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pexels-nelly-aran-1132688-300x200Pre-prepared and packaged baby food has served as a convenient option for busy parents of infants and toddlers for decades. As parents, we only want what is best for our children, and we should be able to trust that the products we purchase for them to put into their bodies is safe and nutritious. When these food products contain contaminants that could be toxic, this oversight could lead to serious personal injury or even death to those most vulnerable. In certain cases, dangerous food products may give rise to a Texas product liability lawsuit.

According to a recent news report, federal investigators have found that some brands of baby food products contained several contaminants. Even products labeled as organic were found to be contaminated with heavy metals such as arsenic, lead, and cadmium. According to experts, exposure to these contaminants could pose significant risks to infants and toddlers, and heavy metals have been associated with brain damage, behavioral impairments, and even death. Because the FDA does not set limits on heavy metals specifically for baby foods, advocates argue that the agency needs to do more to regulate the industry to ensure our children’s safety.

If you have purchased baby food from any of the reported brands and your children have been injured as a result of the defective product, you may have a product liability claim against the manufacturer. In Texas, product liability is a strict liability offense, which means that negligence does not get the manufacturer off the hook. Thus, if there was a defect in the product and it caused the injury, then the defendant is liable. Texas recognizes three types of product defects.

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Tuesday, Feb. 23, 2021:  CAMERON, Texas — A freight train and an 18-wheeler truck have collided on FM 2095 in Cameron, causing a large explosion and fire.

According to Milam County Judge Steve Young, the crash happened before 7 a.m. several responders are on the scene, as tanker cars are overturned and inflamed.  Judge Young says the 18-wheeler hit the train, causing 14 train cars to derail; however, the driver of the 18-wheeler survived. According to Milam County Sheriff Chris White, all personnel on the train are safe.

Sheriff White says the train was carrying coal and gasoline and is the reason for the fire. He also said there was hazardous material cars in the back of the train but it was not touched during the collision. Hazmat arrived and took the hazardous material out of range of the fire.

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https://www.texasinjurylawyersblog.com/files/2021/02/Screen-Shot-2021-02-11-at-6.04.35-PM.pngDuring the course of the COVID-19 public health emergency, many aspects of life as we know it in Texas have changed. One change is traffic safety, especially now that driving patterns have been altered as a result of social distancing and more people staying home. Unsurprisingly, traffic patterns changed significantly throughout the course of 2020, and some of these changes may also affect Texas residents and drivers if you’re planning to get back on the road or have been back to commuting for a while.

According to the National Highway Traffic Safety Administration’s (NHTSA) most recent report, changes to driving and travel patterns have been significant during the pandemic. The NHTSA reported that despite initial declines in traffic crash fatalities in 2020, the fatality rate increased during the second quarter of the year. From April until June, the fatality rate rose per 100 million vehicle miles traveled from 1.06 in 2019 to 1.25 in 2020. There was, however, an initial decrease in the first six months of 2020, which is likely attributable to the early onset of the pandemic and initial social distancing requirements and stay at home orders.

Drivers were taking on increased speeds in the second half of the year, according to the NHTSA. Although the reasons behind this are unclear, this may have been due to less bustle and congestion on the roads, which may have encouraged drivers to take advantage of the space. The NHTSA also reports that across nearly all roadway classifications, speeds observed in 2020 remained higher than in 2019. This, the NHTSA argues, presents a significant safety concern because a 10 percent change in the average speed of traffic has been historically shown to have a greater impact on traffic fatalities than a 10 percent change in traffic volume. Increased driving speed, the NHTSA contends, increases the risk of crashes and the severity of injuries associated with those crashes.

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https://www.texasinjurylawyersblog.com/files/2021/02/Screen-Shot-2021-02-11-at-5.18.29-PM-300x170.pngBecause Texas is such a large state, some areas receive more wintry conditions than others during the winter months. As a result, many drivers do not know how to drive on icy or slippery roads, which can result in devastating Texas car accidents. To stay safe this winter season, it is crucial that you drive with care if you must travel, and to limit travel as much as possible when temperatures are particularly low and the weather is icy.

According to a local news report, six people were killed in a major car accident that involved more than 100 vehicles after a rush of winter weather that swept across Texas. Following the accident, multiple people were trapped in their vehicles, and more than 36 people were taken to local hospitals for further treatment and several were in critical condition at the scene. Videos and photos from other news outlets showed a massive crash involving multiple cars, eighteen-wheeler trucks, tractor-trailers, and local firefighters responding to the scene. Vehicles were piled on top of each other, rolled on their sides, or spun out along the sides of the road. Due to significant amounts of winter weather rolling across the state, local authorities are asking drivers to proceed with caution, especially since the roads are especially slick and icy.

According to the Texas Department of Transportation (DOT), several easy driving tips can ensure a safer, smoother, less stressful trip when traveling in unpredictable winter weather.

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In the United States, wrong-way accidents can kill hundreds of people every year. These accidents can be particularly deadly when compared to other types of collisions, and account for as many as 54 percent of traffic accident-related deaths in previous years. In the event of one of these devastating accidents, if someone you love is killed because of the neglect and carelessness of another driver, you may have grounds for a personal injury or wrongful death suit for monetary damages.

According to a local news report, two San Antonio residents and four others were killed after a wrong-way accident. Evidently, two vehicles crashed into each other head-on, resulting in one driver being pronounced dead on the scene and his passenger succumbing to her injuries after being transported to a local hospital for treatment. The other victims who died were between 18 and 24 years old, and three other unidentified passengers were taken to the hospital for medical care. Following the accident, local authorities are still investigating the accident’s details.

In Texas, you may be eligible for filing a wrongful death claim on behalf of a loved one if that individual died due to a wrongful act, neglect, carelessness, or unskillfulness from the at-fault party. Car accidents that result in a wrongful death are a common claim in Texas, but not everyone is eligible to bring a claim on behalf of the deceased. If you decide to file a wrongful death lawsuit, you must either be the deceased’s surviving spouse, child, or parent. Children who are legally adopted, surviving adoptive parents, and personal representatives of the deceased’s estate can also file a wrongful death claim.

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https://www.texasinjurylawyersblog.com/files/2021/02/Screen-Shot-2021-02-11-at-5.07.17-PM.pngThursday, February 11, 2021, DALLAS/Fort Worth:  Traffic crews and medics responded to several fatal car accidents overnight in North Texas as icy roads caused difficult driving conditions for people. At least eight deaths have been confirmed, officials said. 

Pileup crash on I-35W in Fort Worth

More than 75 vehicles were involved in a massive pileup crash Thursday morning on Interstate 35W in Fort Worth, including several 18-wheelers, officials said. A number of people were trapped hours after the crash happened around 6 a.m. 

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pexels-matheus-bertelli-799463-300x169According to the Texas Department of Insurance (TDI), Texas motor vehicle collisions occur less than every minute. Those that suffer injuries in a Texas car accident may be able to recover for their injuries against a negligent driver. Over 10% of Texas accidents result from inclement weather conditions, such as fog, sleet, ice, rain, and wind. In some cases, hurricanes, tornadoes, flooding, and electric storms also result in a higher number of severe Texas car crashes. Texas weather can change quite quickly, and weather conditions can vary drastically from one part of the state to the next. Although safety officials stress the importance of postponing driving until after a severe weather event, it is not possible in some cases.

Before getting on the road, drivers should ensure that their vehicles are in proper working order. Motorists should inspect their windshield wipers, headlights, tire pressure and tread, and brakes. Most importantly, drivers who must drive during inclement weather should plan their route and travel time in advance. Driving during severe weather conditions can be stressful and take longer than usual. Drivers who find themselves on a Texas road during bad weather conditions should slow down, leave room in front of them, use turn signals early, buckle up, turn off cruise control, avoid sudden braking, and pull over safely, if necessary.

Rain accounts for the majority of weather-related car accidents in Texas. Hydroplaning is one of the main reasons for accidents in rainy conditions. This occurs when a vehicle’s tires lose contact with the road and begin to skid and veer. These accidents often result in chain-reaction collisions and can cause severe injuries and even death to motorists, passengers, and bystanders.

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pexels-lukas-rychvalsky-1600909-300x200Although this past holiday season has looked a little different from previous ones because of the pandemic, Texas roads remain busy as families continue to take road trips, commute around town for necessities and daily errands, and travel. Even though COVID-19 may have kept many at home this holiday season, Texas drunk driving accidents still continue to claim too many lives.

According to a recent news report, a local mom lost her husband and two children after a tragic car accident. The two children and husband were driving along when the driver of a Ford F250 crashed into them. Although the driver of the Ford F250 survived, the local mom lost her entire family in the crash. So far, no charges have been filed against the truck driver. However, the mom retained attorneys who have filed a wrongful death lawsuit because the Ford F250 driver was allegedly intoxicated when the accident took place. The investigation remains active, and officials are still assessing potential charges. While charges are pending, the local mom and her attorneys are hopeful that criminal charges against the at-fault driver will be filed.

The legal system can often be challenging and confusing to navigate when it comes to certain claims. Unfortunately, when criminal charges are officially filed against an individual, it does not mean that they will automatically be responsible for paying damages to the party who suffered harm. Because criminal law and the criminal justice system were not designed to protect victims or survivors individually, but rather to protect society as a whole, damages are not typically awarded to specific people who have been harmed through the criminal system.

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https://www.texasinjurylawyersblog.com/files/2021/01/Screen-Shot-2021-01-15-at-7.18.55-PM-300x57.pngWhen a consumer purchases a new product, they rightfully trust that the designer, manufacturer, and retailer took measures to ensure the product’s safety and efficacy. However, despite testing standards and federal oversight, some dangerous products make their way into the consumer stream. Products with a design or manufacturing defect or that are inherently dangerous may cause serious injuries and lead to a Texas product liability lawsuit. The United States Consumer Product Safety Commission (USCPSC) requires manufacturers, distributors, and similar entities to report any issues with their products and issue recalls if necessary. However, these parties may still face liability even if they issued a recall.

Texas product liability laws cover claims stemming from design defects, manufacturing defects, and warning defects. The law allows injury victims to recover damages against manufacturers or sellers of a defective product that causes personal injury, death, or property damage. Texas design defect claims are generally the most onerous product liability claim. In these cases, plaintiffs must establish that the victim suffered injuries because the product’s design was inherently dangerous. The law requires plaintiffs to present evidence of a safer and economically feasible alternative design. Manufacturing defects are relevant when the product’s design is appropriate, but something went awry during the manufacturing process that made a specific item dangerous. This type of claim may be appropriate when a manufacturer fails to meet safety or design standards. However, the claims do not apply to those who suffer injuries from a defective product manufactured before updated safety standards. Finally, failure to warn claims are applicable when a manufacturer did not provide appropriate instructions or warnings.

The New York Times recently reported that The Home Depot recalled a popular indoor/outdoor fan, after reports that the fans’ blades were detaching while spinning. The Home Depot issued a voluntary recall after nearly 50 consumer reports of detaching blades. The USCPSC, reported that The Home Depot voluntarily recalled the fans and ceased sales when they discovered the issue. They maintain that the fans are not inherently dangerous, and the hazard resulted from a manufacturing defect.

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https://www.texasinjurylawyersblog.com/files/2021/01/Screen-Shot-2020-11-23-at-10.11.02-AM.pngSAN ANTONIO, January 11, 2021– The Carabin Shaw Law firm is continuing its mission to help fight COVID-19 in Texas. The Firm has donated Healthcare Kits to the Gonzaba Medical Group which will be distributed to patients tested positive on a daily basis.

The Oximeter Healthcare Kits will be distributed in this manner:

  • Internal COVID Team (internal Team that assists with employee cases)
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