Tens of thousands of personal injury lawsuits are filed each year in Texas. Each has the potential to inflict damage on a company's time, money and reputation. Our goal at the Law Office of Phil Griffis is to quickly investigate the lawsuit allegations and give you advice on the best way to handle the matter, whether it be by early settlement or trial. Here are some disputes Attorney Phil Griffis has successfully defended:
PREMISES LIABILITY
Accidents and criminal incidents at stores, theaters, restaurants, work sites and other businesses can result in jury verdicts financially devastating to a company. Mr. Griffis has successfully defended small businesses and Fortune 100 companies in premises liability suits brought against them, in courts throughout Texas. These have included:
- Trip/slip and fall lawsuits, which are the most common premises liability claims.
- Inadequate security lawsuits, which usually follow some type of criminal attack, such as an assault or robbery, taking place at the business. The victim rarely sues the attacker (who usually has no money) but instead sues the business where the incident occurred, claiming that the security at the business was inadequate.
- Inadequate safety lawsuits. These cases typically arrive from accidents at amusement parks, workout facilities, go-cart raceways, "open gyms' and other businesses at which high-risk activities take place. Injury victims typically claim that equipment was unsafe or poorly maintained, or that the business failed to put appropriate safety rules into effect. Examples include: Multiple no liability jury verdicts in favor of client, a major national chain of retailers, in premises liability suits brought against it in Harris, Matagorda, Fort Bend and Brazoria counties in Texas; Favorable jury verdict in slip and fall lawsuit brought against client, a major national chain of theaters.
PRODUCT LIABILITY
Mr. Griffis has defended a number of businesses, including retail stores, pharmacies and automobile dealerships in lawsuits in which it is claimed that a defective product led to a customer's injuries. These types of claims of defective products include, but are not limited to:
- Prescription medications
- Automobiles
- Consumer goods
- Home appliances
Examples include: No liability jury finding in suit brought against automobile dealership client by customer who alleged she was sold a vehicle with defective brakes, leading to a major auto accident.
MEDICAL MALPRACTICE DEFENSE
Texas tort reform legislation drastically reduced medical malpractice lawsuits. But healthcare providers such as hospitals, clinics, doctors, nurses and pharmacists are still at risk of suits claiming medical negligence. The Law Office of Phil Griffis has defended each of these providers in medical negligence suits. Examples include:
- No liability finding, after jury trial, in suit brought against surgeon client for the alleged failure to monitor after a surgical procedure.
- No liability finding, after a jury trial, in suit brought against a major national pharmacy chain for alleged dispensing of an incorrect medication.
EMPLOYEE INJURY SUITS
In Texas, employers have the right to opt out of workers' compensation system. Texas businesses that don't carry workers' comp insurance are called "non-subscribers". If an employee of such a non-subscribing employer is injured on the job, he can sue the employer for negligence and seek his medical expenses, lost wages, mental anguish, pain, suffering and even punitive damages. The employer, by opting out of the workers' compensation system, loses many of the defenses it would normally have. And that fact makes these cases difficult to defend.
The Law Office of Phil Griffis has successfully defended non-subscribing employer companies against allegations of negligence, both at trial and arbitration. Examples include:
- A no liability arbitration ruling in a claim made by an employee that his non-subscribing employer failed to maintain a safe workplace.
- A no liability jury verdict in a suit brought by an employee, against a non-subscribing employer, for an alleged workplace fall.
- A no liability arbitration ruling in a claim made by an employee who alleged that he was crushed by a rolling pipe on the job.
Our firm also advises business on ways to minimize employee injury suits.
AUTOMOBILE ACCIDENTS
Companies whose employees drive an automobile or truck as part of their job are at risk of a lawsuit if the employee is in an automobile accident. One of the first questions a potential plaintiff will be asked by his lawyer is whether the other driver was driving a company vehicle or wearing a company uniform at the time of the accident. These questions are designed to find out whether there is a potential "deep pocket" to sue.
But companies are not automatically responsible if an employee is involved in an accident. Texas courts have developed rules to determine whether a business can be held liable for an employee's negligence. Questions which the company's lawyer must ask include:
- Was the employee really in the scope of his employment at the time of the accident? For instance, if a delivery driver has an accident while running a personal errand the company may not be liable.
- Did the employee have a history of other accidents or traffic citations, and if so did the company know about them?
- Was the accident really the employee's fault, or was the other driver's negligence the true cause?
- Was the other driver drinking or under the influence at the time of the accident?
- Was he texting or talking on the phone?
- Was he driving safely and wearing a seat belt?
- Has he had a history of other similar or suspicious claims?
The Law Office of Phil Griffis has decades of experience defending companies against lawsuits brought for alleged employee negligence in driving company vehicles. These include:
- A no liability jury verdict in a lawsuit brought against a Houston television station after one of its employees was involved in a collision.
- A no liability jury verdict in a lawsuit brought against an Austin automobile dealership, for allegations that it negligently permitted a customer to perform a test drive.
