Photo Credit: KWTX
(BURLESON COUNTY, Texas, Feb 3, 2020) Three oil field contractors have died and another is still in the hospital after an oil well blowout and the resulting fire in Burleson County, Texas.
The accident happened at a well site near Deanville, on County Road 127 and FM 60, southwest of Bryan on January 29th. The Chesapeake Energy owned well was undergoing major maintenance operations by contractors employed by CC Forbes and Eagle Pressure Control when the explosion occurred.
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.
Photo Credit: KTRK
(HOUSTON, January 27, 2020) Two people were killed in a gas explosion in northwest Houston at a manufacturing warehouse on Friday the 25 at around 4:30 a.m. After the explosion the Houston Fire Department reported that 48 people had to be sheltered and 18 people were sent to local emergency rooms for injuries.
Officials have identified Gerardo Castorena Sr. and Frank Flores as the two victims who were killed in this fatal explosion.
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.
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.
PASADENA, Texas (Jan 3, 2020)– A Motorcycle Crash in Pasadena kills one man and lands another in custody. Police said the crash happened around 3:40 a.m. on Genoa Red Bluff Road between Space Center Boulevard and Red Bluff Road. A speeding motorcyclist heading westbound on Genoa Red Bluff T-boned the passenger side of a small, four-door sedan. The impact caused the sedan and motorcycle to spin and catch on fire. The motorcyclist was thrown from his bike and he was pronounced dead at the scene. The driver of the car — 30-year-old Stephen Dario Rodriguez — was transported to a hospital and is expected to survive.
Investigators determined Rodriguez had been driving under the influence and was charged with his third DWI. The victim of the crash has been identified as 24-year-old James Hubbs. The incident is still under investigation.
December 31, 2019 Hutto, Texas – A local man was killed in an industrial accident Monday morning at Starfire Manufacturing located in the Tradesman Park Loop in Hutto. The Williamson County Sheriff’s department reported that a man in his 60’s was at the location to borrow a forklift. A large metal booth already situated on the forklift tipped off and landed on the man killing him. The victim was confirmed as not an employee of the company, Starfire Manufacturing. OSHA and Workers Defense Project have been contacted but is is not known if any violations had been committed.
Industrial Accidents
According to the US Bureau of Labor Statistics 2018, there were 58 industrial fatalities in Texas from contact with objects and equipment. Of these deaths, 57 were within the private sector of manufacturing of goods, construction, or transportation.
Special Reporting: Jesse E. Guerra Jr. Of Counsel attorney with Carabin Shaw PC
Boeing’s MAX Fixes Not Likely to Get FAA Approval Until February
Wow! Not sure where this leaves passengers wanting to feel safe boarding these planes in the future. It seems that Boeing and the Federal Aviation Administration have more work to do to help prevent future disasters These planes continue to be grounded until a safer solution arises. Let’s hope for all concerned that comes sooner than later. Not sure if Boeing will go back to the drawing board on this design since there seems to be a goal to find a less costly solution to the alleged design failures as opposed to starting from scratch on a new model aircraft. Thus far, two recent crashes occurred with Boeing’s 737 MAX Airplane despite known warnings of this designs airworthiness and control systems. A huge question remains as to how much the FAA and Boeing itself knew about potential problems with this aircraft.
When a Texas minor child engages in negligent or reckless behavior resulting in personal injury or property damage, the child’s parents may be responsible. The Texas Family Code, section 41 (the code), details parental responsibility in instances where a child causes property damage. Under the code, the parent or guardian of a Texas minor face liability if their child causes property damage to another in two instances. First, if the child’s negligent behavior was because of the negligence of the parent. This part of the code applies regardless of the child’s age, as long as they are under 18 years old. Second, if the child is between 10 and 18 years-old and willfully and maliciously caused the damage. To apply this section of the statute, the plaintiff needs to establish that the child had a purpose or intent to cause the accident. There are limits on the damages a Texas plaintiff can receive in these situations. A Texas plaintiff can receive actual damages up to $25,000 per occurrence, plus attorney’s fees and court costs.
Parents can still be liable even if their situation does not fall squarely within the Texas statute. Under Texas common law, parents can still face liability for injuries that are a result of their child’s willful, malicious, or negligent behavior. Texas injury victims can file personal injury lawsuits against the parent of a child based on parental negligence. Parental negligence claims often occur in instances where a parent knows that their child is inclined to engage in careless or reckless behavior but fails to take steps to prevent the behavior.
There are various situations where a parent or guardian may face independent liability or vicarious liability based on their child’s behavior. For example, according to a recent news report, a Texas father faced criminal charges after he allowed his 12-year-old daughter to drive his car. In this case, the father let his daughter drive his vehicle even though she was underage, and there was a toddler in the backseat. The daughter accelerated too quickly and ran over a man and his dogs in their apartment complex. Tragically, the man and his dog died instantly. Initially, the father told police officials that he was driving the car, but video footage revealed that his daughter was the driver. She admitted that her father was teaching her how to drive. In addition to criminal charges, the father may face civil liability for the deaths as well.
Texas is mourning after the untimely deaths of NFL player Cedric Benson and his passenger, a University of Texas graduate. According to news reports the player’s motorcycle collided with a white minivan on an Austin, Texas highway. Witnesses state that good samaritans and bystanders offered assistance before Texas fire and emergency services arrived at the scene. Representatives at the Austin police department said that they would comment after reviewing witness footage of the accident.
Tragic Texas motorcycle accidents are often the result of some wrongdoing, and the victims and their families are entitled to recourse. Under the Texas Wrongful Death Statute, plaintiffs can assert a claim if the death was a result of the “wrongful act, neglect, carelessness, unskillfulness” of an individual or entity. Some common instances where a wrongful death lawsuit may be appropriate are in drunk or distracted driving accidents, truck accidents, motorcycle accidents, and medical malpractice cases. Filing this type of claim is appropriate regardless of whether the state pursues criminal charges against the culpable party.
Texas law only permits specific individuals to commence a wrongful death statute on behalf of their loved one. Parents, spouses and children of the deceased individual may file a wrongful death claim. These parties can file the lawsuit individually or as a group. Texas considers adult and fully adopted children eligible to file a wrongful death lawsuit. Children that are fully and legally adopted may not file a wrongful death lawsuit on behalf of their biological parent. Unfortunately, Texas law does not permit siblings to file a wrongful death claim.
Texas Injury Lawyers Blog