P.O. Box 200842
Austin, Texas 78720
(512) 619-8639
Fax (512) 372-1645

Oprima aquí para información en Español "Seguro que hablamos Español” [email protected]

Practice Areas

Our office enjoys handling a wide variety of legal matters including:

  • Commercial / Business litigation (including breach of contract).
  • Mediation services.
  • Complex multi-party litigation.
  • Business and Real Estate Disputes.
  • Construction litigation.
  • Landlord / Tenant disputes.
  • Business torts including fraud and misrepresentation.
  • Personal Injury Litigation.
  • Appellate brief writing and appellate argument.
  • Alternative Dispute Resolution.
  • Medical Malpractice (prosecution and defense).
  • Texas Deceptive Trade Practices Act claims.
  • Negligence.
  • Breach of fiduciary duty.
  • Administrative Law (including representing health care professionals before boards and the State Office of Administrative Hearings “SOAH”).
  • Criminal law defense (federal court).
  • Ad valorem (property) tax disputes.
  • Insurance / Disability disputes and litigation.
  • Real estate title examination and related issues.
  • Real estate contracts and leases.
  • Foreclosures.
  • Will preparation.
  • Creditor's rights.

Pool Company owes no duty to warn homeowner of open and obvious danger

Stacey Gailey hired Mermaid Pools to build a swimming pool in her back yard.  During construction Mermaid employees would leave the lid or cover to the skimmer uncovered, as they generally did not install a cover or lid until construction of a pool was complete.  A few days before completion the Mermaid employees told Gailey she could look at the pool to view the progress.  Gailey went to look at the construction of the pool at about 10:00 p.m. and she was injured when she stepped into the uncovered skimmer.  She then filed suit (a premises defect case not a negligent activity case) and Mermaid responded that it did not have any duty to warn a homeowner of an open and obvious danger.  On June 23, 2010 the El Paso Court of Appeals in Gailey v. Mermaid Pools of El Paso, agreed and held that it knew of no legal authority to impose a duty on an independent contractor under these circumstances.

Background image courtesy of Akumar