Personal Injury

Published on: September 28, 2020

Amazon Products Sold in Texas Being Flagged as Fire Hazards

Because of social distancing requirements in the wake of COVID-19, people in Texas are taking advantage of shopping from the comfort and safety of their own homes. In addition, the ease and availability of all kinds of products through online retailers has made it possible to purchase everything from your family’s weekly grocery haul to the newest gadget. But when that package arrives on your doorstep, is the item you have received safe? Outside of the convenience factor of the shopping experience, can we trust online retailers and their products? If you are a Texan who has purchased a faulty product from an online retailer that has become a hazard or dangerous, you may be eligible to receive compensation through a product liability claim.

According to a recent article, an investigation has revealed that dozens of AmazonBasics electronics and other products have remained for sale despite consumers reporting that they were potential fire hazards. AmazonBasics is one of the massive retailer’s most popular lines, with a variety of budget-friendly products that range from kitchen and home basics to electronic accessories. The investigation yielded nearly 1,500 reviews on the Amazon website involving more than 70 products described as potentially dangerous. Despite reviews on these items using terms like “hazard” or “fire” or demanding the product to be recalled entirely, many of these items still remain for sale on the retailer’s website.

Following these reports, three lawmakers are demanding the recall of any hazardous products bearing the Amazon brand. Although the retailer did not respond directly to the investigation, electrical engineers told investigators that other factors may be at play when using these products, such as faulty wiring within a home or user error. According to the engineers, electronics sold under the AmazonBasics name should not typically pose a danger to the public when properly made and used according to instructions. Critics disagree.

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Published on: September 21, 2020

Recovering After a Texas Motorcycle Hit-And-Run Accident

By Carabin Shaw

pexels-alexas-fotos-2156246-300x196 Many people prefer motorcycles to cars because of the freedom associated with whizzing down the road. In addition to making your daily commute potentially easier and more fun, motorcycles can also offer an increased sense of mobility. However, a certain degree of risk comes with operating a motorcycle – without the steel exterior of a car to protect you on the road, you may be more at risk in the event of a serious accident. When an accident happens unexpectedly, especially if you are riding a motorcycle, the consequences may be drastic.

In a recent news article, local Texas authorities reported that two motorcycle riders were killed in an early morning hit-and-run accident. One of the motorcyclists was a local high school student. Police are still currently investigating the details of the collision and have identified an individual who is suspected to have been involved in the crash.

In Texas, accidents involving motorcycle hit-and-runs can often be complex. Following a hit-and-run accident, it is important to obtain the necessary medical attention. Next, documenting the scene is a crucial step in identifying the person who caused the accident and fled the scene. Taking photographs, writing down everything that you can remember from the accident, and searching for potential witnesses or traffic camera footage could strengthen your claim. If the at-fault party is identified, potential plaintiffs should file their claim as soon as possible because of the two-year statute of limitations in Texas motorcycle accident cases.

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Published on: September 15, 2020

Accident Victims Should Anticipate Defenses in a Texas Weather-Related Accident Claim

By Carabin Shaw

pexels-blue-ox-studio-1686961-300x225 Everyone has heard a friend or loved one jokingly claim that everyone forgets how to drive when it rains. However, inclement weather or slippery and wet conditions can be a major danger to motorists, especially if there are many cars on the road. Every driver knows that when weather conditions are poor, driving with extra caution is crucial to ensuring your safety and the safety of others. Unfortunately, even with the utmost of caution, sometimes accidents inevitably happen.

In a recent news report, a tragic weather-related car accident left two Texans dead and one injured. The young driver and her passenger were both killed when their vehicle was hit head-on by a pick-up truck. According to officials on the scene, the pick-up truck was driving when it began to hydroplane and was sideswiped by another large vehicle, causing the pick-up truck to hit the deceased’s vehicle head-on. The driver of the pickup truck was taken to a local hospital on an ambulance because an air ambulance and helicopter was unable to fly due to the inclement weather. Officials on the scene reported that the accident was both a result of the weather and because of the hydroplaning of the responsible party’s pick-up truck.

In Texas, the weather is notoriously unpredictable. If you are involved in a vehicle collision, there are certain legal defenses that you should be aware of before initiating a claim. Some potential main defenses include:

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Published on: September 8, 2020

Tragic Texas Car Accident Leaves Local Sheriff’s Deputy and Fiancé Dead

By Carabin Shaw

pexels-mike-192364-300x225 For many, a car serves as the primary method of transportation on a daily basis. However, no matter how careful someone is while on the road or how skilled they are at driving, other motorists who do not follow the traffic laws pose a significant threat. When others are careless and cause accidents or even fatalities to occur on the road, those who are responsible can be held accountable for their actions through a Texas personal injury lawsuit.

In a recent news report, a young Sheriff’s Deputy and his fiancé were killed in a tragic car accident. Officials say that a tanker truck may have run a stop sign and crashed into the deputy’s vehicle, which killed his fiancé on impact. He passed away shortly after and his brother, who was also a passenger, was airlifted in critical condition to a local hospital with spinal, facial, and arm injuries.

In Texas, cases like these can often pave the way for potential wrongful death claims. To file a wrongful death claim, one must first ensure that the circumstances surrounding their potential case fall within Texas’s definition of wrongful death. Claims can be filed by specific parties if the death is caused by a wrongful act involving carelessness, unskillfulness, or neglect. Thus, potential plaintiffs could have a claim if their loved ones die because of the negligence of others, such as during a major car accident, or a vehicle collision involving distracted driving.

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Published on: August 13, 2020

Is Evidence of an Accident Victim’s Failure to Wear a Helmet During a Texas Motorcycle Accident Admissible?

By Carabin Shaw

pexels-alexas-fotos-2156246-300x196 When a plaintiff brings a Texas personal injury case following a motorcycle accident, various types of evidence are often discussed during the case. Plaintiffs will face all kinds of questions designed to reduce a defendant’s liability. Was either of the parties under the influence of any kind of substance? Did the weather cause slippery or dangerous conditions? Was the victim taking all the necessary safety precautions and wearing a helmet?

In a landmark Texas Supreme Court opinion, the court overturned 40 years of precedent and reversed rules that previously precluded evidence involving a plaintiff’s failure to wear a seat belt. Previously, the court had held that such evidence was inadmissible because it would reduce a claimant’s ability to recover for the injuries they sustained in an accident based on actions that did not contribute to the accident. However, in a change of heart, the court decided that evidence of use or non-use of seat belts would now be admissible for the purpose of apportioning liability in such claims.

Upon further analysis, the Texas Supreme Court’s opinion does not simply or only extend to seat belts. It held that relevant evidence of use or non-use of seat belts, and relevant evidence of the claimant’s pre-occurrence, injury-causing conduct is admissible. Because of the broad nature of pre-occurrence, injury-causing conduct, attorneys may now have the opportunity to submit evidence that motorcycle accident victims suing for damages in civil lawsuits were not taking full safety precautions by choosing not to wear a helmet.

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Published on: August 8, 2020

Recovering from a Texas Public Transit Bus Accident

By Carabin Shaw

For some people, a daily commute is an escape before the demands of the day. For others, it can be stressful. For those who rely on public transportation to get around on a daily basis, there is a reasonable expectation of safety while they are on board a bus or train. Indeed, no one expects to be injured while on public transit. However, when these injuries occur, those responsible may be held accountable for their actions through a Texas personal injury lawsuit.

For example, in a recent Texas Supreme Court opinion, a plaintiff was injured while riding a bus supplied through a public transit authority. The plaintiff boarded a bus and grabbed onto a hanging strap. The bus was operated and driven by a new employee who was still in training, with his supervisor standing behind him. As the driver pulled away from the stop, another passenger shouted, “Back door!” to notify the driver that a passenger was still trying to exit from the vehicle’s rear door. Although the bus was only traveling less than five miles per hour, the driver made an abrupt stop, causing the plaintiff to fall forward into the partition behind the driver’s seat. The plaintiff suffered injuries to his neck and shoulder. After several months of treatment, the plaintiff underwent surgery to repair a herniated disc in his neck.

The plaintiff sued the transit authority, claiming it was negligent and responsible for his injuries. Because the defendant was a common carrier, the plaintiff argued, they owed him a duty to exercise “a high degree of care.” In Texas, common carriers are people or entities that are in the business of carrying passengers or goods and are hire-able by the public. To qualify as a common carrier, the entity must provide transportation services to the general public, as opposed to services for particular individuals or specific groups.

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Published on: August 3, 2020

ACCIDENT INJURY REPORT: Woman Charged with Intoxication Assault After Family of 3 Struck by Car in Beaumont Neighborhood in Pedestrian Hit and Run

By Carabin Shaw

July 29, 2020: BEAUMONT, Texas — A 21-year-old Beaumont woman has been charged after police say the car she was driving struck two adults and a child in a west end Beaumont neighborhood Wednesday evening.

Kenlie Davis, 21, of Beaumont, was arrested near the scene and later charged with three counts each of intoxication assault and failure to stop and render aid according to a Thursday news release from the Beaumont Police Department.

When officers arrived on the scene on Oak Trace Drive, they found the three victims in the street suffering from multiple injuries and the vehicle unoccupied in the grass nearby according to the release.

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Published on: June 22, 2020

KNOW THE SIGNS OF DROWNING

By Carabin Shaw

KNOW THE SIGNS OF DROWNING

If you spend time on or near the water then you should make sure you and your family know what to look for when people enter the water. Drowning is almost always a deceptively quiet event.

Despite what you see in the movies, there is very little splashing, no waving and no yelling or calls for help of any kind. It is the No. 2 cause of accidental death in children ages 15 and under (just behind vehicle accidents). What’s more, of the approximately 750 children who will drown next year, about 375 of them will do so within 25 yards of a parent or other adult. In some of those drownings, the adult will actually watch them do it, having no idea it was happening. Drowning doesn’t look like drowning.

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Published on: March 20, 2020

Texas Restaurants and Bars Have a Duty to Protect Patrons

By Carabin Shaw

adult-alcohol-bar-bartender-274192-scaled Under 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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Published on: March 17, 2020

The Potential Difficulties When Suing Texas Shooting Ranges

By Carabin Shaw

gray-and-black-semi-automatic-pistol-3602946-scaled Shooting ranges are popular in Texas, but anytime someone handles a gun there is a risk for injury. Despite the safety procedures in place in most Texas ranges, accidents do occur, and individuals are sometimes shot, leading to injuries or even death. Like most accidents, Texas law allows victims to file a civil negligence suit to recover for their injuries against a negligent party who caused the accident. However, the requirements for filing a lawsuit against a shooting range are a bit more complicated, meaning some plaintiffs who misunderstand the statutory requirements for filing may have their suit dismissed regardless of its merits.

The Supreme Court of Texas recently considered a case that highlights these requirements. According to the written opinion, the plaintiff brought his loaded .22 caliber rifle to the defendant shooting range in December of 2016. He handed the gun to a range employee for a pre-entrance safety inspection, and during the inspection, the gun discharged and shot the plaintiff in the leg. As a result, the plaintiff suffered severe injuries that required extensive medical treatment.

In February of 2017, the plaintiff sued the shooting range and the employee who performed the inspection. The parties submitted an agreed-upon scheduling order, which was approved in April. The order provided a date by which all experts must be designated. In June of 2017, more than 90 days after the suit was filed, the defendants filed a motion to dismiss, based on section 128.053 of the Texas Civil Practice and Remedies Code. This section requires that a plaintiff suing a shooting range must serve an expert report on the defendants within 90 days of the original filing, unless that deadline is extended by written agreement. If a plaintiff fails to do so, their suit can be dismissed with prejudice. The defendants argued that the plaintiffs had not served them with an expert witness within 90 days, and thus the suit must be dismissed. The plaintiffs, on the other hand, argued that the scheduling order extended the deadline, even though it did not mention section 128.053.

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