Wrongful Death

Published on: August 31, 2020

ACCIDENT INJURY REPORT: Teen Dies After Electrocution in North Houston Hotel Pool

Saturday, August 29, 2020: HARRIS COUNTY, Texas — A teen has died after he was electrocuted in a hotel pool Saturday afternoon in north Houston. The incident happened at the North Villa Inn located on the 16500 block of the North Freeway and North Vista Drive.

Harris County Pct. 4 deputies say a 15-year-old juvenile was in the hotel’s pool when he was electrocuted. Officials said the teen’s father pulled him out of the pool and paramedics performed CPR. The teen was transported to a nearby hospital where he later died. Exposed wiring in the pool may have been the cause of the electrocution, the Harris County Sheriff’s office is investigating.

Swimming Pool Safety Tips

Continue reading →

Published on: August 31, 2020

A Fatal Accident Caused by Distracted Driving May Result in a Texas Wrongful Death Claim

By Carabin Shaw

pexels-acharaporn-kamornboonyarush-1028742-300x200 We’ve all been distracted while driving at some point while navigating our vehicles. Whether it’s exhaustion from a full day of work causing you to doze off or an urgent phone call out of nowhere from the office, we’ve all had a moment where we’ve zoned out while driving. However, not everyone is fortunate enough to emerge from these situations safe and sound. Often, accidents occur as a result of drifting off or distracted driving, and can have enormous, disastrous impacts. When such accidents occur and tragedy strikes, those who cause them can be held responsible for their actions.

In a recent news report, local authorities say that five people were killed, including three young children, in a major vehicle collision in West Texas. The Texas Department of Safety said that a young individual was driving an SUV when it drifted into a lane and collided with a pickup truck. The SUV driver and the pickup truck driver were both killed as a result of the crash, as well as the three children who were riding as passengers in the SUV. Officials say that the crash is still under investigation and that weather conditions were clear.

In Texas, filing a wrongful death claim can be complex. The state defines that such actions can be brought if someone’s “wrongful act, neglect, carelessness, unskillfulness, or default” results in another person’s death. Additionally, only certain parties may bring a wrongful death claim. For example, in Texas, the children, parents, and surviving spouse of the deceased may file such claims. Any number of qualifying parties can file a claim on their own, or they can choose to file all claims collectively. Adult children may also file wrongful death claims over the death of a parent in Texas. However, the law does not permit siblings to pursue wrongful death claims after the loss of a sister or brother.

Continue reading →

Published on: August 18, 2020

FDA Recall of Over 130 Hand Sanitizer Products May Allow for Texas Product Liability Claims

By Carabin Shaw

pexels-anna-shvets-3987150-200x300 Following the initial COVID-19 outbreak in the United States earlier this year, thousands of Americans flooded stores in search of hand sanitizer and other cleaning supplies. Many stores were completely wiped out from the start of the pandemic of such supplies and have taken several months to restock these products because of demand. In preparation for the uncertainty associated with the pandemic, many Texans purchased large quantities of these products. However, recent FDA recalls indicate that some of these sanitizing products may be causing members of our community to become ill. These recalls may be the basis for a Texas product liability claim.

According to a recent article, federal regulators from the Food and Drug Administration (FDA) have been urging consumers to avoid more than 130 hand sanitizers that were previously available through stores such as Walmart and other national major retailers. The agency has cited that many of these products lack the sufficient level of alcohol necessary to effectively kill germs or that the products contain dangerous and potentially deadly levels of wood alcohol.

With hand sanitizer demand skyrocketing during COVID-19, a new rush of brands manufacturing hand sanitizer has entered the market. However, while many of these products claim to contain ethanol (otherwise known as ethyl alcohol), FDA tests have shown that they actually contain methanol, or wood alcohol. Methanol can potentially be toxic when absorbed through the skin and could even cause blindness or death if consumed. Because many products have been mislabeled, consumers would be unable to tell which items actually contain methanol. The FDA has kept an updated list of recalled products on its website for easy reference.

Continue reading →

Published on: April 9, 2020

Who comes first? Employees or Customers?

By 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.

A large white elephant sits in the room waiting to be dealt with regarding this virus in high traffic areas. That being the safety of the employees and workers required to work in extremely vulnerable conditions. Many questions remain regarding what employers are actually doing to keep their workforce safe.

Continue reading →

Published on: January 30, 2020

The Statute of Limitations for Texas Personal Injury Lawsuits

By Carabin Shaw

activity-board-game-connection-desk-613508
Texas personal injury victims must understand and follow the state’s statute of limitations to ensure that their claims are addressed. The statute of limitations provides plaintiffs with a strict time period within which they can bring their lawsuits. This mechanism serves to protect defendants by encouraging plaintiffs to diligently and expeditiously pursue their claims. The statute of limitations also increases the overall reliability of evidence, by limiting the amount of time witnesses have to recount their experiences and preserving fragile physical evidence.

In most cases, the statute of limitations begins when the incident giving rise to the lawsuit occurs. A claim does not have to be heard by that time, but rather, plaintiffs must file their cases within that time. Generally, under Texas law, assault and battery, false imprisonment, legal malpractice, medical malpractice, personal injury, property damage, product liability, trespass, and wrongful death claims must be filed within two years of the incident. The plaintiffs must file contract and fraud claims within four years and slander and libel claims within one year. However, each of these statutes of limitations has exceptions and nuances that may apply on a case-by-case basis.

There are two crucial exceptions to the Texas personal injury statute of limitations; the discovery rule, and tolling. Plaintiffs may be able to assert the discovery rule when their injuries cannot be linked to a specific date. For example, when a person suffers injuries as a result of toxic chemical exposure at their workplace, they may not be able to pinpoint the exact time of exposure. In these situations, the signs and symptoms associated with the incident may occur slowly, making it impossible for a plaintiff to know that they were injured within the statute of limitations. In these cases, the statute of limitations may not begin to run until the plaintiff becomes aware of their condition, or reasonably should have become aware of it. The tolling exception allows plaintiffs to extend the time period under specific situations. Some common examples of tolling occur when a prospective plaintiff is incompetent or during the time that they were a minor.

Continue reading →

Published on: January 18, 2020

“TEXAS WE HAVE A PROBLEM!” Swimming Pool Deaths

By Carabin Shaw

by Attny Jesse E. Guerra, Jr.

According to a recent study, Texas had more pool drownings in 2019 than in recent years. Certainly, this is a tragic statistic given that Texas has vast resources and has initiated extensive outreach to promote swimming pool safety. As an aquatic litigation pioneer, I have seen a decline in new cases in the last few years.

To be quite honest, I am happy to see a decline in cases as a result of efforts made through public awareness, and at times, due to costly litigation taken against some pool owners/operators who refused to take action to make their pools safer unless juries or litigation made them change their minds.

Continue reading →

Published on: January 16, 2020

ACCIDENT INJURY REPORT-GALVESTON BOAT COLLISON

By Carabin Shaw

GALVESTON, Texas Jan. 14, 2020 — One person is dead and two others are missing after a boat crashed in Galveston on Tuesday around 3:35 p.m. approximately 1.5 miles offshore near East Beach. The Coast Guard said four people were in the water in need of help after the 81-foot fishing boat named Pappy’s Pride and a 600 ft. chemical tanker called the Bow Fortune collided near the Galveston Jetties.

Coast Guard resumed searching for missing crew members of the fishing boat Pappy’s Pride that capsized after the collision near the Galveston jetties. Two fishermen were pulled from the water with the help of Good Samaritans nearby and were transported to the hospital. One of the fishermen died despite CPR efforts, the Coast Guard said.

The search for the remaining two is ongoing. Dense fog was impacting recovery efforts and forced crews to halt search efforts Tuesday night. Recovery operations resumed Wednesday morning. We will update the story as it develops.

Continue reading →