Personal Injury

Published on: July 13, 2020

Texas Plaintiff Denied Relief in 5th Circuit Product Liability Claim

medical-tools-placed-on-tray-in-modern-clinic-3884085-300x200 A 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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Published on: July 9, 2020

Court Finds that Texas Farm Animal Activity Act Does Not Apply to Ranchers and Ranch Hands

By Carabin Shaw

agriculture-animal-beef-bull-301600-300x201 The Supreme Court of Texas, recently issued an opinion addressing the reach of the Texas Farm Animal Activity Act (Farm Act). According to the court’s opinion, the defendants owned and operated a 760-acre cattle farm. In 2005, they hired a part-time ranch hand to work the cattle and perform other duties at the ranch. After training the ranch hand, they allowed him to work alone while the owners tended to their other businesses. On the day of the accident, the owners instructed the ranch hand to move 20 head of cattle from one end of the ranch to another. When the owners returned, they found the ranch hand dead behind the barn. It was indicated in the medical report that the ranch hand died from blunt force and crush injuries, most likely from being trampled by the animals.

A wrongful death lawsuit was filed by the ranch hand’s family against the owners, alleging that they were negligent in failing to provide a safe workplace, failing to train the ranch hand and warn him of the dangers of working cattle, and failing to supervise him. The trial court granted summary judgment in favor of the defendants finding that the Farm Animal Activity Act (Farm Act or Act) barred the plaintiffs’ claims; however, the court of appeals reversed, and the defendants petitioned the court for review.

The Farm Act (the Act), which is an expansion of the Equine Activity Act, limits liability for injuries to a participant in a farm animal activity that results from an “inherent risk” of the activity. One example is when someone is injured while competing in a horse race. The Act applies whether a person is an amateur, professional, pays, or participates in the activity for free. The are about 40 specific examples of these activities included in the Act. However, notably, ranchers’ and ranch hands’ involvement with the animals is not mentioned in the the Act.

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Published on: July 3, 2020

Backyard Fireworks Dangers

By Carabin Shaw

Friday, July 3, 2020, SAN ANTONIO, TEXAS–Fireworks are a time-honored and much beloved tradition on the July 4th Weekend. But this year, fireworks celebrations across the country may be cancelled or reduced due to Covid-19. Many people will now celebrate the holiday at home or at a neighbor’s house. Here are suggestions for staying safe and avoiding a visit to the hospital from do-it-yourself-home fireworks.

Backyard fireworks can be dangerous, causing serious burns, eye injuries and even death. According to the American Academy of Pediatrics, fireworks should only be handled by a well-trained adult — and that includes sparklers.

Children under 15 account for more than a third of the injuries, which included burns and wounds to the hands, fingers and arms, the head and face, and eyes. Some of the most severe and fatal injuries happened when lit fireworks seemed not to work correctly and were being held by the victim when they exploded.

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Published on: June 22, 2020

KNOW THE SIGNS OF DROWNING

By Carabin Shaw

KNOW THE SIGNS OF DROWNING

If you spend time on or near the water then you should make sure you and your family know what to look for when people enter the water. Drowning is almost always a deceptively quiet event.

Despite what you see in the movies, there is very little splashing, no waving and no yelling or calls for help of any kind. It is the No. 2 cause of accidental death in children ages 15 and under (just behind vehicle accidents). What’s more, of the approximately 750 children who will drown next year, about 375 of them will do so within 25 yards of a parent or other adult. In some of those drownings, the adult will actually watch them do it, having no idea it was happening. Drowning doesn’t look like drowning.

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Published on: June 19, 2020

ACCIDENT INJURY REPORT: Nacogdoches Woman Injured in Multi-Vehicle Crash

By Carabin Shaw

Tuesday, June 17, 2020: NACOGDOCHES, Texas – A woman suffered serious injuries in a multi-vehicle crash in Nacogdoches on Tuesday. Police and fire units responded to a three-vehicle crash at the intersection of N. University Dr. and E. Austin Street. According to a press release from the Nacogdoches Police Department, the accident happened at 6:07 p.m. Tuesday.

The investigation revealed that a GMC Canyon pickup driven by Zachary Cleveland of Nacogdoches was northbound on N. University and collided with a westbound Volkswagen car driven by Margaret Naranjo, also of Nacogdoches. The collision sent both vehicles northbound, colliding with a Ford Ranger pickup, driven by Lucresha Phillips, a resident of Nacogdoches.

The release said Cleveland and Phillips were uninjured in the accident, however Naranjo suffered serious injuries and was transported to Nacogdoches Memorial Hospital, and then later flown to a Tyler hospital. Her condition is unknown at this time.

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Published on: June 18, 2020

Inexperienced Teenage Drivers Present a Serious Risk to Texas Motorists

By Carabin Shaw

road-people-street-smartphone-2224-300x200 The risk of a motor vehicle crash is highest among teens aged 16-19, according to the Centers for Disease Control and Prevention (CDC). Teens aged 16-19 are almost three times more likely than other drivers to be in a fatal crash. In 2017 alone, 2,364 teens aged 16-19 in the United States were killed. This means that six teens aged 16-19 died every day due to motor vehicle crashes.

According to one study, Texas teens are some of the most dangerous drivers in the country, putting them at high risk for a Texas motor vehicle crash. About 40 percent of teens in Texas reported texting and driving, seven percent reported drinking and driving, and an additional seven percent reported that they rarely wear a seatbelt. The primary factors that increased the likelihood of a crash among the teenage population are male drivers, the presence of other teen passengers, and newly-licensed drivers.

Texas drivers must exercise reasonable care while they are operating a motor vehicle. In the event of a Texas motor vehicle crash, an injured party must show that a defendant owed a legal duty to the injured party, that the defendant breached that duty, that the injured party’s suffered damages, and that the defendant’s wrongful conduct proximately caused the damages suffered. In some Texas car accident cases, violation of a statute may be evidence of a defendant’s failure to meet the standard of care. For example, driving while intoxicated may be evidence of failing to meet the requisite standard of care while operating a motor vehicle.

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Published on: June 15, 2020

San Pedro Springs and 11 San Antonio Public Pools Will Open in July

By Carabin Shaw

June 15, 2020, San Antonio, TEXAS–The San Antonio Parks and Recreation Department plans to re-open 11 outdoor public pools and five splash pads on July 3, according to its website. The popular San Pedro Springs Park pool is among those that are reopening. It was the first pool in the city, according to the Texas State Historical Association.

Connie Swan, the marketing manager for the city’s parks and recreation department, said the pools will reopen at limited occupancy from July 3 to Aug. 9. The percentage of the occupancy has not been finalized. Hours of operation will be announced at a later date, Swan said.

On May 28, the city released a four-phase reopening plan. Pools and splash pads are part of phase three of the plan. The department manages 26 public pools, according to its website.

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Published on: June 4, 2020

Texas Politician Injured in Motorcycle Accident

By Carabin Shaw

Recently, a national news source reported that Allen West, a former Florida state representative who is currently running for chair of the Texas Republican Party, suffered serious injuries in a motorcycle accident. Mr. West was traveling behind another motorcyclist who suddenly braked after a car changed lanes in front of him. The sudden braking resulted in a chain-reaction, causing Mr. West to slam into the bike in front of him. Emergency responders airlifted him to a hospital where he received treatment for a concussion, bone fractures, and several lacerations. This incident exemplifies the serious threat Texas motorcyclists face every day they get on a bike. Individuals who suffer injuries in a motorcycle accident because of another’s negligence or recklessness may be entitled to recover damages from the at-fault party through a personal injury lawsuit.

When it comes to Texas motorcycle accidents, there are three leading causes: failure to abide by traffic laws, driver error, and dangerous road conditions. Motorcycle accidents are more likely to occur when a motorist is disobeying traffic laws, such as speeding, driving under the influence of drugs or alcohol, using a cell phone or other device while driving, failing to yield, and tailgating. Additionally, accidents often occur when a driver commits an error, such as quickly changing lanes, aggressive driving, following too closely, and distracted driving. Lastly, road conditions also affect the likelihood of an accident. Driving during inclement weather such as dense fog or heavy rain, road obstructions, sharp curves, and poorly maintained roads also lead to a higher chance of an accident.

Of course, all Texas motorists should abide by traffic laws. That said, motorcyclists should take extra care when operating the bikes because they are more likely to suffer serious injuries or death in the event of an accident. While motorcyclists who are over 21-years-old do not need to wear a helmet if they complete a safety course or purchased health insurance that covers motorcycle accidents, wearing a helmet is still a good idea because it has been shown to significantly reduce the likelihood of serious injuries. Notably, Texas law forbids motorcyclists from lane splitting, which is when a biker drives in between lanes to pass traffic.

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Published on: June 2, 2020

Drowning Accidents at Hotel/Resorts in Texas

By Carabin Shaw

chair-color-entertainment-fun-261348-scaled Summertime is here and that means travel season. Staying in a hotel or resort is usually a big part of the vacation experience. Before the family gathers up the towels and heads down to the pool for some fun remember to always be cautious and aware around the water.

Every year, hundreds of vacationers enjoy swimming at their hotel pools. A beautiful breeze and the refreshing water in these swimming pools makes for a relaxing day in the sun. Despite the benefits and many pleasures swimming pools provide to its users, there are also risks involved.

Hotel pool accidents are similar to apartment pool accidents when it comes to legal matters. Just like an apartment pool complex, a hotel pool complex must be properly maintained by staff and must be in proper working condition so that injury or harm is less likely to occur for a hotel resident or visitor. Furthermore, the maintenance staff must maintain pool safety standards by restricting dangerous areas for kids and putting restrictions around the pool so that children do not have access to the dangerous areas of the hotel pool. In addition, warning signs must be posted as well in the pool area.

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Published on: May 29, 2020

Water Park Accidents in the US – Who is Responsible?

By Carabin Shaw

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With the millions of visitors that throng to water parks each year, it is a statistical inevitability that accidents are destined to occur. Fractured bones, neck and back injuries, water-borne diseases, and even death are the type of injuries and tragedies that can unfold in the twinkling of an eye at these popular amusement places.

When water park mishaps or drownings take place, the injured victim or parent or guardian of an injured loved one can pursue compensation through a personal injury or wrongful death lawsuit against the responsible parties. Yet the process of determining just who is to blame for such water park accidents can be challenging because of the many legal complexities surrounding these water park accidents.

Water Park Accident Liability – Who is Responsible?

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