Personal Injury

Published on: June 4, 2021

Texas Contractor’s Duty of Care to Independent Contractor

collection-of-construction-safety-helmet-38070-300x197 The Supreme Court of Texas recently issued a decision following a petition from review from the Court of Appeals for the Fifth District. The court was tasked with determining whether a general contractor on a construction project owed a duty of care to a subcontractor’s employee who suffered injuries on the job. The general contractor hired a subcontractor to erect a concrete tower. The victim, an employee of the subcontractor, suffered injuries when the tower detached and fell on his legs. The victim filed a lawsuit against the general contractor alleging negligence and gross negligence. He argued that the defendant had contractual and actual control over the subcontractor’s work and thus owed the victim a duty of care. The trial court found in the defendant’s favor, and the court of appeals reversed.

On petition to the Supreme Court of Texas, the defendant argued that it did not owe the victim a duty of care. Generally, under Texas law, an entity that employs an independent contractor does not maintain a duty to ensure that the subcontractor performs its work safely. However, an exception applies when the contractor maintains some level of control over the way the contractor performs the work that caused the damage. The element of control must relate to the activity or condition that caused the injury. Further, the control must extend to the “means, methods, or details” of the independent subcontractor’s work.

In this case, the defendant argued that it did not have actual control over the subcontractor. It cited testimony where the subcontractor’s superintendent stated that the contractor did not instruct any of the subcontractor’s employees and no one from the contracting company told him how to install the tower or its braces. In response, the plaintiff argued that the contracting company asserted actual control by having someone on-site every day to inspect for safety. Additionally, someone from the company was there to inspect on the day of the accident, and the company was aware that the towers were not appropriately braced for wind. However, the court found no evidence that the contracting company exercised control over the subcontractor’s work. Further, the court reasoned that the courts have not recognized the presence of a safety employee as enough to give rise to actual control.

Continue reading →

Published on: May 24, 2021

Family Files Lawsuit After Texas Truck Accident Outside of SpaceX Launch Site

By Carabin Shaw

A family initiated a Texas wrongful death lawsuit against SpaceX following a car accident outside its launch site. According to a recent news report, the tragic accident occurred when the family left a campsite early after officials called for an evacuation because of rising tides. While driving home, the family was involved in a harrowing accident with a large semi-truck that was stopped in front of SpaceX. The accident took the life of the 35-year-old husband and father and resulted in serious injuries to the man’s wife and three young children. An autopsy report states that the man died from “blunt force” trauma due to the motor vehicle collision.

The family filed a wrongful death lawsuit alleging that SpaceX was grossly negligent because they failed to provide adequate lighting and warnings around their facility. Further, their claim contends that the spacecraft and rocket manufacturer did not maintain procedures to direct stopped or obstructive delivery vehicles to avoid these types of accidents. Moreover, the family maintains that the company, and not the local government, maintains responsibility for addressing the increased traffic that their company begets. The family argues that the company prioritized quick completion of their facility rather than the safety of those traveling on the dark and narrow roadway. In response, the company purports that the family, not the company, maintains responsibility for the collision. The company’s attorney stated that the man failed to use necessary “care and caution,” as is expected of a reasonably ordinary person when navigating the highway.

This case presents many issues regarding who maintains responsibility for maintaining Texas roads. There are many reasons that Texas roadways fall into disrepair and become dangerous hazards to motorists. While city planning and infrastructure development may address the party responsible for designing a dangerous roadway, it still leaves the question of who is responsible for road maintenance. In these situations, many parties may hold responsibility for repairing and modifying roadways to meet current demands. A federal, state or local government may all hold some responsibility for a road’s upkeep. However, the question only gets more complex when a large business drastically impacts a roadway. In these cases, fault and liability may become more convoluted. It is crucial that those who suffer injuries on a Texas roadway contact an attorney to discuss their rights and remedies.

Continue reading →

Published on: May 13, 2021

Supreme Court of Texas Upholds $15M Verdict in Product Liability Claim

By Carabin Shaw

activity-board-game-connection-desk-613508-300x200 The Supreme Court of Texas issued a decision in Emerson v. Johnson, upholding a multi-million dollar verdict in a Texas product liability lawsuit. The record indicates that the plaintiff, a highly experienced HVAC repairman, suffered severe burns to over 60% of his body while installing an HVAC unit. After an outdated and malfunctioning compressor in the unit exploded, the unit released scalding hot liquid all over the man. Despite the man’s HVAC experience, there was no way he could have known that the new compressor incorporated outdated technology inside the unit.

The man filed a product liability lawsuit against both the product’s manufacturer and an affiliate who designed and made the unit. He argued that the defendants defectively designed and manufactured the terminal and compressor. After a trial, a jury found that the older terminal design was unreasonably dangerous. The defendant asked the court to overturn the verdict based on legal sufficiency grounds or for a retrial because of a jury charge error.

On appeal to the Supreme Court, the defendants’ case largely rested on their contention that the plaintiff failed to present evidence that the terminal was unreasonably dangerous. A defective design inquiry requires the jury to find that the product is unreasonably dangerous as designed. The jury must consider the utility of the product and the risk of its use.

Continue reading →

Published on: April 27, 2021

Comparative Negligence in Texas Car Accidents Involving Autonomous Vehicles

By Carabin Shaw

Self-driving, or autonomous cars, are revolutionizing the way the public looks at travel and car ownership. These vehicles turn active drivers into passive passengers, allowing motorists to rely on the car’s advanced computerized system to navigate the roads and avoid collisions. However, these cars may result in a serious Texas car accident, as the new technology is still being refined.

Autonomous vehicles rely on complex computer systems, sensors, actuators, and various algorithms to operate on the roads without an active driver. In theory, these cars provide a glimpse into a more environmentally friendly and safer future for road users. However, as it is, these features often present more dangers than benefits.

For example, recently, a national news report described a fatal Tesla crash involving a driverless vehicle. According to reports, the vehicle did not have a driver and was operating on high or full automation mode. As such, one of the occupants was in the front passenger seat, and the other occupants were in the back seat. The car was speeding along a dangerous curve when it slammed into a tree. Emergency responders used over 30,000 gallons of water to put out the massive fire that the collision sparked. Tesla did not respond to this incident but previously stated that their vehicles are intended to be used with an attentive driver who has their hands on the steering wheel. However, safety officials argue that the company does not do enough to deter drivers from depending too much on the vehicle’s features.

Continue reading →

Published on: April 13, 2021

Texas Property Owners’ Liability for Employee Contractor Injuries

By Carabin Shaw

collection-of-construction-safety-helmet-38070-300x197 The Supreme Court of Texas recently issued an opinion in a case involving a property owner’s liability for injuries an employee contractor sustained while working on the property. The case arose when the two construction workers suffered injuries while working on a condominium project owned by the defendant. The defendant hired an individual instead of a general contractor to manage the project. A high-voltage power line hung behind the property, and the defendants told the project manager about the line because it was “too close” to the building. The project manager advised the plaintiffs to begin the project even though the power line was still intact. While working on the project, electricity shot down the rebar, and the power line snapped, causing the workers to suffer burns and other serious injuries.

The workers filed a negligence lawsuit against the power company and the defendants. The trial court entered a judgment per a jury finding that the property owner was liable under ordinary-negligence and premises-liability theories.

The defendant appealed, arguing that the employee’s evidence was not legally sufficient under Chapter 95. In response, the plaintiffs argued that the Chapter does not apply, the defendant waived some arguments, and the evidence was legally sufficient. Amongst several issues, the defendant argued that they could not be held liable because the danger was open and obvious. Under Texas law, a danger is open and obvious when the invitee possesses “knowledge and full appreciation” of the hazard’s extent and nature. Typically, when the danger is open and obvious, the property owner does not maintain a duty to warn of the danger or make the premises safe. Inquiries regarding whether a danger is open and obvious are not subjective but rather what a reasonably prudent person would have known. Courts will look to the totality of the “particular circumstances.”

Continue reading →

Published on: April 6, 2021

Steps to Take After a Texas Car Accident

By Carabin Shaw

car-crash-cartoon-pictures-19-300x210 Texas car accidents range in severity, and individuals may exhibit significant differences in their responses to these potentially traumatic events. The magnitude of an accident may not become evident until some time after the incident; thus, Texas accident victims must take steps to address their injuries and preserve their recovery rights. Although it is unreasonable to expect motorists to fully prepare for another driver’s negligence, there are specific preparations motorists can take in the event of these unanticipated situations.

Motorists should ensure that their cars are in proper working order and keep their insurance and registration information easily accessible in their vehicles. Although many people do not find the need for pens and paper as they once did, it is advisable to keep these supplies handy to jot down and exchange information quickly.

After an accident, adrenaline and emotions are often running high, and the full extent of damages and injuries may not be readily apparent. Those involved in a Texas accident should err on the side of receiving medical treatment after an accident. While immediate transportation to a hospital may not be necessary, accident victims should consult with their primary physician or urgent care after an accident. Drivers should also check on their passengers and other people involved in the incident.

Continue reading →

Published on: April 1, 2021

Are Peloton Treadmills Safe for Texas Consumers?

By Carabin Shaw

During the course of the COVID-19 global pandemic, tens of millions of people across the country experienced moving their work lives, but also their active lives, into their homes and away from typical common spaces such as gyms or exercise studios. As people began both working and attempting to stay active during quarantine and to practice social distancing, demand for at-home exercise options and equipment has been on the rise. But even at home, could these equipment options pose risks to you and your family? Those injured due to a dangerous piece of exercise equipment may be able to pursue a Texas product liability claim against the manufacturer.

According to a recent news article, an accident involving a Peloton treadmill has left a child dead. Although Peloton’s exercise equipment is wildly popular, their products are no exception when it comes to accidents involving children. The CEO of the company recently acknowledged the issue and claimed that the accidents have been confined to only a “small handful of incidents.” To prevent further accidents from taking place, the company is urging Peloton users to adhere to safety warnings, such as keeping exercise equipment in a separate area away from children and storing safety keys away when the equipment is not being used.

Based on a 2020 study from The American Journal of Emergency Medicine, most at-home treadmill injuries take place involving children under 16. In light of the COVID-19 global pandemic, there has been an increase in the number of people purchasing exercise equipment for their homes, but also with children home from school with remote learning. As a result, the risk of an injury involving children and exercise equipment may be amplified because of current conditions involving the pandemic. Common injuries involving treadmills, the study found, usually involve damage to the fingers and hands, such as friction burns.

Continue reading →

Published on: March 23, 2021

Ensuring That Court Procedures Are Followed Could Make or Break Your Texas Personal Injury Lawsuit

By Carabin Shaw

activity-board-game-connection-desk-613508-300x200 Texas has specific procedural requirements that parties must adhere to when they proceed with a lawsuit. If these procedures are not followed and prescribed deadlines are ignored, it could result in your case being dismissed or leave you unable to get the compensation you deserve. Thus, hiring an experienced attorney is crucial when you decide to proceed with a lawsuit—especially someone who understands the ins and outs of Texas laws and procedures.

In a recent Supreme Court of Texas case, a plaintiff challenged a court order allowing the defendant in the dispute to designate an unknown person as a responsible third party. The plaintiff initially sued the defendant for negligently causing a chain-reaction car accident that occurred when a truck driver employed by the defendant rear-ended the truck behind the plaintiff. The defendant initially filed an answer asserting a general denial of responsibility and that the plaintiff was comparatively responsible for causing the accident. Then, 135 days later, the defendant filed a motion to designate an unknown person, referred to as “John Doe” as a responsible third party, arguing that John Doe negligently caused the accident. Although the plaintiff objected to the defendant’s filing, the trial court allowed the defendant to designate John Doe as an unknown responsible party in an amended answer.

More than two years later, the defendant filed its amended original answer, which still did not include allegations of John Doe’s responsibility. The plaintiff objected, stating that the defendant failed to meet the procedural requirements necessary to designate responsibility to John Doe since it was not in the amended complaint the defendant filed. In response, the defendant filed a second amended answer, this time including allegations stating that John Doe caused the accident. The trial court then denied the plaintiff’s summary judgment motion, and the plaintiff filed for relief with the Supreme Court of Texas.

Continue reading →

Published on: March 14, 2021

Texas Mother Dead After Wheel Flies Off Truck

By Carabin Shaw

pexels-antonio-batinić-5364345-300x200 Every time we get behind the wheel in Texas, we must accept a certain level of risk as drivers. Even if we are careful, proactive, and courteous on the road, there is no guarantee that external factors will not cause a car accident. Other drivers, poor weather conditions, or unexpected obstacles on the road can all play a role in the chances of being involved in an accident. Unfortunately, for many of these accidents, there is nothing you can do to prepare outside of staying vigilant and ensuring your vehicle is properly maintained.

According to a local news report, a mother was killed after a tragic and sudden accident. The mother and her 17-year-old son were on their way home from a baseball game and were traveling southbound behind a white pickup truck when the tire and wheel from a pickup truck flew off. The tire and wheel went over the highway’s concrete barrier and smashed into the mother’s windshield, killing her instantly. At the time of the accident, the woman’s son was asleep in the front passenger seat. He was transported to the hospital with serious injuries. After the tire and wheel crashed through the mother’s windshield, she lost control and rear-ended a GMC ahead of her, which had four passengers. All four were transported to a local hospital, reportedly in serious, but stable, condition. The accident remains under investigation by local authorities, and the cause of the tire and wheel falling off is not yet clear.

According to officials, although this accident may seem like a freak accident, these types of collisions are more common than you may expect. Based on 2017 data from the National Highway Traffic Safety Administration, 738 people died in tire-related crashes similar to the accident that took the mother’s life. In addition, more than 19,000 people are hurt every year from these accidents, according to the National Transportation Safety Board. Many of these accidents, however, can be preventable or the impact lessened with some easy steps.

Continue reading →

Published on: March 10, 2021

PANDEMIC INCREASES ABUSE AND NEGLECT OF CHILDREN

By Carabin Shaw

pexels-maria-georgieva-3068579-300x201 The COVID-19 pandemic, which has resulted in economic challenges and substantial job loss, is raising concern for a greater spike in child abuse. Nothing is worse than receiving a call that your child has been injured or abused. It is worse when this call comes from their trusted child’s daycare facility.

If your child reveals something that makes you suspect they’ve been abused either physically or sexually, don’t overreact. Tell them you’re glad they told you about it. The National Center for Missing and Exploited Children (NCMEC) recommends consulting an expert such as a doctor, social worker, or law enforcement officer.

Don’t take your child back to the day care facility until you’re convinced it’s safe. If you believe your child has been harmed, seek medical attention. Take your children seriously if they tell you about something at daycare that makes them uncomfortable. With kids who are not talking yet, you’ll have to watch for other cues.

Continue reading →