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agriculture-animal-beef-bull-301600-300x201The 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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https://www.texasinjurylawyersblog.com/files/2020/07/Screen-Shot-2020-07-03-at-10.05.14-PM.pngFriday, 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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chair-color-entertainment-fun-261348-scaledSummertime 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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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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https://www.texasinjurylawyersblog.com/files/2020/05/Screen-Shot-2020-05-26-at-1.22.28-PM.pngMay 23, 2020:  San Antonio, TEXAS–The crash happened around 5:30 a.m. Friday on Interstate 10 near the Dominion on the north side of San Antonio.  Justin Antwan Jackson, 29, the driver of the 18-wheeler, involved in the incident is now charged with failure to Stop and Render Aid after his truck rear-ended a red Ford Fiesta that was stalled on US I-10.  

The driver of the car, Donna Falkenberg, 46, was killed in the crash. She was pronounced dead at the scene.  San Antonio Police said she was not wearing a seat belt.

According to an arrest affidavit, Jackson was traveling southbound in the right-most lane when it neared the stalled Ford Fiesta, which had on its hazard lights.  Jackson told police that he tried to avoid another vehicle that appeared to be crossing into the lane next to him and did not see the Ford until the crash was unavoidable.

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abstract-animal-arachnid-art-276377-225x300Recently, the Supreme Court of Texas, issued an opinion addressing whether the ferae naturae doctrine limits a landowner’s liability when a wild animal on their property causes damages. According to the court’s opinion, the defendant owned a bed and breakfast (B&B) and a neighboring cabin on the property. In 2012, the defendant began renting out his B&B, primarily on the weekends. Before each rental, the owner hired a cleaning service to prepare the home for the incoming guests. This preparation included identifying any potential pest problems and utilizing a “bug bomb,” in cases where the housekeeper noticed a pest issue.

In 2014, the defendant leased the neighboring cabin to the plaintiff. The defendant often employed the plaintiff to do various maintenance work on the B&B. On previous occasions, the plaintiff notified the defendant that he observed spiders in the cabin and B&B. The defendant would tell the housekeepers of these sightings so that they could appropriately prepare the B&B for guests.

In preparation for incoming guests, the plaintiff asked the defendant to check on the B&B’s dishwasher and determine whether the sink was leaking. When the plaintiff was checking the sink, a brown recluse spider bit him. Neither the plaintiff nor the defendant had any knowledge that there were brown recluse spiders on the property. Although, the defendant read reports that brown recluse spiders are often found in Texas, and he assumed they might exist on his property.

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crop-doctor-with-stethoscope-preparing-for-surgery-in-3825586-scaledA legal suit has been filed with the New York State Nurses Association against the State of New York regarding what they allege to be “grossly inadequate” coronavirus protections.  The Complaint alleges a lack of testing, and N95 masks as they attempt to treat patients who have contracted the disease.  News reporting outlets have been discussing employees concerns for safety in all industries nationwide for weeks as the country races to stop the disease.  Without proper safety measures in place workers are left vulnerable to getting sick as they work to heal patients. I believe we will see more legal battles like these in the future as the deadly pandemic has all workers fearing for their lives and livelihoods all at once.  In other parts of the country many workers are not ready to go back to work amid safety concerns but are being told they will lose their jobs if they do not.  The virus has changed the business landscape and how work is to be conducted now, and in the future.  Worker safety must be at the forefront of employers currently and in the future as workers head back to work who got furloughed.

Did you or someone you know work at a hospital, clinic or other medical services provider that failed to properly protect the workforce?  Did you become seriously ill or worse, a loved one died due to the virus being passed on to them at the workplace?

The attorneys at Carabin Shaw understand the devastating physical, psychological, and financial toll this can have on a person and their loved ones. We possess the unique skills and experience to overcome the various challenges that this type of case can often present. Our attorneys have successfully represented countless Texas victims and their families. Our clients have recovered substantial amounts of compensation, which have included payments for medical bills, lost wages, ongoing treatment, and, in some cases, pain and suffering. These injuries can have lifelong consequences, and your rights and remedies should be addressed. Contact our office at 800-862-1260 to speak to a dedicated Texas injury attorney.

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https://www.texasinjurylawyersblog.com/files/2020/04/Screen-Shot-2020-04-29-at-3.22.13-PM.pngFORT BEND COUNTY, Texas (KTRK) — A 5-year-old Sugarland boy died after being found unresponsive in a pool at an apartment complex off of Old Richmond Road near West Bellfort.

The incident happened Tuesday April 28th when the child got out of the parents apartment undetected and climbed over the fence surrounding the pool area and into the water.  According to authorities, the boy was in the water for about 15 minutes before the parents found him.  His father retrieved him from the bottom of the pool and proceeded to give CPR which was unsuccessful.

There were cameras placed around the pool by the apartment complex and the footage show the boy climbing the fence and going into the water.

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100-us-dollar-banknotes-3531895-scaledThe good news was tweeted by the IRS on Saturday, April 11, 2020. About 80 million people will receive a direct deposit by Wednesday, today April 15th.

“#IRS deposited the first Economic Impact Payments into taxpayers’ bank accounts today. We know many people are anxious to get their payments; we’ll continue issuing them as fast as we can,” the IRS tweeted.

Americans are starting to receive their cash payments, part of the $2 trillion bill passed by Congress in an effort to stimulate the economy after the decline caused by the COVID-19 pandemic.

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https://www.texasinjurylawyersblog.com/files/2020/04/Screen-Shot-2020-04-12-at-12.56.57-PM.pngApril 12, 2020, Houston:  Two people were killed after an Amazon tractor-trailer smashed into several vehicles that were stopped on a Houston North freeway early Friday April 10th due to previous collisions, according to the Harris County Sheriff’s Office.

An SUV towing a trailer driven by Anthony Alvarado, 22, with his wife, their children, ages 1 and 3, got a flat tire. While trying to exit the highway, a Mazda 3 sedan hit the trailer and ended up sideways in traffic.  A third vehicle, a Silverado pickup truck driven by Tyler Vail, 29, came up to the crash and while trying to avoid the accident ended up colliding with a barrier on the freeway coming to a stop in the middle lane. 

During this time the driver of the Mazda and the SUV’s passenger got out of their vehicles.  It was also at this time that Abdullah Baidas, 23, who was driving a Chevrolet SUV, stopped to help and was out of his SUV and on the freeway.  Then an Amazon tractor-trailer driven Cody Munson, 56, coming up on the scene swerved to avoid but ended up striking all of the vehicles involved and pinning both the driver of the Mazda and the passenger of the SUV and killing them instantly.  Abdullah Baidas avoided being struck by the Amazon truck by jumping off of the overpass 10 to 15 feet where he suffered minor injuries authorities said.  The 2 young children only suffered minor injuries due to being safely strapped into their car seats.  The status of the Amazon driver, Mr. Munson; pickup driver, Mr. Vail; and SUV driver, Mr. Alvarado are unknown at this time.

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