In Texas, independent contractors and their employees can hold property owners liable for premise liability and/or negligence if the property owner maintained some control over the manner in which work is performed on the property and failed to warn about dangers on the property that the owner should have reasonably known. This type of claim requires that the property owner was negligent in hiring the contractor and the contractor was negligent during work on improvements to the property.
"Qualified" Under 18.001 Is Not Limited to Medical Practitioners
Recently, the 12th Court of Appeals in Tyler determined that a trial court abused its discretion in granting a motion to strike a counter-affidavit prepared by a medical billing and coding expert who relied on databases to challenge the reasonableness of the medical expenses reflected in the initial affidavit.
Congress Kicked the Can (Down the Road): The Looming Problem of Hours of Service Regulations and Livestock Haulers: An Update
Late last year we discussed a short-term fix of a long-term problem as Congress considered legislation to exempt Livestock haulers from the Electronic Logging Device (ELD) provisions of the US Department of Transportation's Hours of Service (HOS) regulations applicable to commercial motor vehicle operators. As expected, Congress passed, and the President signed, legislation that exempted livestock haulers through the end of fiscal year 2019. However, all that did was again delay the inevitable, that federal regulators are going to have to substantively address HOS regulations as they apply to livestock haulers. Instead of considering long term solutions, Congress passed the buck, leaving livestock haulers to once again question what will happen in September 2019 at the end of the fiscal year. Will the temporary exemptions be extended yet again? Will Congress finally address the problem? Will livestock haulers be forces to put the animals they haul, and the American people, in harm's way in order to continue to do their job?
Have a Fun and Safe Labor Day Weekend
Since Labor Day Weekend will be here before you know it, we would like to take the opportunity to remind everyone of a few tips for staying safe and out of trouble during this long holiday weekend.
The New 18.001 Affidavit Rules and What They Mean for Your Lawsuit
The Texas legislature recently passed (and governor Abbot signed) House Bill number 1693, which amended chapter 18.001 of the Civil Practice and Remedies Code ("CPRC")-the portion of the Civil Practice and Remedies Code that governs affidavits and counter-affidavits regarding the reasonableness and necessity of medical services.
Post Accident Drug Testing and Documentation
Under federal regulation 49 C.F.R. §382.303, drivers of commercial motor vehicles are required to undergo drug ("controlled substance") and alcohol testing following an accident if certain circumstances are involved. Importantly, §382.303 also imposes strict time limits within which drug/alcohol testing must occur, and even prevents testing if the allotted time has passed. Lastly, if alcohol/drug tests were required, but not completed, §382.303 requires documentation of the circumstances that prevented such testing.
