Texas Injury Lawyers Blog

Published on: January 21, 2021

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

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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Published on: December 28, 2020

Texas Wrong Way Car Accidents

By Carabin Shaw

pexels-carl-newton-2280165-199x300 While driving, there are few scenarios scarier than seeing another car driving the wrong way and coming straight for your vehicle at full speed. Although these collisions are rooted in a number of potential causes, at-fault parties must be held accountable for their carelessness when they take place. When these Texas wrong-way accidents occur, they often have devastating and fatal consequences for all who are involved.

For example, according to a recent news report, a toddler died from his injuries following a major wrong-way car accident. The toddler and his aunt were driving along the road when an oncoming sedan approached while driving in the wrong direction of the street. The sedan collided with the car the toddler and his aunt were operating and resulted in the crash. The sedan driver died from blunt force injuries. The toddler was not in a car seat when the crash took place but was wearing a seat belt, and his aunt was taken to the hospital with non-life-threatening injuries.

Like every other state, Texas requires vehicles to drive on the right side of the road. There are only very narrow exceptions in which vehicles can be on the wrong side of the road. Passing another vehicle, traveling on a one-way road, avoiding an obstacle on the street, or traveling on a road with more than just two lanes of traffic are the only exceptions available for being on the wrong side.

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Published on: December 17, 2020

Recovering After a Texas Head-On Car Accident

By Carabin Shaw

pexels-antonio-batinić-5364345-300x200 There are plenty of roads in Texas that do not have a physical median separating the lanes as vehicles move in opposite directions. This road design, coupled with distracted or reckless driving, often becomes the perfect storm for dangerous car accidents. Head-on accidents, for example, most frequently occur on this type of roadway when the at-fault party veers across the center dividing line and crashes into a car coming in the opposite direction.

In a recent news report, six individuals were killed in a deadly head-on highway car accident. According to the Texas Department of Public Safety, two vehicles were heading in opposite directions when one of the cars veered into the neighboring lane and crashed head-on with the other vehicle. The eastbound vehicle was carrying three passengers, who all died at the scene. The westbound car was carrying six passengers, and three were killed in the crash. The remaining passengers of the westbound vehicle were transported to local hospitals to treat their injuries. All of the passengers in the eastbound vehicle were wearing seat belts, whereas only the driver of the westbound car was wearing his seat belt. The crash remains under investigation by local authorities.

In Texas, like other jurisdictions, head-on car accidents can lead to a host of legal issues. Distracted driving or drowsiness are often common causes for these often-fatal crashes, as well as drunk driving or speeding.

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Published on: December 14, 2020

Are Companies Liable for Accidents Caused by Texas Independent Contractors?

By Carabin Shaw

pexels-ian-panelo-3087484-200x300 Many Texas companies hire independent contractors because of their cost-effective nature. With an independent contractor, companies can use the contractor for a particular project when it needs to be done and are free from being tethered to the particular contractor when the work is complete. When a contractor’s actions cause an accident, however, there is a question of liability on the company’s part. Is the contractor or the company responsible? It can often be a complicated question.

For example, in a recent Texas Supreme Court opinion, the court considered a case involving the liability of a company that hired an independent contractor. When a Texas utility company entered into a contract with an independent contractor, the utility company issued a work order for the independent contractor to remove a utility pole. To remove the pole, it needed to be pulled out of the ground, and then the hole would be filled with dirt. The independent contractor completed the project and filled the hole, and another company that the utility company contracted with to inspect the work of its contractors confirmed that the job was complete. The plaintiff was mowing her lawn when she stepped into a hole that was two and a half feet deep in the area where the pole had been removed. The plaintiff sued the utility company, its independent contractor, and the company responsible for checking the contractor’s work for negligence. The trial court and court of appeals sided with the defendants by granting summary judgment, and the plaintiff appealed.

On appeal, the plaintiff argued that the utility company owed a duty to her to ensure that the independent contractor performed its job in a safe manner. Because the removal of the pole was inherently dangerous work and the utility company had a contractual right to control the independent contractor, they owed her a duty. However, the court disagreed and sided with the defendants, arguing that there was no duty on the part of the utility company to the plaintiff.

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Published on: December 7, 2020

Recovering from a Texas Hit And Run Accident

By Carabin Shaw

car-crash-cartoon-pictures-19-300x210 Car accidents are a headache to deal with. Texas hit and run accidents, however, can cause a headache and then some. Because the other driver has run off after an accident, you may now be stuck paying for any damage incurred from your vehicle and any medical expenses that you may rack up if you have been injured. Since hit and run accidents can often have devastating consequences, it is crucial that those who are responsible are held accountable, whenever possible.

According to a recent news report, a local hit and run accident left a motorcyclist dead. Based on law enforcement reports, constables say there were two separate accidents. First, a car turned in front of a motorcycle going in the opposite direction, which struck and killed the motorcyclist. Following this initial accident, debris left behind from the crash caused a hit and run crash involving two more vehicles, and an SUV involved in the second crash fled the scene. According to local authorities, it is unclear whether any charges will be filed following this collision.

In Texas, hit and run accident laws are strictly enforced. Depending on the severity of physical damage or injuries incurred during the collision, it can result in either a felony or misdemeanor conviction and is considered a crime.

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Published on: November 30, 2020

Wrongful Death Claims After a Texas Chain Reaction Crash

By Carabin Shaw

pexels-pixabay-263402-300x199 When a Texas chain-reaction car accident occurs, it can often have devastating consequences. On top of potentially being more likely to cause injuries or death, these collisions are often more complex because of all of the parties involved. Establishing an accurate timeline that maps out exactly how the crash happened and who should be assigned which portion of fault can be a significantly challenging issue on its own. However, if a fatality follows an already complex series of crashes, the situation becomes even more complicated to navigate.

According to a recent local news report, a series of car crashes involving four vehicles left a teenage boy dead. The incident started when a Mercedes broke down on the side of the road when it ran into mechanical issues. Both occupants exited the Mercedes, and moments later, a Dodge pickup saw the Mercedes and stopped behind it. A Nissan traveling on the same road with a 17-year-old passenger slammed into the back of the Dodge pickup and hit another car on the road. The series of crashes concluded when the Nissan crashed into the rear of the Mercedes, which pushed it across the median and into the feeder road. The 17-year-old teenager who was riding in the Nissan did not survive the crash. Firefighters worked for nearly 45 minutes to free the driver of the Nissan, who barely escaped fatal injuries and was transported to a local hospital. According to law enforcement, there was no reason to believe that drugs or alcohol played a role in the crash, and the accident was likely caused by speeding.

In Texas, if a fatality occurs following a crash, it could potentially give rise to a wrongful death claim. Potential plaintiffs must understand the mechanics of bringing these claims. First, the party bringing the claim must prove that the deceased was not responsible for causing their own death and that it resulted from the negligence of another party.

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Published on: November 17, 2020

Texas Court Addresses Assumption of Control in Negligence Lawsuit Against Employer

By Carabin Shaw

CS-San-Antonio-9-300x300 Recently, a Texas district court issued an opinion in a lawsuit stemming from injuries a man suffered during a workplace altercation. According to the record, the plaintiff worked in a storeroom of a clothing store that is operated by a larger company. The plaintiff and another employee became involved in a verbal altercation requiring intervention from a supervisor. The supervisor presented the parties with the options to either quit their jobs, change shifts, or continue working together-they chose to continue working together. About a week after the verbal altercation, the men became involved in another argument, and the employee punched the plaintiff. Both of the men were terminated from their positions. The plaintiff filed a lawsuit against the parent company, arguing that they were liable for his injuries because of negligent hiring, negligent training, negligent supervision, retention, and monitoring. A jury found in favor of the plaintiff, and the company appealed.

Among other issues, the company argued that they were not liable because the men were not employees of the parent company, but rather of a subsidiary. The company argued that the plaintiff did not establish that the defendant had an employment relationship with any of the parties involved, or that they controlled the subsidiary’s safety policies. Therefore, the jury’s finding was not supported by the evidence.

Under Texas laws, the court will sustain a sufficiency of the evidence challenge if there is a complete absence of an essential fact, the trial court is barred by the law to give weight to the evidence offered to prove a vital fact, if the preferred evidence is no more than a “mere scintilla,” or the evidence established the opposite of a vital fact. Evidence rises to a sufficient level if it would allow fair-minded people to differ in their conclusions. Further, if the evidence does not create more than a slight suspicion, it is not sufficient.

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Texas Injury Lawyer Blog