Legal Question in Personal Injury in Texas

Re: Injured while volunteering at an NBA game.

Most personal injury claims in Texas are based upon "negligence." This means that you have the burden of proving that your injuries were caused by someone who had a legal duty to you to refrain from being negligent and that person or entity breached that duty. In this case, you must identify who caused your injuries and prove your damages against that person. If that person was an independent contractor, your claim would be against that person and not against the NBA or the arena. (There are many exceptions to this general rule that are too lengthy and complex to discuss here. You should contact a personal injury lawyer for a full discussion of your rights and remedies.)

Re: Injured while volunteering at an NBA game.

Ordinarily the independent contractor is the only party who will be legally responsible in situations such as this, and then only if you can show negligence. The owner/operator in some limited circumstances might be liable, it it proved that the owner/operator knowledge that that a dangerous concessionaire at work at the premises, and it took no action to remedy the hazard. Many times concessionaires are required to provide proof of liability insurance. Therefore, there is a possibility that you may have a source for recovery of damages which which is better than having a claim only against a broke T-Shirt concessionaire. Also, there is a possibility that the owner/operator may have coverage for some medical expenses for injuries sustained on the premises without regard to the question of fault.