Uncategorized

Published on: May 9, 2023

Consequences of Drug Possession in Texas

By Carabin Shaw

Drug abuse comes with harsh legal punishments in Texas.

Teen Charged with Murder after Fentanyl Overdose Kills a 15-Year-Old Highschool Student

If you use the Google search engine, you probably know that today is Fentanyl Awareness Day. This comes just six days after a teenager in the Kyle, Texas area is charged with the murder and delivery of a controlled substance to a minor after a 15-year-old Lehman High School student overdosed on fentanyl-laced drugs. Drug charges are no joke, and they have more repercussions on your life than you might think, especially if you’re a teenager.

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Published on: February 8, 2023

Business Disparagement and the TCPA

By Carabin Shaw

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(February 8, 2023) Texas grocery giant H-E-B appealed to the Supreme Court of Texas on February 3, 2023, over a business disparagement and defamation lawsuit filed by Maverick International Ltd. back in March of 2021. H-E-B has argued in their appeal to the Supreme Court, which was previously denied by the 9^th Court of Appeals in Beaumont, that the comments they are being sued over should have been protected under the Texas Citizen’s Participation Act (TCPA) but that the commercial exception to the act “categorically excludes retailers.” So, what is the TCPA, and how does the commercial exemption exclude major retailers from protection against business disparagement claims?

Did you know?

The Texas Citizen’s Participation Act was first signed into law on June 17, 2011, in response to a growing number of business disparagement lawsuits originating from online reviews.

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Published on: July 24, 2022

San Antonio Personal Injury Lawyer Forced to Resign

By Carabin Shaw

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(July 24, 2022) Former San Antonio personal injury attorney Christopher Pettit is forced to resign from practice and surrender his Texas legal license, and State Bar Card after the Supreme Court of Texas finds him guilty of professional misconduct. This means that he is no longer allowed to practice law in the State of Texas, offer any kind of legal service, or even refer to himself as an attorney.

How did this happen?

The former attorney filed for bankruptcy on June 1 after receiving multiple lawsuits from former clients claiming that he had stolen their money, some up to 700,000 USD, according to San Antonio Express-News. He claims to not know what happened to the money, but his answers did not satisfy his former clients.

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Published on: July 29, 2021

Court Finds Texas Has Jurisdiction to Hear Products Liability Lawsuit

By Carabin Shaw

The Supreme Court of Texas recently issued an opinion in a lawsuit against an insulation products company. According to the court’s opinion, the plaintiffs built a home in Texas and purchased products from a spray foam insulation company. The insulation was designed to make the home quieter and energy efficient by sealing areas where air loss occurs. Shortly after the installation, the family began suffering from various ailments, including coughing spells, burning eyes, allergies, and headaches. The company advised the family that the spray foam smell would dissipate over time. The company then sent an “independent contractor” sales representative to inspect the property; however, the family never received the inspection results.

In response, the family filed a lawsuit against the spray foam company, alleging various claims, including products liability and negligence. They argued that their injuries arose from the sale and installation of the spray foam used in their home. In response, the company contended that because the company never sold or advertised any of the products in Texas, the state did not have jurisdiction over the matter. Further, they argued that they did not have any involvement with the company that inspected the property. The appeals court agreed, finding that the plaintiffs failed to establish that Texas had either general or specific personal jurisdiction over the defendants.

Under Texas law, a court must have subject matter and personal jurisdiction over the parties to issue a judgment. Texas courts can assert personal jurisdiction over a nonresident if the state’s long-arm statute permits exercising jurisdiction and comports with federal due-process guarantees. Specific jurisdiction applies when the defendant’s contact with the state is purposeful, and the cause of action arises from those contacts.

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Published on: July 17, 2021

BENZENE IN SUNSCREENS LINKED TO CANCER RISK–KILLER TAN CAN BE DEADLY

By Carabin Shaw

CANCER CAUSING BENZENE FOUND IN SUNSCREENS LINKED TO HIGHER RISK–KILLER TAN CAN BE DEADLY – 40 SUNSCREEN BRANDS RECALLED

July 17, 2021, San Antonio, Texas: Sunscreen products have been pulled from shelves across the country after they were found to contain significant amounts of benzene, a known carcinogen. Experts say any benzene exposure poses a health risk. Benzene has been linked to increased cancer risk since and had five times higher than normal risk of leukemia.

“There’s no such thing as a safe level of exposure, and that’s especially true for children,” said Philip Landrigan, director of the Global Public Health Program and Global Pollution Observatory at Boston College.

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Published on: May 9, 2021

ACCIDENT INJURY REPORT: Two-Year-Old Who Fell Into Hot Tub At Kilgore Hotel Dies

By Carabin Shaw

May 9, 2021: KILGORE, Texas (KETK) – An East Texas toddler who was fighting for his life after a swimming accident at a Kilgore Texas hotel has died.

Luke Wayne Killough, age 2, died Friday, April 30 due to brain trauma. Luke was about to go swimming with his 4-year-old sister on Sunday, April 25 at the Kilgore Holiday Inn and Suites when he fell into the hot tub. His sister tried to save him but was unable to do so. She ran to her father, Scott Killough, who was nearby caring for his baby to tell him. Luke’s mother Dominique Killough said that the child told her father that her “boogie”, a nickname for her brother, was floating face-down in the hot tub.

According to the mother, Scott raced over, pulled Luke from the water and helped Luke throw up food that had become stuck in his throat.

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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.

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Published on: January 14, 2021

CARABIN SHAW DONATES OXIMETER HEALTHKITS TO GONZABA MEDICAL GROUP

By Carabin Shaw

SAN ANTONIO, January 11, 2021– The Carabin Shaw Law firm is continuing its mission to help fight COVID-19 in Texas. The Firm has donated Healthcare Kits to the Gonzaba Medical Group which will be distributed to patients tested positive on a daily basis.

The Oximeter Healthcare Kits will be distributed in this manner:

Internal COVID Team (internal Team that assists with employee cases)

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Published on: November 7, 2020

WINTER WILL SEE RISE IN CARBON MONOXIDE POISONING WHICH KILLS 500 IN THE UNITED STATES EACH YEAR AND SENDS 50,000 TO EMERGENCY ROOMS

By Carabin Shaw

Every year nearly 500 people in the US die from what is a preventable death: accidental carbon monoxide poisoning. Nearly 50,000 people in the U.S. end up visiting emergency rooms each year due to CO poisoning. There are many ways to protect your family, loved ones, guests and renters. Whether you’re at home or traveling, there are steps you can take to help keep yourself and others safe from CO poisoning.

Owners of hotels, rental properties and homes have legal obligations to make sure their properties are serviced and do not pose a risk of renters, friends, family or guests developing CO Poisoning. Winter temperatures now mean an increase in heating systems running for hours which adds to the carbon monoxide risk.

Surprisingly, fumes are produced by more than furnaces.

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Published on: September 28, 2020

Amazon Products Sold in Texas Being Flagged as Fire Hazards

By Carabin Shaw

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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