Covid-19 Safety Protocols Are Being Followed - Free Consultation Via Phone or Video Conferencing - Learn More
Published on:

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.

Published on:

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)
Published on:

collection-of-construction-safety-helmet-38070-300x197Recently, the Supreme Court of Texas issued a decision in a lawsuit stemming from injuries an employee suffered at his workplace. The case arose when a general contractor subcontracted with the defendant to drill a foundation for a commercial construction project. The plaintiff was working as a lead superintendent for the project. On the day of the incident, the subcontractor’s crew began working on a new piling without sufficient grout, contrary to the company’s policy. The defendant’s foreman told the crane operator to rock the auger back and forth to free it from the solidifying grout. After several minutes the foreman told the operator to stop, as it posed a danger. However, the subcontractor’s superintendent overrode the foreman’s instructions and told him to continue. Despite concern that the situation was becoming increasingly dangerous, the subcontractor demanded that the operator continue. As a result, some of the crane’s rollers came off and crushed the plaintiff’s legs, ultimately requiring amputation of his legs.

The plaintiff received workers’ compensation and subsequently filed a lawsuit against the subcontractor for negligence and gross negligence, arguing that the subcontractor waived its exclusive remedy defense. Later the plaintiff amended his complaint, contending that the subcontractor intentionally injured the plaintiff.

In Texas, the Workers’ Compensation Act, (the Act) is the exclusive remedy for eligible employees who seek compensation for work-related injuries. This provision provides medical and disability benefits without considering the fault of either the employer or employee. The Act does not allow lawsuits for an employer’s grossly negligent behavior unless the conduct results in a fatal injury. However, an exception to the bar on lawsuits exists when an employer commits an intentional tort. In order to satisfy the exception, the plaintiff must establish that the employer “believed that its actions are substantially certain to result” in a specific injury to a specific employee, not “merely highly likely to increase the overall risks to employees in the workplace.”

Published on:

pexels-pixabay-263402-300x199Jan. 3, 2021: NEW BRAUNFELS, Texas — One person is dead, and three others are hurt after a crash Tuesday night December 29th near South Business 35 and McQueeney Road in New Braunfels. 

Emergency crews responded to the single-vehicle rollover crash at about 11:45 p.m. When they arrived, they found a Ford Explorer had lost control and rolled over, hurting four adults inside including the driver, who was ejected from the vehicle.

The driver, identified as 47-year-old Carlye James Donaldson of San Antonio, was being transferred to a nearby hospital when he died en route police said. 

Published on:

pexels-carl-newton-2280165-199x300While driving, there are few scenarios scarier than seeing another car driving the wrong way and coming straight for your vehicle at full speed. Although these collisions are rooted in a number of potential causes, at-fault parties must be held accountable for their carelessness when they take place. When these Texas wrong-way accidents occur, they often have devastating and fatal consequences for all who are involved.

For example, according to a recent news report, a toddler died from his injuries following a major wrong-way car accident. The toddler and his aunt were driving along the road when an oncoming sedan approached while driving in the wrong direction of the street. The sedan collided with the car the toddler and his aunt were operating and resulted in the crash. The sedan driver died from blunt force injuries. The toddler was not in a car seat when the crash took place but was wearing a seat belt, and his aunt was taken to the hospital with non-life-threatening injuries.

Like every other state, Texas requires vehicles to drive on the right side of the road. There are only very narrow exceptions in which vehicles can be on the wrong side of the road. Passing another vehicle, traveling on a one-way road, avoiding an obstacle on the street, or traveling on a road with more than just two lanes of traffic are the only exceptions available for being on the wrong side.

Published on:

https://www.texasinjurylawyersblog.com/files/2020/12/Screen-Shot-2020-12-22-at-12.55.37-PM.pngDecember 22, 2020: ELLIS COUNTY (CBSDFW.COM) — Two family members were killed, and two others were injured after a tragic December 14 crash involving a passenger van and a semi tractor-trailer.

Officials with the Milford Police Department confirm two people in the van died and two others were injured — one serious, one minor — in the afternoon crash on Interstate-35E in south Ellis County.

It was around 5:30 p.m. when police were called out on a “two vehicle major accident”. Once there officials said they quickly realized they needed help and called in more than half-dozen agencies — including DPS, Italy Police and Fire, and Ellis County Sheriff’s deputies.

Published on:

pexels-antonio-batinić-5364345-300x200There are plenty of roads in Texas that do not have a physical median separating the lanes as vehicles move in opposite directions. This road design, coupled with distracted or reckless driving, often becomes the perfect storm for dangerous car accidents. Head-on accidents, for example, most frequently occur on this type of roadway when the at-fault party veers across the center dividing line and crashes into a car coming in the opposite direction.

In a recent news report, six individuals were killed in a deadly head-on highway car accident. According to the Texas Department of Public Safety, two vehicles were heading in opposite directions when one of the cars veered into the neighboring lane and crashed head-on with the other vehicle. The eastbound vehicle was carrying three passengers, who all died at the scene. The westbound car was carrying six passengers, and three were killed in the crash. The remaining passengers of the westbound vehicle were transported to local hospitals to treat their injuries. All of the passengers in the eastbound vehicle were wearing seat belts, whereas only the driver of the westbound car was wearing his seat belt. The crash remains under investigation by local authorities.

In Texas, like other jurisdictions, head-on car accidents can lead to a host of legal issues. Distracted driving or drowsiness are often common causes for these often-fatal crashes, as well as drunk driving or speeding.

Published on:

pexels-pixabay-263402-300x199December 17, 2020:  A Universal City woman died on Interstate 35 on Saturday night December 12th after an SUV crashed into her parked car, sending her into incoming traffic, according to officials.

Karla Barraza, 21, was standing in front of her Volkswagen Jetta, which was disabled in the 21500 block of the southbound side of the highway in Schertz, when a Nissan Rogue crashed into it around 10:51 p.m., Schertz police said in a statement.

The collision threw her into a northbound lane, where she was hit by a passing car, according to the statement.

Published on:

pexels-pixabay-263402-300x199December 15, 2020:  POLK COUNTY, Livingston,Texas — Two people are dead following a crash last week in the early morning of December 8th in Deep East Texas.

According to the Texas Department of Public Safety, troopers responded to a two-vehicle major crash around 6:50 a.m., on US 190, about five miles east of Livingston. 

The preliminary crash investigation indicates an SUV was traveling east on US 190, while the driver of a car was traveling westbound and reportedly attempted to pass another vehicle in a no passing zone and struck the SUV head-on.

Published on:

pexels-ian-panelo-3087484-200x300Many Texas companies hire independent contractors because of their cost-effective nature. With an independent contractor, companies can use the contractor for a particular project when it needs to be done and are free from being tethered to the particular contractor when the work is complete. When a contractor’s actions cause an accident, however, there is a question of liability on the company’s part. Is the contractor or the company responsible? It can often be a complicated question.

For example, in a recent Texas Supreme Court opinion, the court considered a case involving the liability of a company that hired an independent contractor. When a Texas utility company entered into a contract with an independent contractor, the utility company issued a work order for the independent contractor to remove a utility pole. To remove the pole, it needed to be pulled out of the ground, and then the hole would be filled with dirt. The independent contractor completed the project and filled the hole, and another company that the utility company contracted with to inspect the work of its contractors confirmed that the job was complete. The plaintiff was mowing her lawn when she stepped into a hole that was two and a half feet deep in the area where the pole had been removed. The plaintiff sued the utility company, its independent contractor, and the company responsible for checking the contractor’s work for negligence. The trial court and court of appeals sided with the defendants by granting summary judgment, and the plaintiff appealed.

On appeal, the plaintiff argued that the utility company owed a duty to her to ensure that the independent contractor performed its job in a safe manner. Because the removal of the pole was inherently dangerous work and the utility company had a contractual right to control the independent contractor, they owed her a duty. However, the court disagreed and sided with the defendants, arguing that there was no duty on the part of the utility company to the plaintiff.

Contact Information