Category Archives: Texas

Do you have a Facebook, MySpace or other social networking account? Could anything on your site be considered inconsistent with the claims in your lawsuit? Have you posted anything that you would be embarrassed to talk about in open court if your case goes to trial? Do you believe that your postings are private” only available to those you allow access so the insurance defense lawyer can’t get them? If you answered yes to any of these questions, please continue reading.

Kathleen Romano’s personal injury case made headlines when the judge ordered her to deliver a signed consent allowing the defense access to her current and historical Facebook and MySpace pages, including postings and other information she thought was private. Ms. Romano alleged in her lawsuit that she suffered serious permanent injuries when she sat on a defective chair manufactured by Steelcase Inc. that caused her to fall. Her claimed injuries included herniated discs, restricted motion in her neck and back, progressive deterioration, pain and loss of enjoyment of life. Ms. Romano also claimed that she had been largely confined to her house and bed since she fell. However, the defense lawyers in her case found her Facebook profile photo showed her standing outside of her house smiling happily and other content that indicated she had recently taken a trip to Florida.

The judge ruled that because the public portions of [Ms. Romano’s] social networking sites contain material that is contrary to her claims and deposition testimony, there is a reasonable likelihood that the private portions of her sites may contain further evidence, such as information with regard to her activities and enjoyment of life, all of which are material and relevant to the defense. The judge ordered Ms. Romano to give the defense access to her private postings to look for other information to attack her claims. The judge ruled that Ms. Romano had no reasonable expectation of privacy online.

You should expect that the insurance defense lawyers in your case are checking social networking sites for information they can use against you. You should assume that if the insurance defense lawyers ask, the judge in your case will give them access to your private postings. Don’t be surprised if the defense lawyers in your case ask for and receive access to postings that you deleted from your site. Here’s a good rule to follow before posting: Assume anything you post can and will be used against you in a court of law.

The Texas Supreme Court has not been a friend of the slip and fall victim. Over the last decade the Texas higher courts have handed down multiple decisions making it increasingly difficult for slip and fall victims to obtain any recovery for their injuries and losses. Many victims have even lost their right to a jury trial due to No Evidence Summary Judgment rulings that kill the lawsuit prior to trial, denying slip and fall victims even an opportunity for justice. This is why you cannot fight this battle alone! You must find an attorney who understands what it takes to overcome these obstacles and WIN this battle! You cannot afford to trust your lawsuit to just any attorney. Choosing the wrong representative could be very costly!

To prevail in a premises liability (slip and fall) claim, you must prove:

1. the owner or operator of the premises knew or should have known of the condition/substance that caused the injury
2. the condition posed an unreasonable risk of harm
3. the owner did not exercise reasonable care to reduce or eliminate the risk; and
4. the owner’s failure to use such care caused or contributed to your injuries

Often, the most difficult element of your slip and fall claim to prove is that the owner of the premises knew or should have known of the dangerous condition or substance that caused the injury. This proof can be established in one of three ways:

1. the owner or an employee created the harmful condition (i.e., an employee left water on the floor)
2. the owner or an employee saw or was told about the harmful condition (i.e., a customer told an employee there was a spill); or
3. a showing that the substance or condition was present for so long that it should have been discovered through reasonable inspection

If you become injured in a slip and fall incident, taking the following steps may prove invaluable in winning your lawsuit:

1. Gather witness information from both employees and customers who may have knowledge pertaining to the incident
2. Determine whether there is a video camera that may have recorded the area where the incident occurred and request that recording
3. Observe the area, looking for the probable source/cause of the condition that caused the injury
4. Listen to what the employees and witnesses are saying. Did anyone mention that the condition was there before for example, I was about to clean that or I told you to fix that? Any employee statement that indicates someone knew the condition was there before you fell is EXTREMELY helpful.
5. Contact an attorney who is an expert in representing victims of slip and falls immediately.