Texas Personal Injury Cases

The Texas Supreme Court established the framework for premises liability claims involving slip-and-fall accidents in retail establishments. The Court held that an invitee must prove that the property owner had actual or constructive knowledge of a dangerous condition and failed to exercise ordinary care to reduce or eliminate the risk.

The Texas Supreme Court refined the premises liability framework for slip-and-fall cases by addressing what evidence is sufficient to establish constructive knowledge of a hazardous condition. The Court held that mere proof that a substance was on the floor is insufficient — the plaintiff must present some evidence of how long the condition existed.

The court addressed the requirements for expert reports in healthcare liability claims under Texas Civil Practice and Remedies Code Chapter 74. The court held that an expert report must provide a fair summary of the expert's opinions regarding the applicable standard of care, how the defendant breached that standard, and how the breach caused the plaintiff's injury.

The court addressed the standard for proving causation in a rear-end collision case and the proper calculation of damages for soft tissue injuries. The court held that in rear-end collision cases, negligence is generally presumed and the burden shifts to the following driver to explain why the collision was not their fault.

The court addressed the calculation of future damages in a personal injury case involving permanent impairment. The court held that future medical expenses and lost earning capacity may be proven through expert testimony establishing the reasonable probability that such expenses will be incurred, without requiring mathematical certainty.