews, including risk assessments
- Supplying personal protective equipment (PPE)
- Equipment operation training and inspection schedules
- Hazard communication programs
Years of experience representing clients in highly regulated industries allows us to anticipate the other side’s strategy and defend against accusations. Our tailored approach to serving clients will enable us to discuss implementing policies and procedures that protect your best interests knowledgeably should someone file a civil action against you.
Step 4: Review the Terms of Your Insurance Policies
It is critical to assess insurance coverage inadequacies prior to a personal injury lawsuit. Your attorney can help you ensure your business insurance policies meet your coverage requirements. They can review your policy limits in case your business is required to pay for the damages resulting from a personal injury. Increasing policy limits may also serve to protect your personal assets as well.
Has Your Texas Business Been Named a Defendant in a Personal Injury Case?
The Texas trial lawyers at Fee, Smith & Sharp LLP care about your business’s success. Our focus on providing aggressive representation to innovative companies across Texas and into Oklahoma, wherever they conduct business, has successfully led us to serve high-profile individuals and Fortune 500 entities.
Let us strive for your desired results by providing a formidable defense for your business. We also offer risk management guidance for developing plans to prepare and protect you from the unexpected. Contact us to get started today.
