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pexels-anna-shvets-3987150-200x300Following the initial COVID-19 outbreak in the United States earlier this year, thousands of Americans flooded stores in search of hand sanitizer and other cleaning supplies. Many stores were completely wiped out from the start of the pandemic of such supplies and have taken several months to restock these products because of demand. In preparation for the uncertainty associated with the pandemic, many Texans purchased large quantities of these products. However, recent FDA recalls indicate that some of these sanitizing products may be causing members of our community to become ill. These recalls may be the basis for a Texas product liability claim.

According to a recent article, federal regulators from the Food and Drug Administration (FDA) have been urging consumers to avoid more than 130 hand sanitizers that were previously available through stores such as Walmart and other national major retailers. The agency has cited that many of these products lack the sufficient level of alcohol necessary to effectively kill germs or that the products contain dangerous and potentially deadly levels of wood alcohol.

With hand sanitizer demand skyrocketing during COVID-19, a new rush of brands manufacturing hand sanitizer has entered the market. However, while many of these products claim to contain ethanol (otherwise known as ethyl alcohol), FDA tests have shown that they actually contain methanol, or wood alcohol. Methanol can potentially be toxic when absorbed through the skin and could even cause blindness or death if consumed. Because many products have been mislabeled, consumers would be unable to tell which items actually contain methanol. The FDA has kept an updated list of recalled products on its website for easy reference.

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pexels-alexas-fotos-2156246-300x196When 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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https://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-12-at-10.35.46-AM.pngSAN ANTONIOAug. 10, 2020:  Carabin Shaw Law Firm and Wyatt Law Firm, PLLC. answered the lifesaving need to help fight COVID 19 by donating $100,000 to assist the South Texas Blood & Tissue Center’s (STBTC) efforts to collect convalescent plasma for COVID-19 patients. The two firms will provide $50,000.00 each — $100,000.00 total — in gift cards to encourage South Texans who have recovered from COVID-19 to donate convalescent plasma. Donors will receive a $50.00 Visa gift card for each eligible donation.
“We felt it was vital for us to encourage people to make a lifesaving plasma donation,” said Jamie Shaw, a founding partner of Carabin Shaw. “It’s critically important to our community, and we want to encourage others to step up and help.”
IMG_4529-300x200Convalescent plasma contains antibodies to the virus that causes COVID-19 and may provide passive immunity to certain patients with severe forms of the illness. The plasma is used to treat patients with active infections, and it is one of the few treatments available for COVID-19. STBTC is the only organization in this area collecting convalescent plasma that can be transfused directly to patients with COVID-19.
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https://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-08-at-1.19.37-PM-300x257.pngFor 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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https://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-03-at-12.11.27-PM.pngJuly 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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https://www.texasinjurylawyersblog.com/files/2020/06/Screen-Shot-2020-06-22-at-7.18.35-PM.pngKNOW 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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https://www.texasinjurylawyersblog.com/files/2020/06/Screen-Shot-2020-06-15-at-7.28.53-PM.pngMonday, June 15, 2020:  SAN ANTONIO, Texas – The American Academy of Pediatrics has warned that drownings could be on the rise this summer. Unfortunately, a 4-year-old girl, Lina Arredondo, has died after drowning in a pool. 

The tragic incident happened just before 10 p.m. Sunday at a home on Divide Mount near Southton Road on the city’s Southeast Side. 

Police said Lina Arredondo was playing in the small, shallow wading pool alongside the main pool during a family gathering. The parents said they were watching her but looked away for a moment when another child alerted them to Lina, who had gotten into the main pool. 

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aluminum-black-and-white-business-cart-264529-scaled
 While people are rushing to essential retail outlets to buy food and supplies for their families, workers in these high volume retailers seem to be at a higher risk of developing Covid 19 symptoms while working to meet consumer needs. Workers in essential retail giants, supermarkets, and consumer product delivery businesses are expected to work long hours to keep shelves stocked, deliveries fulfilled and businesses operational. 

The demands for basic items are far outstripping the supply chain nationwide. A valid question is surfacing as to what efforts companies and corporations are making to keep the workplace safe. Employers have a legal duty to provide a reasonably safe working environment for all employees. Although much has been done to ensure that the spread of the virus in these environments is limited to keep customers safe, employees still remain vulnerable and face greater exposure. 

A large white elephant sits in the room waiting to be dealt with regarding this virus in high traffic areas. That being the safety of the employees and workers required to work in extremely vulnerable conditions. Many questions remain regarding what employers are actually doing to keep their workforce safe.  

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adult-alcohol-bar-bartender-274192-scaledUnder 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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Mr-Shaw-300x297As the coronavirus (COVID-19) situation develops, all of our lives will undoubtedly be affected. Our families, communities, and businesses are navigating a truly unprecedented global event.

In this time of crisis, we know our role is to not only represent our clients in their time of need, protect our employees and team members, but also to help adapt to the changing realities we are now confronted.

I’m reaching out with an update from the Carabin Shaw Family to reassure you that we are working tirelessly to serve and help all of our clients prevail and to keep our employees safe at the same time.

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