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Articles Posted in Delayed Injury

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medical-tools-placed-on-tray-in-modern-clinic-3884085-300x200A recent case provides insight for Texas plaintiffs suing manufacturers for injuries caused by their products. According to the court’s opinion, the plaintiff was injured after her dentist inappropriately used a product to clean her dentures. The plaintiff later suffered significant injuries when the dentures were placed in her mouth. After suing the dentist and the product’s manufacturer, the plaintiff’s claim against the manufacturer was dismissed by the United States 5th Circuit Court of Appeals.

The plaintiff’s claim against the manufacturer was based on a failure to warn. The theory underlying failure to warn claims is that a product’s manufacturer has a responsibility to warn users of harmful effects. As one court explained, “in a failure-to-warn case, the plaintiff must show that the warning was defective and that this…was the producing cause of the plaintiff’s injury.” These cases typically come down to a question of whether the warning was adequate. In other words, a plaintiff will generally be able to recover if the judge or jury believes that the manufacturer’s warning was not sufficient to warn the plaintiff against the type of injury that occurred.

In this case, the plaintiff’s claim was unsuccessful because the product’s label contained language warning against using the product in the manner that caused the plaintiff’s injury. The warning label on the product stated that it was not to be used to disinfect dentures or the surface of any other instrument that would come into contact with mucous membranes. By instructing his assistant to soak the dentures in the product for fifteen minutes before placing the dentures back in the plaintiff’s mouth, the dentist caused the plaintiff’s injury by using the product in the exact manner that the warning label prohibited. When a product’s warning warns against the very activity that causes injury, the warning is deemed adequate as a matter of law, and the plaintiff’s claim automatically fails. For this reason, the plaintiff’s claim was unsuccessful.

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https://www.texasinjurylawyersblog.com/files/2020/06/Screen-Shot-2020-06-04-at-3.53.53-PM.pngSaturday, May 31, 2020, New Braunfels, TEXAS— A 22-year-old woman died after tubing along the Comal River on Saturday, the New Braunfels Police Department has confirmed. 

According to the post, the woman, identified as Devon Walton from Houston, was near the tube chute when she had gone under the water. She resurfaced but had trouble breathing and the woman’s friends alerted the police.

Officers at the scene said the woman showed signs of labored breathing but was alert and speaking. Authorities contacted the New Braunfels Fire Department and EMS, but the woman lost consciousness before the paramedics arrived. Police said officers tended to the woman until paramedics arrived on scene and began life-saving measures.

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Photo Credit: CBS 11

(FT. WORTH, Feb 3, 2020) – At least two people have been injured after a crash involving a Trinity Railway Express (TRE) train and an 18-wheeler.  The accident happened Jan. 28 around 7:30 a.m. during the morning commute at the 400 block of Riverside Drive, east of downtown Fort Worth.

The 18-wheeler was stopped on the train tracks due to traffic. Officials with the Fort Worth Fire Department said that the semi was hauling 30,000 pounds of aluminum. Emergency crews treated the driver of the tractor-trailer at the scene. Officials are still investigating the accident.

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