Texas Personal Injury News
Sunday, February 26, 2017
Even the best personal injury claims, with the strongest possible facts, will undoubtedly be met with some sort of defense along the way. In many cases, possible defenses are presented during the negotiation stages prior to ever making it to the courtroom – often as a way to attempt to deter the plaintiff from continuing. However, our team of experienced personal injury practitioners is ready to meet and overcome any defenses thrown our clients’ way, which could include any of the following:
Defense #1: Contributory Negligence: In Texas, there exists an “affirmative defense” known as contributory negligence. To assert this defense, the defendant must take the position that “yes, this occurred, but the plaintiff was at fault too!” In other words, the plaintiff in some way contributed to his or her own injuries. In considering this defense, the fact finder (usually a jury) would review the evidence to determine if, but for any of the plaintiff’s own actions, the injuries could have been minimized or avoided all together.Read more . . .
Saturday, February 11, 2017
When can a patient sue a manufacturer over faulty medical devices or failure to warn of the risks of an implant?
A Texas woman has filed a lawsuit against Cook Medical in connection with a defective medical device implanted in her at Texas Health Presbyterian Hospital of Dallas in 2007. Her suit also accuses the company of a "failure to warn" of the risks of the implant, the Cook Gunther Vena Cava Filter. She is just the latest of a number of plaintiffs in Texas and other states who have sued over the ill-effects of such filters implanted years ago.
Cook Gunther Vena Cava Filter Created Serious Health Problems
The inferior vena cava (IVC) filters were supposed to protect patients from life-threatening blood clots that can travel to the lungs and cause a pulmonary embolism or other health problems.Read more . . .
Thursday, February 2, 2017
What are dram shop and social host liability laws?
In the United States, if you are injured as a result of another individual’s intoxication, you can file a personal injury lawsuit claim against that person. Many people are unaware, however, that (in some situations) you can also sue the establishment (e.g. bar or restaurant) that served alcohol to the person the person who harmed you if it was clear that he or she was already intoxicated or if he or she was a minor. The laws governing the latter are known as “dram shop” laws since “dram” was once a common term for a portion of whiskey.Read more . . .
Tuesday, January 31, 2017
What are the problems with Invokana?
Since the Judicial Panel on Multidistrict Litigation consolidated federal cases in New Jersey last month, the number of lawsuits involving Invokana, a medication designed to treat Type II diabetes, has risen steadily. By December 15, 2016, 63 cases involving problems with the medication had already been filed; by January 17, 2017, that number had jumped to 100! Attorneys all over the country expect this number to continue climbing.
If you have suffered ill effects from Invokana, you should contact a personal attorney in your state who is experienced in working on cases involving defective drugs.Read more . . .
Monday, January 30, 2017
How does the FDA’s 501(k) clearance rule put consumers at risk?
Read more . . .
Four million catheters reported to be defective have been recently recalled. Because catheters are used in so many common medical procedures, it is expected that many personal injury lawsuits are in the offing. If you have suffered a personal injury as the result of catheter usage, you should contact a skilled defective drug and medical device attorney to advise you of your best options.
Wednesday, January 18, 2017
What are my legal rights if I am injured in an accident in Texas?
If you have been injured in an accident in Texas, there are several important laws and legal principles that could impact your personal injury case. Understanding some basics about personal injury law in Texas can help you to protect your legal rights. Our Houston, Texas personal injury lawyers at Chandler Mathis & Zivley offer the following overview of personal injury laws in our state.Read more . . .
Saturday, December 31, 2016
When it comes to defective products, commercial airliners are probably one of the last pieces of machinery consumers would want to see malfunctioning – especially at 30,000 feet in the air. As technology advances, aircraft become more and more intricate – and presumably safer for commercial passengers. However, tragically, airplanes can be susceptible to faulty parts, inadequate assembly or defective design – which inevitably leads to product liability litigation.
Recently, the U.S.
Read more . . .
Friday, December 30, 2016
The laws of negligence assign liability to anyone who acts unreasonably and carelessly, causing injury and harm to another person. In most cases, there is no need for the responsible party to have acted intentionally, so long as their actions represent a deviation from reasonably “prudent” (i.e., careful) conduct. In some cases, negligent conduct results in the death of the victim from the injuries sustained in the accident.
Read more . . .
Thursday, December 29, 2016
What causes head-on accidents in Texas?
A horrific head-on accident recently claimed the lives of a seven-year-old boy and 25-year-old woman. The accident happened around 7 p.m. on FM 1960 in Huffman. Witnesses report that the driver of a Yukon had been traveling at a high rate of speed while weaving in and out of traffic.Read more . . .
Tuesday, December 27, 2016
Earlier this month, the Texas Supreme Court heard oral arguments in a hotly-contested wrongful death case involving the tragic death of a student at the University of Incarnate Word. When it came down to the central issues in the case, however, the court recognized the scant precedent on the matter – and heavily questioned counsel for both the University and the estate of the decedent.
According to the facts as presented at the trial level, the deceased student was shot and killed by a Corporal for the University’s on-campus security team.
Read more . . .
Monday, November 28, 2016
Under the laws of personal injury and negligence, an employer can be liable for the misdeeds of its employee if (i) the employee was acting within the scope of his or her employment duties, and (ii) the facts surrounding the injury were reasonably foreseeable. Keeping this in mind, consider the recent final decision issued by the Texas Supreme Court reversing a $32 million judgment against Domino’s Pizza, as the Court ultimately held that the pizza chain cannot be held liable for such an unforeseeable, random event as that detailed below.
In 2013, a Jefferson County jury awarded $32 million to the estates of a married couple killed in a head-on collision caused by a Domino’s Pizza delivery driver. According to the facts presented at trial, the driver inexplicably crossed over the center line of a two-land roadway, killing the oncoming driver and passenger. After tying the driver’s misconduct to his employer, the jury concluded that Domino’s was ultimately responsible for the Read more . . .
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Chandler, Mathis & Zivley, PC has offices located in Houston and Lufkin Texas and serves clients throughout East Texas as well as many other states.
*Principal office in Lufkin, Texas