This Blog is posted by The Bryan Woods Law Firm – Your San Antonio Construction Litigation Attorney

Bryan Woods Law Firm

1250 N.E. Loop 410, Suite 725
San Antonio, TX 78209
Phone: 210-824-3278
Fax: 210-824-3937

San Antonio Construction Defects – Soil

Builders and developers perform soil analysis when researching areas they intend to develop. The analysis results allow the builder and/or developer to plan what construction strategies they will use along with what soil preparation if any, they will have to undertake. Once they have determined their development plans, they also need to hire contractors to do the job. A construction defect can be the result of poor planning, insufficient soil analysis, or unqualified contractors. Improperly compacted soils and contaminants remaining in soils (usually organic types of build-up, i.e. lumber) are two examples of construction defects that can occur as a result of these errors.

Improperly Compacted Soils

As a homeowner, you rely on the contractors that are working on your home to be qualified for the job. At the same time, you have a right to understand what poor workmanship can be. If you are seeing cracks in the drywall, cracks in bricks, windows, or doors that do not open and close properly or cracks in the foundation you may have improperly compacted soils. These symptoms could also be the result of expansive soils. Whether improperly compacted soils or other soil issues, this can be a very damaging defect that will require time and money to fix.

Contaminants Remaining in Soils

If you suspect you have an issue with contaminants remaining in soils you need to investigate it immediately. Contaminants remaining in soils can cause issues with your drinking water and other types of water issues. The severity of the issue will depend on the contaminants and also on how extensive the repair will be. In a situation like this, you do not want to go long with contaminants remaining in soils. This construction defect can be caused by human error or poor building materials.

At this point, your priority is to get your house back to a livable condition. If you move forward with getting repairs for either of these construction defects, be sure to keep good records. Document everything and make sure to take pictures. Keep any correspondences to or from the builder and document phone calls. It may be a bit tedious now, you’ll be thankful you have these records later.

Improperly compacted soils and contaminants remaining in soils are complicated construction defect issues to handle. There is a lot that goes into knowing what needs to be done. If you think you may have a construction defect issue, contact an attorney in our office today.

Personal Injury Attorneys – Negligence Claims

Texas negligence claims are a means for a person to seek legal compensation for injuries, or damage to property when another party is found to be at fault. Generally, for a person to be found to be acting in a reckless or negligent manner, they have to be acting in a way that is outside of normal safe behavior. This can also include failing to ensure a safe environment or acting in a manner that is inconsistent with standard safety protocol. If you have any questions at all, call us regarding Texas negligence claims

Texas negligence claims can protect your financial future after an event. We strongly advise anyone who has been the victim of this type of event or has a loved one who has been the victim, to seek legal representation to ensure those responsible are brought to justice. At Texas Personal Injury Accident Attorneys, we have a proven track record of getting results for our clients. These, along with personal injury lawsuits account for many of the cases out firm handles. We offer a free initial consultation to all prospective clients. Please call us about Texas negligence claims. injury attorneys

Texas Negligence Claims Protect your Rights

Texas negligence claims can be a complex area of the law. This is why choosing the right legal professionals to represent your case is so important. The most common types of these cases involve auto accidents. One party in usually found to be at fault by the police officers who do the accident investigation. This person is generally found to be acting in a dangerous, reckless, or negligent manner. This is generally sufficient grounds for filing Texas negligence claims.

Years of Experience with Texas Negligence Claims

Texas negligent claims are designed to protect your legal rights after you have been injured. A form of professional negligence that we often hear about is known as medical malpractice. Sadly, the medical professionals we trust with our health will occasionally act in a manner that is not consistent with standard medical practices. One of the most common ways this happens is by prescribing incorrect medication, or medications that have adverse side effects when used together. Call us regarding Texas negligence claims. accident injury law – negligence

Texas Negligence Claims can Protect your Financial Future

Texas negligence claims can help you and your family recover damages inflicted by another party. A common form case that we handle involves product liability. Drugmakers often release faulty products, or their products are improperly labeled. If you or a loved one has suffered health consequences as a result of such an event, we urge you to seek legal representation. Manufacturers of all goods have a duty to the public to ensure that the products they release are safe and labeled properly. If another party is found to be responsible for your injuries, you will likely be entitled to monetary compensation. Call us today to schedule a free initial consultation regarding Texas negligence claims.

What is an ‘Assumption of Risk’ and Why Does it Matter?

In some personal injury cases, the ‘assumption of risk’ defense becomes an issue. While assumptions of risk are not something that everyone who suffers a personal injury has to worry about, the issue can significantly impact your ability to recover money for the injuries you suffered. Today, we are going to take a close look at the assumption of risk, what it means, and why, if you have suffered a personal injury, you need to understand it.

Torts

When you talk about assumptions of risk and personal injury cases, you’re talking about torts. Torts are a type of lawsuit that can arise after someone suffers harm or injuries because of someone else’s negligent or intentional behavior. When someone suffers an injury in this situation, the law allows that person to sue the wrongdoer to recover damages (money) for his or her injuries. A tort lawsuit involves the injured person (the plaintiff), suing the wrongdoer, (the defendant).

Legal Defenses

A legal defense in a tort case is essentially a valid excuse. When a defendant uses a legal defense in a tort case, the defendant is effectively admitting that he or she did do something that caused the plaintiff to suffer an injury, nevertheless, the plaintiff is prevented from recovering damages. When a defendant uses a legal defense, it’s up to the defendant to prove that the conditions of the defense have been met.

In other words, though a plaintiff has to show that the defendant caused the harm that is the subject of the lawsuit, a defendant who wants to use a legal defense has to prove that the defense applies to the case.

For example, let’s say that a friend takes you hiking. During the hike, you injure your ankle. You decide to sue your friend for the medical expenses and lost income that resulted from your injured ankle.

In this case, your friend could probably use an assumption of risk defense to show that because you knew that what you were doing was potentially dangerous, you shouldn’t be able to recover damages from him.

Assumption of Risk and Tort Cases

The assumption of risk defense is one in which a defendant claims that the plaintiff would not have suffered the injury if the plaintiff hadn’t acted improperly. Essentially, a defendant who uses an assumption of risk defense is saying that the plaintiff did something that, at least in part, caused him or her to suffer the injuries in the case. Furthermore, because the plaintiff knew, or should have known, that what he or she did was dangerous or wrong, the plaintiff shouldn’t be allowed to recover money for those injuries.

Assumption of Risk and Your Personal Injury Case

Any time you are discussing legal issues, terminology, or defenses, it’s vital that you talk to an experienced personal injury lawyer in your area. The average person does not have nearly enough experience or training in the law to determine how various potential legal issues might affect their case. The only way to know for certain if an assumption of risk defense, or any other issue, will play a role in your case is to talk to a lawyer as soon as possible.