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Texas Personal Injury News

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 . . .


Tuesday, April 19, 2016

Mineral Royalties Lawsuits Rising from the Oil Bust


What is the value of CO2 in the oil sector?

There are vast numbers of mineral rights owners in the state of Texas and elsewhere in the Southwest, some of whom have been bringing lawsuits against energy producers for not paying the proper royalty compensation. Recently, a Denver resident, Jack Grynberg, was awarded $1.5 million by a Texas jury which found that ExxonMobil failed to act in good faith in connection with royalty payments for CO2 rights. Mr. Grynberg owns royalty rights on federal lands in southwest Colorado that has large reserves of the gas.


Read more . . .


Sunday, April 17, 2016

Volkswagen Facing Deceptive Practice Claims by the FTC


What is the fallout from VW's diesel emission controversy?

As has been widely reported, Volkswagen Group was found to have rigged its line of diesel vehicles with computer software designed to cheat emissions tests. The German automaker has been the target of a criminal investigation, as well as a wave of lawsuits. Now, the Federal Trade Commission is also on the case having accused VW of deceptive practices for falsely advertising its diesel vehicles' significantly reduced emissions.

Deceptive and Unfair Practices

The FTC has enforcement authority to protect consumers from deceptive and unfair practices. These practices include misrepresentation, false advertising and other deceptive, fraudulent or unethical methods utilized to obtain business.


Read more . . .


Tuesday, March 29, 2016

Years After Officer's Death, Texas County Sues His Family for Medical Expenses

Does the statute of limitations bar a county from trying to recover medical costs after waiting for five years?

In 2010, a Texas sheriff's deputy responded to a call seeking assistance with a traffic stop of a possible stolen car. With flashing lights and siren on, he sped to the scene but, en route, had to swerve to avoid soundproofing that fell off a flatbed truck. Gravely injured, he died eight days later in the hospital.

The deputy's father and son both sued the company that owned the flatbed truck and its driver. The deputy's widow settled with the company separately, out of court.

Years later, Fort Bend County has sued the widow and her two children seeking recovery of $300,000 in medical costs it paid when the officer was hospitalized before his death.

The county says it "is entitled to the first monies paid by any third party," notably the funds the trucking company to paid the victim's family.

Attorneys for the victim's family say that the county missed its chance to sue and is now barred by the statute of limitations, which, they say, expired two years after the accident. There were, say the attorneys, at least two previous opportunities for the county to try to recover the medical costs, but now, five years on, it is too late.

A local petition drive has expressed outrage that the county is seeking reimbursement from the late officer's family and has called upon Fort Bend to drop the suit. The county insists it is duty-bound to try to recover taxpayers' funds. The family of the victim, however, regards the lawsuit as "a sucker punch.” As of this writing, the case was still moving forward.

Surviving a personal tragedy emotionally is, sadly, often only part of the challenge. Often a pitched legal battle ensues over fair compensation for plaintiffs, with defendants launching unexpected defenses and counterattacks. If you have suffered from the carelessness or wrongdoing of others, it is important to have an expert personal injury law firm on your side to help you gain and keep the upper hand.


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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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