Premises liability claims typically are made by customers or employees who sustain personal injuries as a
result of:

• a slip and fall;
• a trip and fall;
• falling objects; or
• a crime committed against the customer or employee on the business owner’s property.

Common hazards that can subject a business owner to premises liability include spilled water on the floor, an un-marked step or curb, a crack or hole in the sidewalk or floor, inadequate lighting, and leaking equipment. Additionally, business owners whose property is located in a high-crime area may be exposed to premises-liability claims resulting from an assault, rape or other crime committed on the business’s property.

PeavlerBriscoe has substantial experience in representing business owners and occupiers of land against premises-liability claims. We aggressively defend cases, often obtaining an early dismissal through procedural tactics such as removal to federal court and motions for summary judgment. For those cases that cannot be dismissed or reasonably settled, PeavlerBriscoe  is well-equipped to take those cases to trial in state or federal court. In addition, PeavlerBriscoe helps clients evaluate whether they have any right to contribution or indemnity from other parties such as contractors, vendors or insurers. If contribution or indemnity is available, PeavlerBriscoe assists its clients in pursuing potentially responsible parties, often recovering for its clients all of their attorneys’ fees.

PeavlerBriscoe works with its clients to understand the company’s operations, policies and procedures, and it works with risk-management, security and management personnel to both defend premises-liability claims and to provide advice on reducing potential liability exposure. Whether you have received a claim or just want to evaluate your potential premises-liability exposure, PeavlerBriscoe can help.

Texas is unique in that it allows employers the choice of whether to obtain workers compensation insurance. If an employer chooses to not carry traditional workers compensation insurance, it is considered a “nonsubscriber” to the Texas Workers Compensation Act. The U.S. Fifth Circuit Court of Appeals has described the Texas workers compensation system as a “statutory scheme that wields both a stick and a carrot.” The “carrot” for nonsubscription is that employers who opt out of traditional workers compensation insurance have more freedom to design their own benefits plan — or even offer no benefits whatsoever — according to their own needs and the needs of their employees. The “stick” of nonsubscription is that employers who opt out of the system no longer enjoy immunity from lawsuits. Moreover, when sued by an injured employee, nonsubscribing employers are stripped of certain common-law defenses that otherwise might reduce or even eliminate an employer’s liability.

Nonsubscription has developed its own body of law, and nonsubscribers need lawyers who understand and have experience litigating nonsubscriber cases. PeavlerBriscoe specializes in the representation of Texas nonsubscribers. Whether the employee files suit on general negligence and unsafe-workplace theories or asserts an ERISA claim for benefits under the employer’s occupational injury and disease benefits plan, PeavlerBriscoe can help. Partner Donna Peavler is well known in the nonsubscription arena and often speaks and writes on issues affecting nonsubscribers in Texas. PeavlerBriscoe is well-connected in the nonsubscription marketplace and can help put nonsubscribing employers (and employers considering nonsubscription) in touch with quality third-party-claims administrators and insurance brokers who specialize in nonsubscription.

PeavlerBriscoe represents numerous nonsubscribing employers throughout Texas in federal and state court, as well as arbitrations and mediations. PeavlerBriscoe is a member of TXANS, the largest association of nonsubscribers in Texas, and PeavlerBriscoe has search engines in place to make sure it is kept abreast of recent developments and decisions relating to nonsubscribers and employee accident and injury benefit plans, and it promptly passes on breaking news and recent opinions to its clients and subscribers to its e-mail alerts. To subscribe to PeavlerBriscoe e-mail alerts, please send an e-mail to Donna C. Peavler.

Dallas, Texas Insurance Defense Law Firm

EFFECTIVE SOLUTIONS WITH YOUR BEST INTEREST IN MIND
Although PeavlerBriscoe has forged its reputation through its litigation abilities, the firm’s attorneys commit their best efforts wherever possible to resolving your problems without resorting to court. They understand how expensive litigation can become, and that litigation may not be the best option in your case. For these reasons, they routinely utilize arbitration and mediation to settle disputes for clients at much-reduced cost, and propose settlements that have your company’s best interests in mind.

Generally, transportation accident litigation focuses on driver negligence, driver fatigue, failure to supervise and train drivers, driving under the influence, failure to inspect the vehicle, and various violations of transportation regulations and safety standards.  The attorneys at PeavlerBriscoe have extensive experience defending against these claims, and are thoroughly versed in the intricacies of both the Texas Department of Transportation regulations and the Federal Motor Carrier Administration regulations, which are frequently at issue in cases of this nature.

Each transportation accident presents a unique factual situation, and our attorneys are dedicated to investigating each and every accident.  Our investigations utilize the expertise of accident investigators, medical experts, and engineers to determine the cause of the accident.  Frequently, our investigation into the facts of an accident reveal that even if the driver violated applicable trucking regulations, speed limits, or transportation laws, these violations are irrelevant to the actual cause of the accident and importantly, the driver’s and company’s liability.

In many accidents, another driver is responsible for causing the accident, and not the truck driver or the trucking company.  In these cases, the driver that caused the accident can be held at fault based on their proportionate responsibility.

If you or your company have been involved in a trucking accident, please contact the attorneys at PeavlerBriscoe so we can help you today.

PeavlerBriscoe’s attorneys offer unique expertise in the area of commercial litigation. They are able to assist clients either prosecute or defend a commercial dispute, such as contract disputes, insurance disputes, and disputes relating to purchases or sales of goods or services. In the commercial-litigation arena, our lawyers have experience representing clients in declaratory-judgment actions, breach-of contract actions, and actions for temporary restraining orders, and temporary and permanent injunctions. Their creativity in crafting inventive causes of action and defenses gives PeavlerBriscoe clients an edge in all stages of litigation, dispute resolution, and, when necessary, trial.

PeavlerBriscoe attorneys don’t just defend lawsuits. Instead, they constantly look for “tender” opportunities to help their clients find vendors, landlords, and other third parties to assume responsibility for their clients’ defense and to indemnify their clients in the event of a settlement or loss. Tender opportunities are often not readily apparent, and many less experienced lawyers overlook sometimes hidden, cost-saving opportunities to persuade a third party to take over the litigation.

Outside the litigation context, we are well-versed in Texas case law and statutes that define indemnification rights and obligations. We leverage this knowledge to help clients draft indemnification provisions that will withstand the many challenges an indemnitor can lodge under Texas’s plethora of anti-indemnity laws.