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Texas Personal Injury News

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 . . .


Tuesday, June 14, 2016

PayPal Settles Deceptive Practices Claim


How did PayPal violate the Texas Deceptive Trade Practices Act

PayPal's Venmo money transfer app has gained popularity with consumers who prefer to transfer funds on a wide range of transactions rather than relying on credit and debit cards. Unbeknownst to them, however, PayPal was sharing information about their phone contact and user information.

The Texas Attorney General filed a suit against PayPal alleging the company violated the Texas Deceptive Trade Practices Act (DTPA) for not clearly disclosing how it would share information about consumers' phone contacts, transactions and interactions with other users.


Read more . . .


Tuesday, May 31, 2016

Past Owner Sued for Premises Liability


Can a past owner be held liable for an update made to property while under its ownership?

In a recent complex litigation, Occidental Chemical Corporation v. Jason Jenkins, after differing opinions between the trial court and the appellate court, the Texas Supreme court decided for the defendant, concluding that " a claim against a previous owner for injury allegedly caused by a dangerous condition of real property remains a premises-liability claim, regardless of the previous property owner’s role in creating the condition.”

How It All Began

The story begins with a serious accident in 2006 when Jason Jenkins, the plaintiff, was working at Equistar Chemicals plant in Bayport, Texas, and was partially blinded when an acid-addition system machine sprayed acid into his face. Jenkins and his attorneys became aware that the company that previously owned the premises, Occidental Chemical Corporation, had been responsible for designing and constructing the acid-addition system while it still had ownership of the premises in 1992. Because it was this added-on system that caused Jenkins' devastating injury, he sued Occidental rather than Equistar.


Read more . . .


Friday, May 6, 2016

Johnson & Johnson to Pay $502 Million Over Flawed Pinnacle Hips

What is the latest news over J&J's hip replacement failures?

Medical device maker Johnson & Johnson was recently ordered to pay $502 million in damages to 5 patients over flawed artificial hip devices sold under the Pinnacle brand name. The defective devices were sold by J&J's Depuy unit, and a federal-court jury in Dallas found that company officials were aware of the flaws but failed to warn patients and doctors. In a product liability case, failure to warn is a key element in a successful lawsuit.



Read more . . .


Monday, May 2, 2016

Invokana Linked to DKA and Kidney Damage in New Lawsuit


Can you be compensated if you suffered from the serious side effects of a drug?

You are a type-2 diabetic and you need some help managing your symptoms. So, your doctor recommends a new drug that many of his patients have been having a good experience with. He tells you that there may be some side effects but you think to yourself “not me.” Think again! You start experiencing the symptoms of a blood disorder and having kidney problems and your doctor tells you it is from the medication you have been taking. What are your rights? Well, you can bring a lawsuit like a woman from Texas recently did after being seriously impacted by the new drug


Read more . . .


Sunday, May 1, 2016

Confusing Arbitration Clauses


What a difference a clause makes

Eager to avoid the expenses and delays associated with litigation, an increasing number of businesses are turning to arbitration to resolve their disputes. Some are finding, however, that arbitration is not always the smooth, cohesive process it is designed to be. Arbitration clauses, for instance, can be troublesome; seemingly insignificant word choices can mean the difference between a few months of arbitration and an extended courtroom battle.

What is the difference between these two common commercial arbitration clauses?

Any dispute, claim or controversy arising out of, or relating to, this agreement shall be determined by arbitration in New York City before one arbitrator.

Any dispute, claim or controversy concerning the interpretation or enforcement of this Agreement shall be determined by arbitration in New York City before one arbitrator.


Read more . . .


Wednesday, April 20, 2016

Cell Phone Use Involved In Texas Crash Leading To Jury Award


Can you be awarded damages if you were injured in an auto accident that involved call phone use?

Automobile accidents are one of the most common causes of injury and death in the United States. The use of cell phones has made driving much more dangerous activity than it once was.  It is estimated that drivers distracted by cell phones cause as many as one quarter of the country’s car crashes every year.
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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