Texas Injury Lawyers Blog

Published on: March 20, 2020

Texas Restaurants and Bars Have a Duty to Protect Patrons

adult-alcohol-bar-bartender-274192-scaled Under 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.

Continue reading →

Published on: March 19, 2020

Carabin Shaw and Client and Community Commitment

By Carabin Shaw

Mr-Shaw-300x297 As 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.

Continue reading →

Published on: March 19, 2020

Employee Rights and Remedies After a Texas Workplace Injury

By Carabin Shaw

walking-crutches-3846165-scaled
Every year, significant numbers of Texas workers suffer injuries and illnesses related to their employment. These injuries and illnesses range from relatively minor slip and fall incidents to serious life-threatening and debilitating accidents. In some circumstances, Texas workers who suffer injuries at work may be able to recover for their damages. The two primary ways a Texas worker can recover for their injuries is through workers’ compensation or a personal injury lawsuit against their employer.

Workers’ compensation is a government insurance program that provides medical benefits and lost wages to workers who suffer injuries on the job. Unlike most other states, Texas employers can choose whether they want to purchase this insurance. Even though coverage is not mandatory, Texas employers must notify all of their employees and the state if they choose not to provide coverage.

Work-related injuries can have long-lasting and potentially deadly consequences. For example, recently, a news source reported on the death of a third worker at a Texas energy well. The workers were at an oil well site near Austin, when a high-pressure release caused a fiery explosion. The victims were medevaced to hospitals where they succumbed to their injuries. The mother of one of the victims filed a case against the energy company and requested that the court order them to preserve the scene and any relevant evidence. Additionally, she asked the judge to issue an order that would allow her attorneys and family access to the site for an investigation.

Continue reading →

Published on: March 18, 2020

Instacart Shoppers and DoorDash Drivers are Turning into First Responders

By Carabin Shaw

Carabin Shaw Law Firm encourages everyone to practice social distancing which includes limited contact and gatherings. Please thank and generously tip the service people who provide you with to-go food, run necessary errands and who help the community during the coronavirus outbreak. You are lifelines to many, thank you!

Instacart shoppers, Amazon delivery drivers, and others are making it possible for other people to engage in self-protective social distancing. When you run errands or go to a grocery store, you’ll see people with baskets and carts staring at their iPhone screens and then searching for black beans or frozen macaroni and cheese. A few wear masks and carry hand sanitizer.

Meet these shoppers. They’re not buying for themselves. Their job is to purchase goods and drive them to strangers who have ordered virtually, to limit being in crowded social places and being exposed to the coronavirus. Slate.com

Continue reading →

Published on: March 17, 2020

The Potential Difficulties When Suing Texas Shooting Ranges

By Carabin Shaw

gray-and-black-semi-automatic-pistol-3602946-scaled Shooting ranges are popular in Texas, but anytime someone handles a gun there is a risk for injury. Despite the safety procedures in place in most Texas ranges, accidents do occur, and individuals are sometimes shot, leading to injuries or even death. Like most accidents, Texas law allows victims to file a civil negligence suit to recover for their injuries against a negligent party who caused the accident. However, the requirements for filing a lawsuit against a shooting range are a bit more complicated, meaning some plaintiffs who misunderstand the statutory requirements for filing may have their suit dismissed regardless of its merits.

The Supreme Court of Texas recently considered a case that highlights these requirements. According to the written opinion, the plaintiff brought his loaded .22 caliber rifle to the defendant shooting range in December of 2016. He handed the gun to a range employee for a pre-entrance safety inspection, and during the inspection, the gun discharged and shot the plaintiff in the leg. As a result, the plaintiff suffered severe injuries that required extensive medical treatment.

In February of 2017, the plaintiff sued the shooting range and the employee who performed the inspection. The parties submitted an agreed-upon scheduling order, which was approved in April. The order provided a date by which all experts must be designated. In June of 2017, more than 90 days after the suit was filed, the defendants filed a motion to dismiss, based on section 128.053 of the Texas Civil Practice and Remedies Code. This section requires that a plaintiff suing a shooting range must serve an expert report on the defendants within 90 days of the original filing, unless that deadline is extended by written agreement. If a plaintiff fails to do so, their suit can be dismissed with prejudice. The defendants argued that the plaintiffs had not served them with an expert witness within 90 days, and thus the suit must be dismissed. The plaintiffs, on the other hand, argued that the scheduling order extended the deadline, even though it did not mention section 128.053.

Continue reading →

Published on: March 17, 2020

An Accident is Never Good News –But Help is Available During Stressful Times

By Carabin Shaw

car-crash-cartoon-pictures-19 An accident is always inconvenient, and costly, as well as dangerous. If you’re in an accident, it’s important to first call 911 immediately for anyone who is injured. Your next step? Call Carabin Shaw for a lawyer who is committed to making your bad situation better. And to prevent it from costing you more money and time.

We offer free phone, Facetime or in-person consultations so you can call us from the road or while at home. And for the convenience of our clients, we provide E-documentation options which save you time. We’re able to deliver your case documents straight to your phone. No travel time, parking issues or the added hassle of calling all the separate services for the help you need. We offer you immediate peace of mind by providing you with total accident assistance with one easy quick call to Carabin Shaw.

For your added convenience, we will arrange for a rental car to be delivered right to your front door. When an accident suddenly leaves you struggling with a need for cash, we are here to help arrange emergency cash loans for unforeseen expenses.

Continue reading →

Published on: March 10, 2020

SAFETY TIPS FOR SPRING BREAKERS

By Carabin Shaw

https://tpwd.texas.gov/

Each year Spring Break revelers and vacationing hotel guests wind up in the Emergency Room for preventable reasons. The lawyers at Carabin Shaw, specialize in Swimming Pool Safety and Traumatic Brain Injury cases, here are suggestions for a Safer Spring Break.

Don’t drink and dive. Nearly 70% of water-related deaths among teens and adults involve alcohol, especially diving injuries. It’s better to save the alcoholic beverages until after the pool, beach and water activities are over because alcohol affects your judgment and coordination.

Continue reading →

Published on: March 10, 2020

Texas Nursing Home Disputes Involving Arbitration Clauses

By Carabin Shaw

hands-people-friends-communication-45842-scaled Texas individuals who admit their loved ones into nursing homes do so with the expectation that the nursing facility will provide their family members with appropriate medical care and treat them with respect and compassion. However, the sad reality is that many people suffer abuse and serious injuries because of reckless, negligent, or careless Texas nursing home personnel. In these cases, families should take steps to pursue a Texas nursing home abuse lawsuit against the at-fault individual or entity.

Many families who try to pursue claims against Texas nursing homes face roadblocks because of arbitration agreements they agreed to upon admittance. For over twenty years, nursing home and long-term care facilities offered arbitration agreements as a way to solve disputes. Arbitration provides the parties to present their case to a neutral party who will decide on the matter. In some cases, arbitration can save both parties the time and expense of a long and drawn-out trial process. However, arbitration agreements are often one-sided and favor the party who offered the option, such as a nursing home.

These agreements are not only one-sided, but they were often a requirement for those wishing to enter nursing home care. Additionally, there was overwhelming evidence that nursing home arbitration agreements were detrimental to the safety of long-term care facility residents. To address the inherent unfairness in the rule, in 2016, lawmakers changed the rules. They explained that any facility that requires residents to sign arbitration agreements to enter the facility would not be eligible for federal funding. Even with the favorable public reaction to the ban, in 2019, a new rule took effect. The current law allows nursing homes to include arbitration agreements in their admission packets. However, it is important to note that nursing homes cannot require residents to sign the agreement as a pre-requisite to admission. Additionally, nursing homes must provide residents with at least 30-days to rescind their agreement.

Continue reading →

Published on: February 26, 2020

RECALL ALERT: National Recall for Insulin Pump Used for Type 1 Diabetes

By Carabin Shaw

(NATIONAL RECALL: February 2020) The Food and Drug Administration (FDA) has issued a recall for an insulin pump that thousands of people use with Type 1 diabetes. The recall is centered around certain Medtronic MiniMed 600 series insulin pumps.

One person has died, 2,175 people have received injuries and there have been more than 26,000 complaints, according to a statement released by the FDA.

Medtronic is recalling the specified insulin pumps due to a missing or broken retainer ring. That ring helps lock the insulin cartridge into place, according to the FDA.

Continue reading →

Published on: February 20, 2020

ACCIDENT INJURY REPORT – Septic Tank Fall Claims Life of Two-Year-old in Aransas Pass

By Carabin Shaw

https://www.texasinjurylawyersblog.com/files/2020/02/Screen-Shot-2020-02-20-at-2.46.11-PM.png

Photo Credit: KRIS TV

(February 20, 2020 Aransas Pass, TX) A 2-year-old girl fell into a septic tank Wednesday evening of the 19th at the Paradise Lagoons RV Resort in Aransas Pass. The child identified as Charleigh Nicole Nelson had been walking on the lid of the tank when she fell in.

Rescue attempts were made by both family and neighbors, but they were unsuccessful. The Rockport and Fulton Volunteer Fire Departments along with Aransas Pass FD were called out but they were also unable to rescue the toddler. The rescue turned into recovery by calling in the Ingleside Volunteer Fire Department who was able to reach the body by lowering a firefighter into a 2 foot wide hole with a specialized rope. The tank itself was filled with over 2 feet of water in which the child had been submerged for over an hour.

Continue reading →

Texas Injury Lawyer Blog

Meet these shoppers. They’re not buying for themselves. Their job is to purchase goods and drive them to strangers who have ordered virtually, to limit being in crowded social places and being exposed to the coronavirus. Slate.com

Each year Spring Break revelers and vacationing hotel guests wind up in the Emergency Room for preventable reasons. The lawyers at Carabin Shaw, specialize in Swimming Pool Safety and Traumatic Brain Injury cases, here are suggestions for a Safer Spring Break.