Holden P.C. Holden P.C. 2026-10-29T10:07:09Z https://www.holdenlitigation.com/feed/atom/ WordPress /wp-content/uploads/sites/1603842/2022/08/cropped-ID-image-32x32.jpg On Behalf of Holden P.C. <![CDATA[Can Texas retailers be liable for products they did not make?]]> https://www.holdenlitigation.com/?p=51289 2026-10-29T10:07:09Z 2026-10-29T10:07:09Z A customer buys a space heater from your store, it catches fire and the lawsuit names your business next to the manufacturer. You never designed or built the heater, so this can feel unfair. Texas law often agrees, but its protection has limits.

Texas law generally protects retailers from product liability

Texas generally shields businesses from injury claims involving goods produced by someone else.This protection, found in the Texas product liability statute, covers retailers, wholesalers and distributors. It applies to negligence, warranty and strict liability claims, with strict liability meaning responsibility for a defect without proof of carelessness. The injured person must prove that an exception applies, and separate rules can govern some vehicle dealers.

Product changes can make retailers responsible for injuries

The first exceptions involve what you do to a product, such as helping design it. You can also lose protection if you modified it or installed it onto another product and that work caused the injury. A dealer that mounts a lift kit on a truck or shortens a ladder for a buyer may fall within this exception.

False product claims and poor warnings can create liability

What you say can matter as much as what you do. If you tell a buyer a ladder holds 400 pounds and it does not, you may be liable if the buyer relies on it and gets hurt because it was wrong. Liability can also arise if you controlled warnings or instructions that proved inadequate. These connections are often key when defending product defect claims.

Selling a product with a known defect can lead to liability

Protection also ends if you actually knew about a defect when you sold the product and that defect caused the injury. The test is real knowledge rather than what you should have known, but an ignored recall notice or repeated complaints can become evidence that you knew.

An unavailable manufacturer can affect retailer liability

Sometimes your exposure depends on the manufacturer, not you. If the manufacturer is insolvent or beyond the reach of Texas courts, as with some overseas brands, the injured person may pursue you instead. When a nonresident manufacturer ignores papers served through the Texas secretary of state, a court may presume it is out of reach unless you prove otherwise.

Good records can help retailers defend product claims

Texas generally protects you from liability for products you did not make. But that protection depends on how you handle products, what you tell buyers, what you know and who supplied the item. Clear records of suppliers, product changes, sales statements and safety notices can show where you stand. Reviewing those practices with a litigation attorney can help you respond quickly if a lawsuit names your company.]]> On Behalf of Holden P.C. <![CDATA[Defending against construction defect claims]]> https://www.holdenlitigation.com/?p=51287 2026-10-27T02:48:08Z 2026-10-27T02:48:08Z Even the most experienced contractors and developers can face construction defect claims. These disputes can be costly, damage a company's reputation and delay other projects. Depending on the allegations, they can also lead to expensive repairs or litigation. However, a construction defect claim does not automatically mean a contractor or developer is liable. Taking the right steps early can help businesses protect their interests and potentially resolve disputes before they escalate.

Understand the nature of the claim

The first step is to determine exactly what the property owner is alleging. Construction defects can involve a wide range of problems, including structural issues, water intrusion, faulty electrical systems, plumbing problems, improper materials or building code violations. Not every problem is necessarily the result of defective construction. Some issues may stem from poor maintenance, normal wear and tear, improper use or work performed by another contractor. Identifying the cause is essential to determining who may be responsible.

Review the construction contract

The construction contract can play a significant role in defending against a defect claim. It outlines the parties' responsibilities, the scope of work and any warranties or limitations on liability. Contractors and developers should review the agreement carefully to determine whether the alleged defect falls within their contractual obligations. They should also look for provisions addressing notice requirements, opportunities to make repairs and procedures for resolving disputes.

Gather and preserve documentation

Strong documentation can make a significant difference when defending against a construction defect claim. Contractors should preserve records from every stage of the project, particularly those that may establish the quality of the work and compliance with applicable requirements. Useful evidence may include:
  • Inspection reports and permits
  • Building code compliance records
  • Photographs and videos of completed work
  • Subcontractor agreements
  • Invoices and material receipts
  • Manufacturer warranties
  • Communications with the property owner
These records can help establish what work was performed, whether it met the required standards and who may be responsible for an alleged defect.

Address the claim before it escalates

Ignoring a construction defect claim can make matters worse. Contractors and developers should respond promptly, preserve relevant evidence and review any applicable insurance coverage. They should also avoid making admissions of liability or agreeing to repairs before understanding their obligations. Some disputes can be resolved through inspections, negotiations or agreed-upon repairs without going to court. Others may require a more formal defense. Experienced legal guidance can help contractors and developers evaluate the allegations, protect their rights and pursue an appropriate resolution.]]> On Behalf of Holden P.C. <![CDATA[Using accident reconstruction to counter plaintiff testimony]]> https://www.holdenlitigation.com/?p=51282 2026-10-12T20:33:05Z 2026-10-12T20:33:05Z Accident reconstruction can be essential when an insurer or organization contests an accident and injury case. A data‑driven analysis may reveal details that differ from what a plaintiff describes.  Used correctly, accident reconstruction creates a narrative about speed, visibility and vehicle movement that is difficult for plaintiffs to dispute.

Establishing speed and movement

Reconstructionists rely on measurable data like skid marks, crush profiles, 3D scanning and event data recorder downloads. These findings allow the personal injury defense team to calculate speed, braking and steering inputs with greater precision.  When a plaintiff claims that a vehicle was traveling slowly or stopped before impact, reconstruction helps show a different sequence of events. 

Clarifying visibility and reaction time

Visibility and reaction time are common areas of dispute. Reconstruction experts evaluate sightlines, lighting conditions and obstruction points to determine what a driver could reasonably perceive. They also analyze human‑factor principles to assess how long a driver would need to respond to a hazard.  If a plaintiff argues that a driver should have reacted sooner or avoided the collision, reconstruction can demonstrate that the available time or distance made avoidance unlikely. This helps anchor the defense position in objective measurements rather than subjective recollections.

Establishing point of impact

The evidence at an accident scene can reveal where the vehicles actually collided. Experts examine debris fields, gouge marks and final rest positions to determine the true point of impact. This information can contradict claims about lane position, evasive maneuvers or last‑second corrections. This means the defense can better challenge credibility and causation when the evidence conflicts with a plaintiff’s description. Accident reconstruction does not replace witness accounts, but it provides a structured way to test them. An analysis based on measurable facts allows the defense to highlight inconsistencies and strengthen its position in complex injury disputes.]]> On Behalf of Holden P.C. <![CDATA[Avoiding retaliation claims after sexual harassment is reported]]> https://www.holdenlitigation.com/?p=51280 2026-09-29T01:08:50Z 2026-09-29T01:08:50Z When an employee reports sexual harassment, investigating the allegations and determining whether workplace policies were violated has to be a focus. However, employers also need to pay close attention to what happens after the complaint. A poorly handled response can create a valid retaliation claim even if the original harassment allegations cannot be substantiated. Employees are generally protected from retaliation for reporting suspected harassment or participating in an investigation. That does not mean an employee who makes a complaint is protected from legitimate discipline and performance management. Employers should, however, make sure those decisions are based on legitimate business reasons and are handled consistently.

Retaliation can take many forms

Retaliation does not necessarily mean firing or demoting an employee. Depending on the circumstances, concerns may arise from changes involving:
  • Work schedules or assignments
  • Performance evaluations
  • Promotions or advancement opportunities
  • Discipline or increased scrutiny
  • Transfers to less desirable positions
  • Treatment by supervisors or coworkers
Timing can be particularly important. A disciplinary action or unfavorable change that occurs shortly after an employee reports harassment may raise questions about the employer's motivation, especially if the employee was treated differently before making the complaint. Employers should also remember that retaliation protections may extend to employees who participate in an investigation or provide information supporting another employee's complaint.

Continue addressing legitimate workplace issues

A harassment complaint does not prevent an employer from addressing genuine performance or conduct problems. If an employee has attendance, productivity or behavioral issues, the employer can generally continue addressing them. Documentation and consistency become especially important. Employers should be able to explain the legitimate reason for an employment decision and demonstrate that similar situations have been handled in much the same way. Managers should also understand that retaliation can occur informally. Hostile comments about the complaint, deliberately making an employee's job more difficult or encouraging coworkers to exclude the employee may create additional problems.

Take steps to prevent retaliation

Employers can reduce risk by maintaining a clear anti-retaliation policy, training supervisors and monitoring the workplace after a complaint. Follow-up may be especially important when the employee continues working with the accused individual or under the same management. Professional legal guidance can help address a sexual harassment claim and protect a business’s reputation while still allowing employers to make necessary workplace decisions.]]> On Behalf of Holden P.C. <![CDATA[How can employers defend against wrongful termination claims?]]> https://www.holdenlitigation.com/?p=51216 2026-09-16T03:37:08Z 2026-09-16T03:37:08Z Terminating an employee is sometimes necessary, but even a justified decision can lead to a wrongful termination claim. A former employee may allege that the company violated an employment contract or fired them for an unlawful reason, such as discrimination or retaliation. Employers can defend against these claims. However, the strength of the defense often depends on whether the company can clearly explain why the employee was terminated and provide evidence supporting that explanation.

Was the employee under contract?

Some employees, particularly executives and other high-level employees, work under written employment contracts. These agreements may limit when and why the employer can terminate the employment relationship. For example, a contract may permit termination for cause if the employee engages in misconduct, fails to perform required duties or violates company policy. If the employer can show that the employee’s conduct met the contract’s definition of cause, the termination may not constitute a breach of contract. The employer should preserve the contract, performance reviews, disciplinary records and any communications related to the termination. It is also important to follow any notice or procedural requirements contained in the agreement.

Did it involve an at-will employee?

Most employees are employed at will, meaning either party can end the working relationship at any time. However, at-will employment does not give an employer the right to fire someone for an illegal reason. An employee may claim that the termination was based on their race, religion, disability, age or another legally protected characteristic. They could also allege retaliation for reporting harassment, requesting protected leave, raising concerns about unlawful conduct or participating in an investigation. An employer may be able to defend against such a claim by showing that the termination resulted from a legitimate business reason, such as:
  • Repeated attendance problems
  • Poor job performance
  • Workplace misconduct
  • Violations of company policies
  • Elimination of the employee’s position
  • Financial or operational changes
Documentation can be critical. Written warnings, performance evaluations, attendance records and emails may help establish that concerns existed before the employee engaged in any protected activity. Consistency also matters. If employees who engaged in similar conduct were treated differently, it may be harder to defend the decision. Employers should apply their policies fairly and investigate alleged misconduct before taking action. Because wrongful termination cases often depend on the employer’s reasons and supporting evidence, legal guidance can be valuable both before an employee is terminated and after a claim has been filed.]]> On Behalf of Holden P.C. <![CDATA[How social media evidence can strengthen injury defense]]> https://www.holdenlitigation.com/?p=51212 2026-08-28T10:06:38Z 2026-08-28T10:06:38Z When might social media become important to the defense? Social media evidence can become relevant when a claimant's online activity conflicts with allegations made during litigation. For example, consider a claim alleging that an accident caused severe mobility restrictions and prevented the individual from participating in normal activities. However, publicly available photographs or videos show strenuous recreation or other physical activity may warrant closer examination. Other potentially useful information may include:
  • Posts describing how the incident occurred
  • Photographs showing activities inconsistent with alleged restrictions
  • Comments concerning employment or ability to work
  • Location information relevant to the litigation
  • Statements about recovery or physical capabilities
Because a single post rarely resolves a case, it is crucial to have the context to help establish someone's physical condition. To further strengthen the photographic or video evidence, admissible evidence such as medical documentation, deposition testimony and employment records can be used.

Social media can help evaluate damages and credibility

For companies defending high-value claims, damages can represent a substantial portion of potential exposure. Allegations may include:
  • Lost earnings
  • Diminished earning capacity
  • Ongoing medical expenses
  • Long-term physical limitations
Online activity that materially conflicts with those allegations can provide grounds for further investigation. For example, posts suggesting continued work activity could become relevant when evaluating a lost-income claim. Careful analysis of digital activity with the help of a legal team can potentially uncover weaknesses in allegations, clarify potential exposure and support a more informed defense strategy.]]> On Behalf of Holden P.C. <![CDATA[What evidence helps defend an insurance bad faith claim?]]> https://www.holdenlitigation.com/?p=51211 2026-08-27T14:21:17Z 2026-08-27T14:21:17Z Claim investigation records A well-documented investigation can show that you took the time to examine the facts before making a coverage decision. Keep materials such as:
  • Claim notes and inspection reports
  • Photographs and recorded statements
  • Estimates, invoices and other supporting materials
  • Reports from adjusters or investigators
These materials can show what your team reviewed and when it reviewed that information. They also help establish the steps taken before you accepted, limited or denied the claim.

Coverage analysis and policy documents

The policy and your coverage analysis can show why you reached a particular decision. Keep the relevant policy terms along with written notes or analyses that explain how those terms apply to the facts of the claim. Texas law requires insurers to conduct a reasonable investigation before refusing to pay certain claims. It also requires a reasonable explanation for certain coverage decisions. A record that connects the policy language to the facts can help your defense address these issues.

Communications and claim correspondence

Your communications can show how you handled questions and new information during the claim. Preserve relevant messages with:
  • Requests for additional information
  • Questions about coverage
  • Updates about the investigation
  • Explanations for coverage decisions
These can help respond to claims that your team ignored information, failed to answer questions or did not explain its position.

Expert opinions and supporting evidence

Expert reports can support your position when the dispute involves issues such as causation, damage or value. Keep the reports and information the experts relied on, especially when different experts reach different conclusions. This evidence can help explain why you relied on a particular opinion when making your decision.

Build the claim file around the decision

Your claim file should show how the evidence led to the decision you made. Reviewing that file with an attorney can help you find gaps, preserve useful evidence and prepare a focused response to a bad faith claim.]]> On Behalf of Holden P.C. <![CDATA[Arbitration agreements may affect nursing home litigation]]> https://www.holdenlitigation.com/?p=51210 2026-08-16T01:11:26Z 2026-08-16T01:11:26Z legal team can help those involved examine an admission record and determine whether filing a motion to compel arbitration supports an organization’s broader litigation strategy.

What happens when a nursing home is sued despite an arbitration agreement?

After receiving the petition, the defense must determine whether an arbitration agreement exists and whether it covers the claims asserted. If enforcement is appropriate, the facility may file a motion to compel arbitration and request that the court stay or dismiss the pending proceedings. A nursing home has the initial burden of showing that the parties formed a valid agreement and that the dispute falls within its scope. The opposing party may then raise contract defenses or argue that particular parties and causes of action are not covered. This preliminary dispute can require substantial evidence. The court may review:
  • The complete admission agreement
  • Electronic signature records and audit trails
  • Powers of attorney or guardianship orders
  • Witness testimony from admission personnel
  • Documents showing how the agreement was presented
  • Records identifying the capacity in which each person signed
A litigation team should secure these materials immediately. Missing records or conflicting employee accounts may prevent a facility from proving contract formation. The existence of an arbitration provision should be investigated at the outset of a concern. Early review can more effectively allow a defense team to decide whether to seek enforcement before taking positions inconsistent with arbitration.]]> On Behalf of Holden P.C. <![CDATA[Premises liability claims at energy facilities: What to know]]> https://www.holdenlitigation.com/?p=51209 2026-08-09T20:33:22Z 2026-08-09T20:33:22Z Common premises liability hazards Understanding Texas law is key to protecting your assets. Knowing specific legal defenses can help you stay ahead of potential issues. Since energy sites use heavy machinery and high-voltage equipment, accidents are common. Premises liability claims in this industry often result from these sources:
  • Slips, trips and falls: Open deck areas, scaffolding failures or slick surfaces near process zones
  • Heavy equipment: Risks involving cranes, forklifts or unmonitored drop zones
  • Electrical hazards: Arc flashes, temporary power issues or ungrounded equipment
  • Equipment breaches: Chemical leaks, gas vents or steam releases during maintenance
Texas property owners may be protected under Chapter 95 of the Texas Civil Practice and Remedies Code. This law can limit liability for injury claims from contractors or employees. It applies to injuries that happen during construction, repairs or property changes. However, whether this applies depends on the details of each case.

Securing your business

Premises liability risks are a natural part of the energy industry, but they should not threaten the future of your business. If you manage a facility, seeking the guidance of a skilled litigation attorney can help evaluate your risks, improve safety practices and defend your business against complex claims.  ]]> On Behalf of Holden P.C. <![CDATA[What is corporate veil piercing and how can you avoid it?]]> https://www.holdenlitigation.com/?p=51207 2026-07-25T02:54:56Z 2026-07-25T02:54:56Z When might a court pierce the corporate veil? Corporate veil piercing is a legal doctrine that allows courts to disregard the legal separation between a corporation or LLC and its owners, shareholders or members. When that occurs, those individuals may be held personally liable for certain business obligations. Texas is considered pro-business and provides strong liability protections for business owners. Courts are often reluctant to pierce the corporate veil. However, certain factors may increase the risk of it occurring, such as:
  • Commingling personal and business funds
  • Failing to maintain separate financial records
  • Using company assets for personal expenses
  • Using the business entity to commit fraud or deceive investors
  • Ignoring required corporate formalities
No one thing will automatically result in veil piercing. Instead, courts generally evaluate the overall conduct of the business and its owners. One of the most common mistakes business owners make is treating the company account as an extension of their personal finances. To reinforce the company’s separate legal status, it’s crucial to maintain dedicated business bank accounts, accurate accounting records and documented financial transactions. It’s also essential to avoid fraudulent or misleading conduct. Making false representations to lenders, hiding assets, transferring property to avoid creditors or using multiple entities to shield wrongful conduct increases the likelihood that a court will disregard the company’s separate legal existence. Forming an LLC or corporation is an important step toward protecting your personal assets, but that protection depends on treating your business as a separate legal entity. A legal professional can help establish appropriate governance practices, draft corporate bylaws and ensure the company remains in compliance with the law.]]>