Legal Question in Personal Injury in Texas
Very serious injury while volunteering help at a Faire.
My husband was severely injured volunteering to help as an actor at a Halloween faire. The injury relates to an unlit, unmarked step on the permanent faire-grounds, which many people had tripped over in the dark, but my husband was the only serious injury.
His ankle (talus) was broken and took 3 permanent pins. He was unable to walk, and therefore work (equipment tech.), for 3 months, lost wages, and will have pain for the rest of his life.
The owner of the site insists that my husband is considered part owner of the fright he acted at simply by the receipt of cash tips each night from the actual owner of the fright.
But his injury wasn't caused by a part of the fright, and my husband never signed any papers as an employee, nor was ever told he was an owner of the fright.
We're not going after lost wages or pain and suffering, just what few bills my husband's primary job insurance have not covered.
Do we have a case?
3 Answers from Attorneys
Re: Very serious injury while volunteering help at a Faire.
In order to have a case for "premises liability," you must prove the following:
1)that the owner of the property created some danger, or
2)if the owner of the property did not create the danger, they nevertheless knew about it before your accident, and,
3) that the owner failed to WARN you of the danger; and
4) that you were not negligent yourself by failing to watch where you were walking.
These cases are very complicated and very difficult. You need an experienced personal injury attorney to help you with this matter. Please call me.
Re: Very serious injury while volunteering help at a Faire.
We've litigated many of these type cases throughout Texas. Please give me a call tomorrow to discuss your options, potential damages, and theories of recovery. I may be reached tomorrow any time after 2:00 p.m.
Re: Very serious injury while volunteering help at a Faire.
I would have to investigate the facts of the case before I can render an opinion. Sometimes, there is an insurance policy that will cover minimal damages for a premises liability regardless of fault. This will at least cover a portion of your claim. The remainder would have to do with the negligence of the property owner. There is no charge to speak with an attorney at my law office, if you wish to call.
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