Deans Stepp LawFindLaw IM Template2026-06-19T09:09:38Zhttps://www.ds-law.com/feed/atom/WordPress/wp-content/uploads/sites/1103406/2022/10/cropped-favicon-32x32.pngOn Behalf of Deans Stepp Law<![CDATA[What to do after a customer is injured at your store]]>https://www.ds-law.com/?p=477762026-06-16T09:10:21Z2026-06-19T09:09:38Zmaintain safe conditions and protect visitors from hazards that management knew about, or should have discovered through regular floor inspections.
How your store responds in the first few hours after a slip, trip or fall can drastically alter your liability exposure. Most large-scale retailers follow a standard response to handle these situations safely.
Arranging medical assistance
The immediate priority is customer safety. For serious injuries, standard protocol involves contacting 911 right away. Focusing strictly on first aid keeps staff from making casual medical guesses or comments that could complicate a future claim.
Securing the scene and evidence
Blocking off the aisle immediately keeps other shoppers safe and prevents a second accident. Taking photos and saving security footage before any cleanup happens gives your team a clear record of the area. This shows the floors, lighting and warning signs that may have contributed to the incident.
Gathering information and witness statements
Collecting witness contact details and having employees write down what they saw helps ensure that you have accurate memories on file. Keeping these internal notes factual protects you from accidentally saying something that could show property negligence.
Notifying insurance carriers and legal counsel
Reporting the incident to your insurance provider right away keeps your coverage safe. It also helps make sure you do not miss strict policy deadlines. Having a lawyer guide you through the paperwork protects your store from the very start.
Managing your long-term risk
Texas premises liability claims frequently depend on what store management knew and when they knew it. Maintaining a clear paper trail of your incident response, combined with your documented inspection logs, may serve as your primary defense against negligence claims. Early review by an attorney can help protect your store while meeting its insurance obligations.]]>On Behalf of Deans Stepp Law<![CDATA[Are Texas property owners liable for third-party crimes?]]>https://www.ds-law.com/?p=477722026-06-03T14:14:24Z2026-06-08T14:14:02ZDefining foreseeability in third-party crimes
Texas courts use foreseeability to judge property owner liability. A plaintiff must prove the business knew a specific crime was likely. Courts look at past crimes on or near the site. If a property lacks a history of violent crime, judges rule a sudden assault is unforeseeable. Police records and local data show the normal crime rates for the area. Without a pattern of recent crimes, courts do not assign liability to businesses for random acts.
Proving the adequacy of existing security
Even if a crime is foreseeable, a business can defend itself. You need to show you provided good safety measures. Texas law does not expect owners to guarantee total safety. Instead, the standard requires the business to act reasonably. Courts review physical barriers and daily tasks to judge this.
Property owners implement various security measures to demonstrate reasonable care:
Hardware: Working security cameras and bright lighting
Access control: Locked doors and secure fences
Personnel: Visible guards or regular patrols
Protocols: Written safety training for staff
Showing these tools worked during the event weakens negligence claims. This shifts the blame to the criminal or the victim.
Evaluating the victim's status on the property
An owner’s legal duty changes based on why the victim was there. An invited customer or worker gets the highest legal protection. Trespassers get very little protection. You can lower an owner's legal risk with key facts. Show the victim ignored warning signs, bypassed locked doors or stayed late.
Where this leaves Texas business owners
A violent crime on commercial property demands a fast, factual response. Gathering reports, saving video footage, and logging safety steps limits early risks. Corporate leaders face pressure when building a Texas premises liability defense after an assault or robbery. Hiring a skilled lawyer can help a company protect its interests. The legal counsel can direct the investigation and build a strong defense against third-party claims.]]>On Behalf of Deans Stepp Law<![CDATA[Protecting your business from piercing the corporate veil claims]]>https://www.ds-law.com/?p=477682026-05-19T16:21:03Z2026-05-22T16:20:44ZFollowing corporate formalities
All companies, regardless of size, should follow structured governance and maintain operational formality. This includes the following:
Documenting major decisions
Keeping shareholder and director meeting record
Filing annual reports with the state
Updating operating agreements
Staying organized does more than ensure that you are not breaking the law, it helps maintain your company’s good standing as a separate entity.
Maintaining separate finances
Using company money for personal purchases can raise concerns and lead to fraud claims. Keeping your personal money and property separate from your business can protect you from these risks. Using a dedicated bank account and credit card for company costs also makes your spending easier to track.
Funding your business adequately
In addition to keeping separate accounts, making sure your business has enough capital to operate helps show it exists apart from you. Having enough funding also shows your company can pay its bills. Underfunding your organization can be a warning sign that it cannot stand on its own.
Keeping updated documents
Accurate documentation demonstrates that your company operates as a separate legal entity by creating a link from all operations to your business. Presenting clear and current business transactions, contracts and corporate decisions can support your claim of the legal distinction between yourself and your business.
Preserving your company’s integrity
Mitigating risks can help you protect yourself and your company from piercing the corporate veil allegations. Seeking legal guidance can help you further demonstrate that your company is being operated properly. Being proactive about this can allow you to focus on growing your business with peace of mind.]]>On Behalf of Deans Stepp Law<![CDATA[Digital discovery risks in tort litigation]]>https://www.ds-law.com/?p=477662026-05-18T09:56:56Z2026-05-21T09:56:12ZRecords the other side may request
Many companies do not realize how much data their systems create. In large tort cases, attorneys may request:
These records can show speed, braking, timing and driver conduct before an accident. In some cases, they may help show that your company followed safety rules.
Reviewing how your company stores data, handles safety alerts and applies internal policies may help reduce disputes later if litigation occurs.
Internal messages and missing records
Emails, text messages and workplace chats may appear in court during a tort case. Casual comments between employees may create problems, even if they do not reflect your company’s actual practices.
Deleted messages or missing records may also become part of the dispute early on. Companies may face questions about:
Where records are stored
How long records stay available
Which employees control important data
Whether record practices match company policies
How safety alerts are handled
The other side may argue that inconsistent records show larger problems inside the company. In Texas, companies may face close review of safety practices and internal systems after a serious accident.
Modern tort cases involve more than the accident
For trucking companies, manufacturers and similar businesses, tort cases now involve more than the accident itself. Internal messages, monitoring systems and electronic records may all become part of the dispute.
As companies rely more on telematics and workplace messaging tools, electronic records will likely remain a key part of large tort cases. Messages, stored data and company records may all receive close attention after a claim arises.]]>On Behalf of Deans Stepp Law<![CDATA[What should Texas companies do after a serious on-site injury?]]>https://www.ds-law.com/?p=477642026-05-05T14:13:59Z2026-05-08T14:13:32ZStart with care and notices
Get medical help, secure the area and determine whether Occupational Safety and Health Administration (OSHA) notice rules apply. A work-related death is usually due to OSHA within eight hours. An in-patient hospitalization, amputation or loss of an eye is usually due within 24 hours.
Texas duties depend on your workers’ compensation coverage. If your company has coverage, you should report injuries that cause more than one day of lost work, along with work-related illnesses and deaths, to your insurance carrier. Division of Workers’ Compensation (DWC) Form-001 is usually due no later than the eighth day after the employee’s first missed workday, after notice of an occupational disease or after a work-related death. The carrier then sends the form to the Texas DWC.
Preserve evidence early
Your response should also account for possible tort claims. Your company should save surveillance video, equipment, inspection records, maintenance logs, training records, incident reports and witness names. You should also photograph the scene, equipment and area before conditions change.
If a claim seems likely, your leadership team should speak with counsel before changing, discarding or commenting on key evidence. A litigation hold may help protect emails, texts, videos and other records that could matter later.
Review non-subscriber duties
Texas private employers may choose whether to carry workers’ compensation insurance in most cases. If your company is a non-subscriber, workers may sue for negligence after a workplace injury, and Texas law limits certain defenses in these lawsuits. These include contributory negligence, assumption of risk and negligence by a fellow employee.
Non-subscriber employers with five or more employees should review whether they need to file monthly DWC Form-007 reports for certain injuries, illnesses or deaths.
Use the incident to improve safety
After the first steps are complete, review what happened and consider whether training, inspections, staffing or work rules need to change.
A serious on-site injury requires more than a fast report. A steady plan for medical response, notices, insurance and evidence can help your company prepare for any later claim.]]>On Behalf of Deans Stepp Law<![CDATA[What manufacturers should know about product liability claims]]>https://www.ds-law.com/?p=477602026-04-27T14:36:39Z2026-04-30T14:35:43ZProduct liability categories
You have a responsibility to comply with state and federal safety standards when creating and testing your goods. If an individual is harmed by one of your products, they may seek recourse under these main arguments:
Defective manufacturing: When a product is made incorrectly and does not match its intended design
Flawed design: When the product design is unsafe (even when made correctly) and a safer, viable design is possible
Failure to warn: When labels for nonobvious risks are inadequate or unclear
Being familiar with these key product liability cases can help you better anticipate how to respond to a lawsuit. Moreover, you become more aware of addressing these defects when performing quality checks on your products.
How claims are filed and judged
According to Texas law, claimants generally have 15 years from the date of the product’s sale to file a case. If the lawsuit moves forward, you will need to share information and evidence for your defense. Presenting proof that your business follows strict risk assessments to find and fix defective goods can support your argument in court.
You may also leverage the state’s modified comparative negligence rule to prove that an injury resulted from product misuse or ignoring clear warnings. However, your defense strategy may shift depending on whether the claim is based on negligence, strict liability or breach of warranty. Building a defense that safeguards your business interests often involves working with a legal professional.
Reducing your legal risks
Your obligation as a manufacturer is to prioritize consumer safety through strong quality control measures. Disputing a tort case against your business helps protect your brand and maintains your ongoing operations.]]>On Behalf of Deans Stepp Law<![CDATA[What can trigger a breach of a commercial lease in Texas?]]>https://www.ds-law.com/?p=477582026-04-07T13:55:38Z2026-04-10T13:55:01ZTenant actions that commonly trigger a breach
Most commercial lease disputes in Texas start with an allegation that the tenant violated one or more provisions of the agreement. While every lease is different, the following types of violations tend to appear in these breach claims:
Using the premises for purposes not permitted under the lease
Making unauthorized alterations or improvements to the space
A single violation may be enough to support a case if the lease treats it as a material term. Some agreements specifically identify which obligations are material, while others leave that determination to the courts.
Notice and cure provisions that can impact the case
A lease violation does not always lead straight to litigation or termination. Many commercial leases in Texas include a "notice and cure" clause, which requires the non-breaching party to deliver written notice and allow a set period for the other side to correct the problem.
These provisions often play a central role in the outcome of a dispute. If a landlord moves to terminate the lease or files suit without first providing the required notice, a court may find that the landlord failed to follow proper procedure, which can result in the dismissal of an eviction suit or the invalidation of a lease termination.
Cure periods typically range from 10 to 30 days, though the exact timeline depends on what the lease specifies. State courts tend to enforce these clauses as written, which makes the precise language of the agreement critical.
Consequences that follow a commercial lease breach
The financial exposure in a commercial lease dispute can be substantial. A tenant found in breach may face liability for the present value of the remaining rent minus the fair market value of the space for the rest of the term, plus incidental damages.
For landlords, a breach by the tenant does not automatically end the lease or excuse the landlord from its own obligations. Texas courts have recognized a non-waivable statutory duty to mitigate, meaning the landlord must make reasonable efforts to find a replacement tenant if the premises are abandoned.
]]>On Behalf of Deans Stepp Law<![CDATA[How to limit legal and financial fallout before a product recall]]>https://www.ds-law.com/?p=477522026-03-24T13:04:22Z2026-03-27T13:03:35ZNot all Texas companies will immediately discover a defect in their products. Some businesses find out after a customer files a formal complaint or after receiving safety reports or internal testing. When you delay your response to the problem, legal risks and financial losses can grow quickly.
Why a recall is bad for business
When you have to do a product recall, you are telling the world that you did something wrong. If you do not do anything about it, plaintiffs can argue that you ignored safety hazards and they will want to hold you accountable. Legal counsel can help you analyze your compliance duties and any potential liability. Your part is to try your best not to delay in any way to prevent more problems later.
Internal investigations to help control damage
Texas follows the modified comparative fault standard. This means if a plaintiff is more than 50% at fault for their own injury, they cannot pursue compensation. If someone misused your product or ignored a clear warning label, you may have a strong defense. However, know that this protection only works if you can show you did your part. This includes providing adequate warnings, following safety standards and responding as soon as the problems come to light. Without prompt action, courts may decide the fault lies with you, not the customer.
Do not wait until it is too late
Delays turn small problems into company-threatening crises. Regulators impose heavier fines when they believe you knew about a defect and sat on it. Insurers may deny coverage if your response looks negligent. Customers lose trust, and your brand takes a hit that lasts years. The longer you wait to address a known defect, the harder it becomes to prove you acted in good faith.]]>On Behalf of Deans Stepp Law<![CDATA[6 ways boards can limit liability in corporate litigation]]>https://www.ds-law.com/?p=477432026-03-16T12:40:23Z2026-03-19T12:39:35ZBoards face high stakes when corporate litigation happens. You can face personal risk even while protecting the company. This generally occurs in specific situations.
Fortunately, Texas law gives directors certain protections. Courts will review your decisions under the business judgment rule and standards of trust and care. Understanding ways to limit liability can help you act with confidence and vision.
Management rules that protect directors
In Texas, directors who act in good faith and with careare usually protected by law. However, they can face legal challenges even when acting properly. This is more common when facing bankruptcy and cases involving company payments or taxes.You can lower your risk by maintaining strong board practices:
Regularly review corporate rules and guidelines
Maintain detailed meeting notes and records
Include liability-limiting clauses in governing documents
Adopt and follow clear conflict-of-interest policies
Ensure proper delegation to management while keeping track of results
Consider director and officer insurance coverage
Following these strategies helps you show diligence and good faith. It also creates a clear record of supervision with good knowledge.
Focusing on proactive risk management
Boards often strengthen protection by spotting possible legal risks early. Texas courts take note when directors act reasonably and rely on legal guidance in complex matters. Reliance is strongest when the board asks questions. It also improves when the board reviews important documents or reports and follows up on warning signs.Staying aware of company compliance and changing policies can help make better decisions. In many cases, spotting risks early proves more effective than addressing them after a claim arises.
Building confidence in your oversight
The pressure from possible business lawsuits is best countered with a clear, documented record of good faith and informed intent. While no system eliminates every risk, these protective strategies empower you to lead without unnecessary personal risk.As you align your oversight with state protections, you can focus on guiding the company toward success. You can also feel confident that your actions stand up to scrutiny.]]>On Behalf of Deans Stepp Law<![CDATA[How do injunctions benefit companies in business litigation?]]>https://www.ds-law.com/?p=477402026-03-11T13:07:08Z2026-03-16T13:06:27ZThe role of injunctions in business disputes
When the situation calls for immediate action, courts may use injunctions as legal remedies to limit specific actions by a party and mitigate damages as the lawsuit progresses. In practice, injunctions can benefit your company by:
Stopping damage before it becomes irreparable: Courts can order the use of injunctions to prevent actions from a party that could cause you losses, such as customer diversion or misuse of trade secrets.
Maintaining stability during litigation: Injunctions can stop wrongful conduct to prevent further harmful actions that may disrupt operations or give one side an unfair advantage.
Protecting confidential information: If your confidential business data is at risk, injunctions can prohibit the use or disclosure of information, lessening the chance of exposure.
Promoting early solutions: By limiting harmful actions, injunctions often minimize disputes and foster positive settlement discussions.
These practical ways of how injunctions may safeguard your company help explain why they often play a vital role in business disputes, even as courts may also consider other alternatives, such as mediation under the Texas Rules of Civil Procedure.
Injunctions as part of your litigation strategy
Courts can help mitigate potential damage to your business by issuing injunctions. If your company faces litigation, learning how injunctions work can help you ask the right questions about business litigation and protect what you have worked so hard to build.]]>