Articles Tagged with David HagEstad

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MotorcycleAccidentsMotorcycle accidents happen in a blink of an eye. The biker is often left with very little time to maneuver to safety, causing them to lay the bike down or simply take the hit straight on. As a result, the injuries that motorcycle riders and passengers incur are regularly more severe than that of those in the vehicle that hit them.

Injuries mean hospital stays, lost wages, long recovery, hospital bills. Big ones. In a typical motorcycle accident here in the Dallas and Fort Worth areas, the amount of medical bills can exceed $100,000 in just the first few days of treatment. We have had countless cases where injured bikers have been in the hospital for weeks, and even months, at a time.

IT DOES NOT TAKE A BIG ACCIDENT TO GET BIG INJURIES IN MOTORCYCLE CASES

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EasttexasEminent Domain and Condemnation is the process by which the city, county, state, or private utility or other statutorily granted entity, may come in and force you to sell all or part of your property to them under the guise of a public need. For the purposes of this article, the party claiming a public need will be called a “state actor”.

Although it is a fairly complicated process, the state actor will institute negotiations with the property owner in an attempt to purchase the property outright without actually entering into the “eminent domain” process.

Under Texas law, there are three elements required to show for eminent domain:  (1) The actor must be the state or a private entity authorized to condemn; (2) the property must be taken for public use; and (3) the landowner must receive adequate compensation for the condemned property.

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Got-served-300x200Have you recently been served with lawsuit in Dallas, Rockwall or Kaufman Counties? Well, stop freaking out for a few minutes and read this article. There are several things you need to understand about the papers you just received and what that means for you, your business and your money.

  1. 1. You Are Now On The Clock

If you have been served, the time period for you to file your answer or other plea has begun. It is important for you to understand the time period provided on the citation paperwork you have received. If you have been sued in county or district court, the time period provided is funky and should say something like this: you have until 10:00 AM the Monday next following the expiration of 20 days following the date of service.

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wetfloorsign-300x200Stores like Wal-Mart, Kroger and Target owe their customers a duty of care to maintain the floors in a reasonably safe condition for their customers to walk on. For example, lets say that you were injured in a Wal-Mart in Rockwall, Texas and sustained injuries. Now, just because you were shopping in a store and you fell does not mean that you can sue Wal-Mart for your injuries. Generally, a Plaintiff has to prove that Wal-Mart had either actual or constructive knowledge of the dangerous condition that posed an “unreasonable risk of harm” and that Wal-Mart failed to take steps necessary to protect their customers from the dangerous condition.

The law in these circumstances talks about “duties” and we must determine what was Wal-Mart’s duty under the circumstances which led to the slip and fall. The duty that Wal-Mart would have here is a duty to protect their customers from an unreasonable risk of harm. How can they violate this duty? This duty can be violated in three different ways:

  1. Defendant placed a foreign substance on the floor that is walked on.