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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?

Published on: 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.

Published on: 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.

Published on: 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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red-and-white-medication-pills-3683041-scaledApril 11, 2020 Earlier this month, the U.S. Food and Drug Administration (FDA) announced that manufacturers should withdraw all prescription and over-the-counter (OTC) drugs containing ranitidine. According to a recent news report, the announcement comes after a lengthy investigation of a contaminate commonly found in ranitidine medications, such as Zantac. Individuals who have suffered serious injuries, illnesses, or death after using this product may have a claim under Texas product liability laws.

The impurity is considered a likely human carcinogen, and although small amounts are commonly ingested through diet, higher levels of exposure could increase an individual’s cancer risk. At the outset of the FDA’s investigations, the agency did not have enough information to determine whether the product was safe or if consumers should continue to use the products. However, new FDA testing revealed that the impurity in these products increases over time or at higher temperatures, and may result in unacceptable consumer exposure. The FDA stated that many of their samples did not contain unacceptable levels; however, the product requires further testing to ensure consumer safety. The ongoing COVID-19 pandemic requires that consumers and patients dispose of their medication by following the specific disposal instructions found on the medication’s packaging, instead of returning their medicines at a drop-off location.

Despite extensive federal regulations, many unsafe drugs make it onto the market, and the consequences can be devastating. There are three main types of Texas pharmaceutical and prescription drug product liability lawsuits. The lawsuits typically stem from design errors, manufacturing defects, or improper marketing. Design error lawsuits generally arise when a product is unreasonably dangerous, despite proper use. These lawsuits do not frequently occur because many of these drugs do not make it onto the market. Manufacturing defect claims arise when the drug’s design is appropriate, but some manufacturing or handling error happens that renders the product unsafe. Finally, improperly marketed drug lawsuits arise when a company has inadequate or improper warning labels, that fail to warn consumers of potential side effects. However, in some cases, Texas’s learned intermediary doctrine works to shift the burden of liability from the company to the patient’s prescribing doctor.

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Jesse Guerra, Attorney, Carabin Shaw

April 10, 2020  There is no mercy for the elderly in nursing homes nationwide. The pandemic has no boundaries or limits regarding who it preys on and where. The elderly are highly susceptible to contracting the Coronavirus, better known as CV-19 worldwide.  Recent events in Texas and other places have exposed dangers to the aged population who are residents at assisted living facilities.  

As would be expected, many elderly residents already rely on oxygen systems to support their lifestyles and sustain their quality of life on a daily basis. The recovery of an elderly person versus a younger healthier individual is less likely given their age and declining health conditions.  

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aluminum-black-and-white-business-cart-264529-scaledJesse Guerra, Attorney, Carabin Shaw

 While people are rushing to essential retail outlets to buy food and supplies for their families, workers in these high volume retailers seem to be at a higher risk of developing Covid 19 symptoms while working to meet consumer needs. Workers in essential retail giants, supermarkets, and consumer product delivery businesses are expected to work long hours to keep shelves stocked, deliveries fulfilled and businesses operational. 

The demands for basic items are far outstripping the supply chain nationwide. A valid question is surfacing as to what efforts companies and corporations are making to keep the workplace safe. Employers have a legal duty to provide a reasonably safe working environment for all employees. Although much has been done to ensure that the spread of the virus in these environments is limited to keep customers safe, employees still remain vulnerable and face greater exposure. 

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