Skillful and Aggressive Legal Representation

When you or a loved one has endured personal injury or wrongful death, you have the right to seek justice and compensation. O'Hanlon, McCollom & Demerath is committed to providing each and every one of our clients with compassionate advocacy and skillful, tireless, aggressive representation. Our number one priority is providing each client with the most desirable legal outcome to every issue they are facing.

We Value and Respect Every Client

We believe that every client deserves and should receive one-on-one access and attention. Legal issues can be daunting without the protection of knowledgeable and experienced lawyers. O'Hanlon, McCollom & Demerath is dedicated to resolving your unique situation with compassion and diligence.

Superior Client Services

At O'Hanlon, McCollom & Demerath we ensure seamlessly integrated work product and representation through our utilization of state of the art technology and resources. We are committed to providing our clients superior legal representation at every turn.

Commitment to Getting you the Compensation you Deserve

In our efforts to obtain compensation for our clients who have suffered injuries and the related indignities arising from the negligent actions of individuals and corporations, we pledge to provide you with a personalized, "no stone unturned" pursuit in achieving the most favorable outcome on your behalf in what are, undoubtedly, the most important and often life-changing situations you may ever experience.

Our clients never owe any fees unless we obtain financial settlement on their behalf. We will go the distance for you.

Contact Our Personal Injury Attorneys Today

O'Hanlon, McCollom & Demerath offers you a free one-on-one evaluation of your personal injury case. Our clients never pay for our legal services unless we obtain a successful recovery of compensation for you. Contact us today for a free and confidential consultation with our experienced personal injury lawyers.

How do I choose the right attorney for my case?

When you or a loved one has suffered an injury, hiring an attorney is one of the most important steps you will take toward seeking compensation from those who are responsible for your injuries. This can be a daunting and complicated process if you have never before hired an attorney and do not know how it all works.

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What are my rights as a client?

If you ever have any questions about these rights, or about the way your case is being handled by your attorney, do not hesitate to express your concerns to your attorney. He or she should be readily available to represent your best interests and keep you informed about your case.

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What should I do immediately after an accident?

Just after an accident or other event which seriously injures your or a loved one you may not know what to do or where to turn for help, especially when you have been injured by the negligence or wrongdoing of another person, or in many instances, the manufacturer of defective equipment or other products.

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What is the Personal Injury Lawsuit Process?

After an accident in which you or a loved one are injured, and you have sought medical attention and have hired an attorney to handle your insurance claim, you may be on your way to becoming a plaintiff in a personal injury lawsuit if the insurance company has refused to make a reasonable offer of settlement on your injury claim.

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Could ERISA reduce my claim recovery?

The Employee Retirement Income Security Act of 1974, known as "ERISA", is a federal law that may allow your insurance company, or your employer's health plan, to recover its costs on your claim, from a settlement or trial verdict award you may receive as a result of a personal injury lawsuit. This is known as "subrogation", and is considered to be a complex area of law. Potential subrogation interests should be discussed with your personal injury attorney after his/her review of any subrogation clauses in your insurance policy or your employer's health plan provisions.

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What information will my attorney need from me?

When you or a loved one have been injured in any type of accident it is important to keep extensive documentation of the incident and your injuries. Your personal injury attorney will interact with insurance companies and defense attorneys on your behalf, and in order to make a proper claim for all the benefits you are entitled to, this documentation is necessary.

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Some of our Victories

Product Liability Victory

Our firm represented a golf course grounds keeper who, due to a mechanical design defect in the industrial mower he was operating, was crushed under the machine when it fell into 15 foot ravine. The client suffered partial blindness, memory loss, and permanent brain damage.

Widow Prevails in Wrongful Death Action

Justin Demerath, in joint representation with his father, Attorney Larry Demerath, represented the widow of a truck driver who was killed when his vehicle struck a large tire that had detached from another truck. Larry and Justin are pictured above with the client.

Successful Settlement

Our firm represented a family in a wrongful death action against a large trucking company when their father was struck and killed by an 18-Wheeler due to a defective brake pedal. The case settled prior to trial. The brothers are pictured above.

Landlord’s Responsibility for Slip and Fall in Texas Apartment Home

By: Justin Demerath
I tripped and fell down the stairs inside my two-story apartment that I lease. The handrail was removed by the previous tenant. Is my landlord responsible for my injuries?

Thank you for your question. I am sorry to hear about your accident. Under Texas law, landlords are generally not responsible for your injuries.  However, there are some exceptions to this rule that you should be aware of.  A landlord is generally not responsible for dangerous conditions in apartments that are not under his or her control. Since you indicted that you are the present tenant, the interior of your apartment is not under your landlord’s control, but is under your (the tenant’s) control.

Texas law does recognize certain exceptions to the above rule. The landlord may be liable for dangerous conditions in a tenant’s premises if 1) the dangerous condition resulted from the landlord’s negligent repair, 2) the landlord knew or should have known of and concealed the dangerous condition before the current tenant occupied the premises, or 3) the dangerous condition consists of at least a portion of the premises controlled by the landlord.

In your situation, we would need some more facts to understand whether the landlord's insurance company would honor a claim for injury.   One angle that may prove promising is if the lack of the handrail was a violation of building code.  If your local city ordinance has adopted building codes that requre a handrail in the situation you present, you can use the existance of that law to show that the landlord knew or should have known of a dangerous condition.

I hope this is helpful, as these situations can be very fact intensive, its always best to consult  al Texas slip and fall attorney regarding any legal issues you may have.

Tags: Premises Liability slip and fall Texas landlord liability Texas Landlord Liability for Missing Handrail Texas Slip and Fall Landlord Responsibility

Categories: Premises Liability

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