Wrongful Death

Published on: April 9, 2020

Who comes first? Employees or Customers?

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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Published on: January 30, 2020

The Statute of Limitations for Texas Personal Injury Lawsuits

By Carabin Shaw

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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.

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Published on: January 18, 2020

“TEXAS WE HAVE A PROBLEM!” Swimming Pool Deaths

By Carabin Shaw

by Attny Jesse E. Guerra, Jr.

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.

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Published on: January 16, 2020

ACCIDENT INJURY REPORT-GALVESTON BOAT COLLISON

By Carabin Shaw

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.

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