Two recent Texas court decisions, including the October 18, 2013, decision in Hopper v. Argonaut Insurance Company, Inc., have established that there is no common law bad faith in Texas regarding workers’ compensation claims. First, last year, in Texas Mut. Ins. Co. v. Ruttiger, the Texas Supreme Court, finding that…
Texas Injury Lawyers Blog
Texas Workers’ Compensation Law Update
An August 2013 court decision by a federal appeals court brings attention to the impacts of Texas being one of two states in the country that allows companies to opt out of the state’s workers’ compensation system. In the case, Mary A, Ernewayn v. Home Depot U.S.A., Inc., Mary A.…
New Traffic Laws in Effect in Texas
As of September 1, 2013, several new traffic and driving laws went into effect in Texas. It is important for all Texans to become acquainted with the new laws, as individuals who break these laws may face fines, or even prison time. Fortunately, although the laws became effective September 1,…
Outbreak of Salmonella Infections Across the U.S., including Texas, Linked to Foster Farms Chicken
According to the U.S. Centers for Disease Control and Prevention (CDC), as of October 17, 2013, a total of 338 individuals from 20 states and Puerto Rico have been infected with seven outbreak strains of Salmonella Heidelberg linked to Foster Farm’s Chicken. Forty percent of those infected have been hospitalized,…
Immigration Status and its Effect on the Right to Sue for Personal Injury
According to a recent report by the Pew Research Center, in 2012, an estimated 11.7 million unauthorized immigrants lived in the United States illegally, up from 11.3 million in 2009. The report estimates that approximately 1.75 million of these unauthorized immigrants live in Texas, accounting for 15% of the unauthorized…
Sports and Recreational-Related Activities Contribute to Over 20% of all Traumatic Brain Injuries Amongst Children and Adolescents
According to the October 2013 issue of the Journal of the American Academy of Orthopedic Surgeons, falls and car accidents are responsible for most cases of minor traumatic brain injuries (“mTBI”). Notably, however, another leading cause of traumatic brain injuries (both minor and severe) is sports and recreational activities. In…
OxyElite Pro, a Dietary Supplement Manufactured in Dallas, Texas, Linked to Liver Failure, Death
A 48-year old mother of seven recently passed away after taking the dietary supplement, OxyElite Pro, for several weeks. In fact, over the past 6 months, OxyElite Pro has been linked to 24 reported cases of acute hepatitis and liver failure in Hawaii. As a result, on October 10, 2013,…
Pedestrian Fatality Rates for the State of Texas and Various Texas Cities Grim
On average, a pedestrian is killed every two hours and injured every eight minutes in traffic crashes. In fact, in 2011, pedestrian deaths accounted for 14% of all traffic fatalities and made up 3% of all people injured in traffic crashes in the United States. According to data from the…
Stadium Safety Issues Emerge Again after Another Season of Football Begins
On September 8, 2012, opening weekend of football for the NFL, a spectator fell to his death at San Francisco 49ers stadium while attending the game. The spectator fell to his death from a pedestrian walkway outside of the stadium. Multiple witnesses told police that the victim appeared to be…
Recent Recalls Affecting Infants and Young Children in Texas and Elsewhere
Every year thousands of infants sustain injuries or are wrongfully killed by dangerous and defective products. In addition, deaths, injuries and property damage from consumer product incidents in general cost the nation more than $900 billion annually. Unfortunately, many of these injuries are caused by the negligence or recklessness of…