You can sue for heatstroke injuries in certain circumstances.
Record-breaking heat is scorching the greater part of Texas this summer.
Hitting an amusement park this summer? Know your legal options if an accident happens.
Amusement parks across the country are in full swing as they welcome families from all over the nation. They’re a popular choice for summer vacation as they offer a wide variety of fun for the whole family.
Young children (ages 5 to 9) are the second-most likely group to be severely injured by fireworks.
It’s time to dust off the BBQ pits and bust out your lawn flags — Independence Day is less than a week away.
If negligence is involved in a senior’s heatstroke injury, they may be eligible to file a claim.
As Elder Abuse Awareness Month is coming to a close, temperatures are skyrocketing across Texas, putting seniors at risk.
Don’t be surprised when you hear these commonly raised defenses in personal injury suits.
When you are injured because of the reckless actions of another party, the law requires that you be financially compensated. Naturally, the defendants in your case (the person/people who injured you) are going to use every tool available to shift the blame away from them so they don’t have to pay.
(November 2, 2022) The city of San Antonio has had a crazy two months on the legal front, with some unusual lawsuits being filed. Bill Miller BBQ, a popular San Antonio chain, has sued its poultry supplier for $382,000 worth of chicken tenders that were “too salty” after receiving numerous customer complaints on the issue. A San Antonio lawyer has sued Texas staple grocery chain H-E-B for creating excessive noise and blocking sidewalk and road traffic from numerous early-morning deliveries, demanding compensation of up to one million dollars. Oftentimes, when people are injured or suffer extreme discomfort, they are not aware that they may be entitled to legal compensation for it. Let’s take a closer look at these unusual lawsuits and see the particulars behind the laws that drive them.
American business law can seem a little complicated. However, with 31 million U.S. citizens becoming entrepreneurs and starting their own small businesses, it is important to understand some basic legal concepts that govern business in the United States. Bill Miller BBQ’s lawsuit covers both breach of contract and gross negligence, two very important legal concepts. Let’s take a look at each one.
In many situations, those who suffer injuries at a public location because of another’s negligence may claim recovery under Texas’ premises liability laws. However, like most tort laws, premises liability is rife with exceptions and immunity clauses. The exceptions largely hinge on the classification of the property or business owner and the injury victim. As such, these cases tend to be complex and require an extensive understanding of Texas negligence laws.
Premises liability cases stemming from sporting events, such as baseball games, prove challenging for many accident victims. While many spectators bring a baseball glove in the hopes of catching a foul ball, many do not realize the dangers of a foul ball. However, the Major League Ball (MLB) assumes that spectators understand the potential risk of being struck by a foul ball.
In many situations, spectators can catch a foul ball or avoid serious injuries; however, the force of a foul ball slamming into an unsuspecting fan’s head can have a devastating impact. Spectators can suffer traumatic brain injuries, bruising, broken facial bones, skull fractures, and similar injuries. A foul ball could even kill a spectator. For example, the parents of a young child who was hit by a foul ball at a Houston Astros game finally settled with the team.
Recently, an appellate court issued an opinion in an accident lawsuit involving a Texas resident. The victim’s joined his church group on an out-of-state wilderness expedition trip. The church hired a company to arrange the group’s activities. The company required the participants to complete a “registration form” and “medical form.” On the first day of the trip, the victim participated in a rappelling course. However, during the course, he became inverted, fell, and died. The victim’s wife filed a lawsuit against the rappelling company.
In response to the lawsuit, the company moved for summary judgment arguing, amongst several issues, that Texas law did not apply to the case. Cases involving Texas residents suffering injuries in another state can pose many challenges to plaintiffs. The law provides that in diversity actions, the court should apply the conflict-of-laws rules of the forum state. This also applies in contract language dispute matters.
In this case, Texas laws require liability releases to be “adequately conspicuous,” which is a stricter standard than Colorado law. As such, the plaintiff contended that because her husband signed the release in Texas, Texas law should apply. However, the magistrate judge concluded that Colorado law controlled the matter. On appeal, the appellate court explained that Colorado law applies because diversity actions require courts to apply the conflict-of-laws rules of the forum state.
Recently, two employees died, and 30 others suffered injuries after a chemical leak at a LyondellBasell Industries (LBI) plant in Texas. The company is one of the largest plastics, chemicals, and refining companies in the world. The Texas company boasts that its chemicals have provided modern ways to enhance food and water safety worldwide.
According to a recent news report, the chemical leak involved acetic acid, which is a common food preservative used to make vinegar. The blast occurred around 7:30 in the evening when a cap burst on a line of acetic acid. Acetic acid is a clear, flammable liquid whose vapor can be corrosive to the eyes and skin. The burst released approximately 100,000 pounds of an acetic acid chemical mixture into the air. In addition to acetic acid, the burst released hydrogen iodide and acetate. The combination of these chemicals can be toxic and cause severe burns. Emergency responders and investigators are still investigating the accident; however, they do not believe that an explosion or fire caused the leak.
Chemical leaks such as the one at the Texas plant can be toxic and deadly to anyone in the vicinity. Chemical spills and leaks often occur because of negligence surrounding safety regulations, equipment, or employee training. Companies should make sure to properly train their employees and workers to ensure that they understand how to prevent spills and mitigate harm if a spill does occur. However, many companies prioritize economic gain over employee and community welfare. When this occurs, the companies may pressure workers to complete tasks in an unreasonable amount of time. This can naturally result in workers cutting corners to meet production deadlines.
Texas’ year-round warm climate combined with vast open spaces make the state home to an array of theme parks, amusement parks, and outdoor recreational parks. While these locations are a great place for couples and families to spend a day together, they also pose many risks to park-goers and employees. While serious injuries at a Texas amusement park are uncommon, they occur and can result in lifelong consequences.
For example, The New York Times recently reported on chemical exposure at a Texas amusement park. In late July, 26 people suffered exposure to bleach and sulfuric acid at a Six Flags amusement park. Park officials became aware of the incident when nearly 60 people began experiencing burning and breathing problems while in the shallow end of a children’s pool. Authorities evacuated the park and had the affected individuals wash their eyes under the fire truck’s hose. However, nearly half of the individuals were taken to the hospital, and one person remains in critical condition.
The children’s pool should maintain a pH balance of 7. However, testing revealed that the pool contained a combination of 35 percent sulfuric acid and approximately 12 percent bleach. While investigators do not believe the contamination was intentional, they are unsure how the event occurred. The chemicals found in the pool are the typical chemicals that the park uses every day to clean and sanitize the pool. However, they are investigating the system that injects the chemicals to determine whether the system malfunctioned. Safety logs indicated that safety officials inspected the park about three weeks before the incident. A County Judge closed down the park until the investigation is complete. Further, the Judge indicated that the park should have been recording the pH balance levels; however, they have yet to discover whether that log exists.
Texas Injury Lawyers Blog