Texas Injury Lawyers Blog

Published on: March 10, 2021

PANDEMIC INCREASES ABUSE AND NEGLECT OF CHILDREN

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: March 8, 2021

Amazon Products Liability Case Could Affect Texas Consumers in Products Liability Claims

By Carabin Shaw

In light of COVID-19, everyone seems to be shopping online more frequently. Whether you’re shopping online to adhere to social distancing concerns or simply out of boredom, Amazon has become an important part of regular online shopping trips in many households. When a product purchased from the online retailer, however, injures someone in your family, is Amazon liable in a Texas products liability lawsuit? Or is the entity or individual who sold you the product responsible?

In a recent Fifth Circuit Court of Appeals opinion, the court had to consider a Texas products liability case involving a parent’s worst nightmare. The plaintiff’s husband purchased a remote control from Amazon.com. A year later, the couple’s 19-month-old baby girl swallowed the battery from the remote control. Surgeons had to remove the battery.

The plaintiff claimed that the battery’s fluid from its electrical charge resulted in severe, permanent, and irreversible damage to the child’s esophagus. After the plaintiff notified Amazon of the incident, Amazon notified the seller, who did not respond. The seller’s account was subsequently suspended. The plaintiff sued Amazon and the seller, alleging strict liability and negligence under a variety of product liability theories.

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Published on: February 25, 2021

Dangerous Baby Food May Affect Texas Infants and Toddlers

By Carabin Shaw

pexels-nelly-aran-1132688-300x200 Pre-prepared and packaged baby food has served as a convenient option for busy parents of infants and toddlers for decades. As parents, we only want what is best for our children, and we should be able to trust that the products we purchase for them to put into their bodies is safe and nutritious. When these food products contain contaminants that could be toxic, this oversight could lead to serious personal injury or even death to those most vulnerable. In certain cases, dangerous food products may give rise to a Texas product liability lawsuit.

According to a recent news report, federal investigators have found that some brands of baby food products contained several contaminants. Even products labeled as organic were found to be contaminated with heavy metals such as arsenic, lead, and cadmium. According to experts, exposure to these contaminants could pose significant risks to infants and toddlers, and heavy metals have been associated with brain damage, behavioral impairments, and even death. Because the FDA does not set limits on heavy metals specifically for baby foods, advocates argue that the agency needs to do more to regulate the industry to ensure our children’s safety.

If you have purchased baby food from any of the reported brands and your children have been injured as a result of the defective product, you may have a product liability claim against the manufacturer. In Texas, product liability is a strict liability offense, which means that negligence does not get the manufacturer off the hook. Thus, if there was a defect in the product and it caused the injury, then the defendant is liable. Texas recognizes three types of product defects.

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Published on: February 23, 2021

ACCIDENT INJURY REPORT: Evacuations underway after train vs. 18-wheeler crash causes explosion, fire in Cameron

By Carabin Shaw

Tuesday, Feb. 23, 2021: CAMERON, Texas — A freight train and an 18-wheeler truck have collided on FM 2095 in Cameron, causing a large explosion and fire.

According to Milam County Judge Steve Young, the crash happened before 7 a.m. several responders are on the scene, as tanker cars are overturned and inflamed. Judge Young says the 18-wheeler hit the train, causing 14 train cars to derail; however, the driver of the 18-wheeler survived. According to Milam County Sheriff Chris White, all personnel on the train are safe.

Sheriff White says the train was carrying coal and gasoline and is the reason for the fire. He also said there was hazardous material cars in the back of the train but it was not touched during the collision. Hazmat arrived and took the hazardous material out of range of the fire.

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Published on: February 18, 2021

Changes to Traffic Safety During COVID-19 May Affect Texas Residents

By Carabin Shaw

During the course of the COVID-19 public health emergency, many aspects of life as we know it in Texas have changed. One change is traffic safety, especially now that driving patterns have been altered as a result of social distancing and more people staying home. Unsurprisingly, traffic patterns changed significantly throughout the course of 2020, and some of these changes may also affect Texas residents and drivers if you’re planning to get back on the road or have been back to commuting for a while.

According to the National Highway Traffic Safety Administration’s (NHTSA) most recent report, changes to driving and travel patterns have been significant during the pandemic. The NHTSA reported that despite initial declines in traffic crash fatalities in 2020, the fatality rate increased during the second quarter of the year. From April until June, the fatality rate rose per 100 million vehicle miles traveled from 1.06 in 2019 to 1.25 in 2020. There was, however, an initial decrease in the first six months of 2020, which is likely attributable to the early onset of the pandemic and initial social distancing requirements and stay at home orders.

Drivers were taking on increased speeds in the second half of the year, according to the NHTSA. Although the reasons behind this are unclear, this may have been due to less bustle and congestion on the roads, which may have encouraged drivers to take advantage of the space. The NHTSA also reports that across nearly all roadway classifications, speeds observed in 2020 remained higher than in 2019. This, the NHTSA argues, presents a significant safety concern because a 10 percent change in the average speed of traffic has been historically shown to have a greater impact on traffic fatalities than a 10 percent change in traffic volume. Increased driving speed, the NHTSA contends, increases the risk of crashes and the severity of injuries associated with those crashes.

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Published on: February 2, 2021

Texas Car Accidents Caused by Inclement Weather

By Carabin Shaw

pexels-matheus-bertelli-799463-300x169 According to the Texas Department of Insurance (TDI), Texas motor vehicle collisions occur less than every minute. Those that suffer injuries in a Texas car accident may be able to recover for their injuries against a negligent driver. Over 10% of Texas accidents result from inclement weather conditions, such as fog, sleet, ice, rain, and wind. In some cases, hurricanes, tornadoes, flooding, and electric storms also result in a higher number of severe Texas car crashes. Texas weather can change quite quickly, and weather conditions can vary drastically from one part of the state to the next. Although safety officials stress the importance of postponing driving until after a severe weather event, it is not possible in some cases.

Before getting on the road, drivers should ensure that their vehicles are in proper working order. Motorists should inspect their windshield wipers, headlights, tire pressure and tread, and brakes. Most importantly, drivers who must drive during inclement weather should plan their route and travel time in advance. Driving during severe weather conditions can be stressful and take longer than usual. Drivers who find themselves on a Texas road during bad weather conditions should slow down, leave room in front of them, use turn signals early, buckle up, turn off cruise control, avoid sudden braking, and pull over safely, if necessary.

Rain accounts for the majority of weather-related car accidents in Texas. Hydroplaning is one of the main reasons for accidents in rainy conditions. This occurs when a vehicle’s tires lose contact with the road and begin to skid and veer. These accidents often result in chain-reaction collisions and can cause severe injuries and even death to motorists, passengers, and bystanders.

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Published on: January 21, 2021

Is Proof of Criminal Liability Important in a Texas Wrongful Death Claim?

By Carabin Shaw

pexels-lukas-rychvalsky-1600909-300x200 Although this past holiday season has looked a little different from previous ones because of the pandemic, Texas roads remain busy as families continue to take road trips, commute around town for necessities and daily errands, and travel. Even though COVID-19 may have kept many at home this holiday season, Texas drunk driving accidents still continue to claim too many lives.

According to a recent news report, a local mom lost her husband and two children after a tragic car accident. The two children and husband were driving along when the driver of a Ford F250 crashed into them. Although the driver of the Ford F250 survived, the local mom lost her entire family in the crash. So far, no charges have been filed against the truck driver. However, the mom retained attorneys who have filed a wrongful death lawsuit because the Ford F250 driver was allegedly intoxicated when the accident took place. The investigation remains active, and officials are still assessing potential charges. While charges are pending, the local mom and her attorneys are hopeful that criminal charges against the at-fault driver will be filed.

The legal system can often be challenging and confusing to navigate when it comes to certain claims. Unfortunately, when criminal charges are officially filed against an individual, it does not mean that they will automatically be responsible for paying damages to the party who suffered harm. Because criminal law and the criminal justice system were not designed to protect victims or survivors individually, but rather to protect society as a whole, damages are not typically awarded to specific people who have been harmed through the criminal system.

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Published on: January 15, 2021

Texas Product Liability Lawsuits Following a Product Recall

By Carabin Shaw

When a consumer purchases a new product, they rightfully trust that the designer, manufacturer, and retailer took measures to ensure the product’s safety and efficacy. However, despite testing standards and federal oversight, some dangerous products make their way into the consumer stream. Products with a design or manufacturing defect or that are inherently dangerous may cause serious injuries and lead to a Texas product liability lawsuit. The United States Consumer Product Safety Commission (USCPSC) requires manufacturers, distributors, and similar entities to report any issues with their products and issue recalls if necessary. However, these parties may still face liability even if they issued a recall.

Texas product liability laws cover claims stemming from design defects, manufacturing defects, and warning defects. The law allows injury victims to recover damages against manufacturers or sellers of a defective product that causes personal injury, death, or property damage. Texas design defect claims are generally the most onerous product liability claim. In these cases, plaintiffs must establish that the victim suffered injuries because the product’s design was inherently dangerous. The law requires plaintiffs to present evidence of a safer and economically feasible alternative design. Manufacturing defects are relevant when the product’s design is appropriate, but something went awry during the manufacturing process that made a specific item dangerous. This type of claim may be appropriate when a manufacturer fails to meet safety or design standards. However, the claims do not apply to those who suffer injuries from a defective product manufactured before updated safety standards. Finally, failure to warn claims are applicable when a manufacturer did not provide appropriate instructions or warnings.

The New York Times recently reported that The Home Depot recalled a popular indoor/outdoor fan, after reports that the fans’ blades were detaching while spinning. The Home Depot issued a voluntary recall after nearly 50 consumer reports of detaching blades. The USCPSC, reported that The Home Depot voluntarily recalled the fans and ceased sales when they discovered the issue. They maintain that the fans are not inherently dangerous, and the hazard resulted from a manufacturing defect.

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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: January 9, 2021

Court Addresses Exclusive Remedy Provision in Texas Workplace Accident Lawsuit

By Carabin Shaw

collection-of-construction-safety-helmet-38070-300x197 Recently, the Supreme Court of Texas issued a decision in a lawsuit stemming from injuries an employee suffered at his workplace. The case arose when a general contractor subcontracted with the defendant to drill a foundation for a commercial construction project. The plaintiff was working as a lead superintendent for the project. On the day of the incident, the subcontractor’s crew began working on a new piling without sufficient grout, contrary to the company’s policy. The defendant’s foreman told the crane operator to rock the auger back and forth to free it from the solidifying grout. After several minutes the foreman told the operator to stop, as it posed a danger. However, the subcontractor’s superintendent overrode the foreman’s instructions and told him to continue. Despite concern that the situation was becoming increasingly dangerous, the subcontractor demanded that the operator continue. As a result, some of the crane’s rollers came off and crushed the plaintiff’s legs, ultimately requiring amputation of his legs.

The plaintiff received workers’ compensation and subsequently filed a lawsuit against the subcontractor for negligence and gross negligence, arguing that the subcontractor waived its exclusive remedy defense. Later the plaintiff amended his complaint, contending that the subcontractor intentionally injured the plaintiff.

In Texas, the Workers’ Compensation Act, (the Act) is the exclusive remedy for eligible employees who seek compensation for work-related injuries. This provision provides medical and disability benefits without considering the fault of either the employer or employee. The Act does not allow lawsuits for an employer’s grossly negligent behavior unless the conduct results in a fatal injury. However, an exception to the bar on lawsuits exists when an employer commits an intentional tort. In order to satisfy the exception, the plaintiff must establish that the employer “believed that its actions are substantially certain to result” in a specific injury to a specific employee, not “merely highly likely to increase the overall risks to employees in the workplace.”

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Texas Injury Lawyer Blog