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Articles Tagged with Personal 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/2020/07/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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https://www.texasinjurylawyersblog.com/files/2020/05/Screen-Shot-2020-05-08-at-12.08.11-PM.pngTuesday, May 5, 2020:  OLDHAM COUNTY, TexasTwo people are dead and another suffered serious injuries after a wreck on Tuesday between a car and semi-trailer on Interstate 40, about 15 miles west of Adrian in Oldham County.

According to the Texas Department of Public Safety, at about 11:55 a.m., a 2005 truck-tractor with a semi-trailer, driven by 30-year-old Ali Mohamed, of Columbus, Ohio, was traveling west on I-40 followed by  Cadillac passenger car, driven by 26-year-old DCarlos Benton, of Rochester, Illinois.

The Cadillac failed to control its speed and struck the semi-trailer. Benton and passengers, 22-year-old Hayden Stout, of Springfield, Illinois, and 21-year-old Tavin Benton, of Fullerton, California, were all ejected from the Cadillac.  After the crash, the Cadillac caught fire and burned. Oldham County Justice of the Peace Kristy Homfeld pronounced both Stout and Tavin Benton dead at the scene. 

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https://www.texasinjurylawyersblog.com/files/2020/05/Screen-Shot-2020-05-06-at-9.40.32-AM.pngThe National Highway Traffic Safety Administration (NHTSA) reports that there were 5,000 truck accident fatalities in the United States in the last reporting year and Texas had the highest number of trucks involved in a fatal crash. Further, there has been a 12 percent increase in the total number of individuals killed in trucking accidents over the last ten years. These startling facts about Texas trucking accidents make it clear that motorists should take every precaution to drive safely when traveling, especially on the state’s many highways. However, even when motorists and pedestrians take steps to protect themselves, accidents can still happen. In these cases, Texas truck accident victims should seek legal representation to ensure that they understand their rights and remedies.

One of the most common causes of Texas trucking accidents is brake failure. The NHTSA reports that almost thirty percent of trucking accidents occurred due to an issue with the truck’s brakes. When a large truck experiences a brake failure, the driver often loses control of their vehicle and may slam into other motorists, pedestrians, or buildings. In response to the prevalence and aftermath of large truck accidents, Texas has many measures in place to ensure that drivers take steps to limit the chance of brake failure.

Texas truck drivers should make sure that they inspect their vehicles before embarking on journeys. The inspection includes making sure the vehicle’s brakes are working and that all of the cargo is secured. Additionally, employers should make sure that their drivers have adequate training to inspect, maintain, and drive their vehicles. Further, drivers should have the skills to control their vehicle and mitigate damages if they experience brake failure. In many cases, there may be several parties responsible for a truck’s brake failure. Injury victims should understand the elements of a Texas trucking accident lawsuit so that they can recover damages for these serious accidents.

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https://www.texasinjurylawyersblog.com/files/2020/04/Screen-Shot-2020-04-15-at-12.08.45-PM.pngSaturday, April 11, 2020:  ABILENE, Texas – A Breckenridge man died in a one-vehicle crash early Saturday morning. The accident happened in northwest Taylor County near Trent. “The vehicle went off the west part of the road, struck a bridge, and fell off landing on a concrete barrier below the bridge in the median of IH-20.

A passenger, Raymond Santos Baladez, male, 30 was pronounced dead at the scene. According to the Texas Department of Public Safety, Mr. Santos was not wearing a seatbelt at the time of the accident.

The driver of the vehicle, a Ford F150, a 30 year old male also from Breckenridge sustained serious injuries and a 33 year old female passenger from Anson, Texas received what are described as stable injuries. Both of these persons along with the deceased Mr. Baladez were not wearing seat belts.   A minor 14 year old female passenger also of Anson was the only person wearing a seatbelt sustained injuries also. All were taken to Hendrick Medical Center for treatment. Preliminary crash report shows the vehicle was traveling North on BI-20 where it went around a curve where the road intersects with a bridge over IH-20. “The vehicle went off the West part of the road, struck a bridge, and fell off landing on a concrete barrier below the bridge in the median of IH-20.”

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https://www.texasinjurylawyersblog.com/files/2020/04/Screen-Shot-2020-04-03-at-1.39.44-PM.pngWednesday, April 1, 2020: AMARILLO, TX-  Two women are dead, and a child is in the hospital after a Wednesday night wreck near the Ross Rogers Golf Course in Amarillo.  Police were called to a two-vehicle accident near NW 24th Avenue and N. Jefferson Street on April 1 around 9:50 p.m.  Police said alcohol is a factor in the crash.

According to a Police, a car driven by 32-year-old Margaret Finch was driving east on 24th Avenue.  An SUV driven by 36-year-old Ykevia Johnson was driving west on 24th and turning onto Jefferson. 

Police said Johnson did not yield the right of way to Finch and was hit by her car.  According to Amarillo police, Finch died at the hospital and 44-year-old Leskisha Nicole Washington, a passenger in Finch’s car died at the hospital later from injuries sustained in the accident. A 1-year-old child, also a passenger in Finch’s car was  taken to the hospital with life-threatening injuries. 

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https://www.texasinjurylawyersblog.com/files/2020/03/Screen-Shot-2020-03-30-at-11.37.44-AM.pngMarch 26, 2020: EL PASO, Texas – EL Paso Police said one man was killed in a serious truck crash Thursday morning on the Border Highway.

Federico Flores Jr., 44, was an employee of the City of El Paso Streets and Maintenance Department. He died when his 2007 Ford Ranger crashed into a median along the border at about 6:10 a.m. on Loop 375 East, near U.S. 54. 

According to an El Paso Police Department news release, Flores was going south on U.S. 54 and was merging on Loop 375 when he “veered across the lanes and stuck the center median.”  The early morning crash forced all traffic to exit Loop 375.

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adult-alcohol-bar-bartender-274192-scaledUnder Texas premises liability law, restaurants and bars have a duty to protect their customers. However, the extent of this duty is often called into question in cases where someone is injured while visiting an eating or drinking establishment. In a recent opinion, the court was asked to determine whether the defendant bar owed the plaintiff a duty of care to protect him against the criminal acts of a third party.

According to the court’s opinion, the plaintiff and a friend were drinking at the defendant bar. While they were at the bar, there were no issues. However, at 3 a.m., when the bar closed, the plaintiff was attacked by another bar patron. The fight left the plaintiff permanently blinded.

The plaintiff filed a personal injury lawsuit against the bar, arguing that the bar was negligent for failing to take any steps to protect him against the criminal acts of the other bar patron. In support of his claim, the plaintiff pointed to the fact that the police had been called five times the previous year for fights occurring in the bar’s parking lot immediately after closing.

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https://www.texasinjurylawyersblog.com/files/2020/03/Screen-Shot-2020-03-16-at-11.44.11-AM.pngWednesday, March 11, 2020: ABILENE, TX – A fatal crash in Abilene left one person dead and three seriously injured. According to DPS, the crash occurred after a construction truck disregarded a stop sign and t-boned a small Ford on the passenger side that was traveling west on FM 3034. According to KTXS, DPS troopers responded to a crash on US 83 and FM 3034 near the Abilene Landfill in Jones County on Wednesday afternoon just before 5:30 p.m.

Troopers found 18-year-old Diego Hernandez dead at the scene. The three passengers in the back seat had to be extradited using the jaws of life. 

One of the passengers was a one-year-old infant who was seriously injured. The infant was flown to Cook Children’s Hospital in Fort Worth. An off-duty trooper who arrived first to the scene administered CPR to the baby. Investigators stated the infant was not properly restrained. Abilene Police and Firefighters were also at the scene.

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https://www.texasinjurylawyersblog.com/files/2020/03/Screen-Shot-2020-03-02-at-8.15.23-PM.png(March 2, 2020: POLK COUNTY, TX) – A fatal two-vehicle collision in Polk County involving a semi tractor-trailer and a passenger car happened Friday morning February 28th on US 59 near the intersection of FM 942 near the town of Leggett.

According to preliminary reports, a Mercedes Benz E-350 driven by Brenda Kirkling (60) of Houston  entered US 59 from a parking lot on the west side of the highway and was hit by a Kenworth truck tractor semitrailer. The semi then crossed over into the northbound lanes and lost the load of lumber it was carrying upon the highway.

The driver of the semi, 44-year-old Jody Jenkins from Brookeland, was not injured during the crash. The driver, Kirkling and the passenger, Lida Autry (58) of Missouri City died at the scene. This accident remains under investigation with the Texas Highway Patrol.

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