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Texas Personal Injury News

Sunday, August 28, 2016

Hot Air Balloon Crashes in Texas, Kills 16 People


Was the pilot of the hot air balloon that crashed in Texas responsible?

As idyllic as hot air balloon rides may seem, they involve risks, just like any other form of transportation. As a matter of fact, they appear to involve far greater risks. As far back as 2013, a report by an FAA safety official vigorously recommended that the same level of oversight be applied to the commercial balloon industry as to airplane and helicopter tour companies, but that recommendation has not yet being followed. Stories like the recent one concerning the deaths of 16 people in the crash of a hot air balloon near Lockhart, Texas may give pause to potential passengers who wonder whether the spectacular views are worth risking their lives for.

If you or a loved one has suffered serious personal injury as a result of an accident due to the negligence of another, you have legal recourse to obtain compensation for your medical costs, lost wages, and pain and suffering.


Read more . . .


Saturday, August 20, 2016

Popular Competitive Event ‘Tough Mudder’ Settles Several Wrongful Death Lawsuits


“Tough Mudder” competitions have gained increasing popularity over the past several years, primarily due to the fact these races impart multifaceted obstacles courses and consistent terrain changes – in stark contrast to the traditional 10k or marathon-style race. In a typical Tough Mudder competition, contestants travel across dirt pathways, up hills and through aquatic areas – which are typically laced with dirt and natural debris.

 

In 2013, while participating in a Tough Mudder competition in West Virginia, a young competitor drowned completing the “Walk the Plank” exercise.


Read more . . .


Saturday, August 20, 2016

Who is to Blame for Inmate’s Suicide after Questionable Traffic Stop?


Can I file a claim for damages as a result of my loved one’s death while in police custody or prison?

The current state of heightened tension and violence between members of the public and police officers across America has brought an increased level of stress to both parties involved in a routine traffic stop. Dash-cam footage and amateur videos shared on social media and news outlets bring police officers’ often split-second decisions into question and invite debate on issues including overreaching, profiling, and appropriateness of the use of force.

When a traffic stop goes awry, injuries or death to the public (or the police officer) may result immediately or subsequent to the arrest. What is considered justifiable cause for a traffic stop and proper use of force or restraint during one?  What is the proper standard of care and supervision of prisoners during their incarceration?

These questions are raised in a wrongful death lawsuit brought by the mother of a woman whose traffic stop in July, 2015, for failing to signal a lane change led to her incarceration and apparent suicide by hanging in her Waller County Jail cell three days after her traffic stop.

The mother alleges that the public safety officer, who ordered the woman out of the car and claimed she was combative, overreached his authority during the questionable traffic stop and arrest.


Read more . . .


Monday, August 8, 2016

The Deceptive Practices of Auto Lenders


What is being done to protect consumers from unscrupulous auto lenders?

For many individuals and families, having a car is essential to holding a job, making a living, and taking care of their responsibilities. In most cases, having a safe and reliable car requires obtaining financing from an auto lender, but many consumers become the targets of unfair and deceptive practices which are prohibited by state and federal laws.

Recently, the Consumer Finance Protection Bureau (CFPB) issued separate reports regarding apparent deceptive the practices of auto lenders and complaints made to the bureau about leasing and lending practices .

The consumer watchdog found that advertisements by some lenders for GAP coverage, as well as disclosures regarding payment deferral terms, were deceptive. GAP coverage is designed to cover the remaining balance on an auto loan if a car is totaled, however this coverage typically has loan-to-value limit.


Read more . . .


Tuesday, July 19, 2016

Heartburn Drugs May Pose Health Risks


Can I file a lawsuit against a pharmaceutical company if I am injured by a medication?

A recent clinical study by the Houston Methodist Research Institute indicates that a class of heartburn drugs, proton pump inhibitors or PPIs, put users at increased risk of heart attack, stroke and renal failure. These drugs, sold under brand names such as Prevacid, Prilosec and Nexium, may cause damage to cells in the arteries.

While PPIs are designed to inhibit acid production by cells known as lysosomes, the drugs may also prevent cells from dividing and reproducing, leading to plaque buildup in the walls of blood vessels. In addition to the risk of heart attacks and other maladies, cell damage in the arteries is also linked to dementia and cancer. In the study, where cells were exposed to the PPI Nexium that mimicked long-term usage, researchers also found chromosome damage that is associated with these age-related diseases.


Read more . . .


Tuesday, July 19, 2016

New Jersey Drug Company Pleads Guilty to Selling Contaminated Ultrasound Gel


What was the ultrasound gel sold by a NJ drug company contaminated with?

Pharmaceutical Innovations Inc., a New Jersey pharmaceutical company based in Newark, has recently pleaded guilty to selling ultrasound gel contaminated with bacteria. The gel, used in scans, sonograms, EKGs and similar procedures, makes direct contact with the skin.

How the Case Began

The company was originally targeted by the FDA in 2012. At that time a Michigan hospital reported that 16 surgical patients had been infected with a bacterial pathogen associated with a particular batch of ultrasound gel from Pharmaceutical Innovations.


Read more . . .


Wednesday, July 13, 2016

Texas Trucker Files Lawsuit in Refinery Accident


What are the grounds for a personal injury lawsuit in a refinery accident?

In Texas and Louisiana, refineries play an integral role in the Gulf Coast economy, and these outfits are often drive by profits at the expense of worker safety. Avoidable accidents often occur when hazards and safety issues are overlooked. This appears to be the case in a refinery explosion at a Shreveport-based refinery in April 2015.


Read more . . .


Monday, July 4, 2016

Injuries Caused By Drunk Drivers: Is the bar to blame?


With respect to a restaurant or bar’s duty to protect its patrons, premises liability law unequivocally requires that property owners regularly inspect the common areas and do away with any hazards and dangerous situations. However, what is a bar owner’s duty to protect unsuspecting third parties in the event a patron leaves under the influence and injuries someone on the way home? While states differ on their take on this issue, the Texas “Dram Shop Laws” work to apply to this very situation – and bar owners might not like the answer.

The Dram Shop Law is found in Chapter 2 of the Texas Alcoholic Beverage Code, and specifically holds a bar or restaurant liable for injuries caused as a result of beverage service if: (1) it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and (2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.


Read more . . .


Monday, June 27, 2016

Death by Personal Injury: What Are the Chances?


Though we all know that death will eventually come to us and that, no matter how proactive we are about our health and safety, it may come suddenly and unexpectedly, we have no choice but to go living our lives. At times, we all experience anxiety about the risks inherent in the process. In a world where terrorist attacks have become all too common, we cannot help but worry about being attacked in the midst of any average day: in the mall, the airport, at school, at the movies, in the nightclub. Things that we do less frequently -- like taking trips, going on daring adventures, undergoing surgery, living through extreme weather events -- only raise our level of anxiety.

According to the National Safety Council, many of our worries are disproportionate to the risks involved.


Read more . . .


Saturday, June 25, 2016

Top Causes of Truck Accidents


Can I file a lawsuit if am injured in an accident with a tractor-trailer?

Sharing the road with semi-trucks and tractor trailers in unavoidable, so it makes sense to proceed with caution if you are driving along aside or passing a large truck. Because of their weight and length, trucks can be hard to navigate. Moreover, a tractor-trailer, even traveling at a normal speed, can take a long time to stop. That being said, truckers are required to exercise reasonable care when operating a rig not to injure other drivers.

Truck Accidents at a Glance

There are state and federal laws in place that require trucks to be adequately maintained and inspected regularly.


Read more . . .


Tuesday, June 14, 2016

Snapchat Responsible for Car Accidents and Personal Injury Lawsuits


How does Snapchat contribute to danger on the road?

Across the country, personal injury attorneys are beginning to ask their clients if the car accidents in which they were injured may have involved Snapchat. Press releases and blogs are increasingly pointing out the dangers of the app's speed filter feature which tracks how fast an individual is traveling while taking a selfie. What makes Snapchat photos even more dangerous than other electronic images is that Snapchat photos and videos disappear immediately after viewing, so they demand immediate and complete concentration.

If you are driving and view a Snapchat picture, you are momentarily completely distracted, and, we all know (or should know) it takes only a moment for a serious accident to occur, one in which drivers or pedestrians suffer severe injuries or wrongful death.

Only a few weeks ago, a Georgia resident sued Snapchat and the young driver viewing the device for a car crash that left him with serious brain injuries.


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.
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