March 13, 2019

When Luck Ran Out: Catastrophe on the Tracks

Q: Is it negligence if a track owner fails to attend to problems at a railroad crossing where multiple accidents have occurred and another vehicle gets stuck and struck there?

Texans know that size matters. At least in terms of personal injury accidents, it does.

Generally speaking, in cases of great disparity the larger, heavier vehicle offers better protection in a collision and its occupants may fare better in an accident. For example, in a pedestrian–car accident, the car always fares better. In a car-bus accident, the bus fares better.

March 13, 2019

Bar Owner Liability: Dram Shop Law Basics in Texas

Liability in a drunk driving accident may go beyond the driver him or herself. Legal responsibility may extend to those who provided the driver with alcohol in some situations. This is important because some insurance companies will not pay for claims when their insured was driving under the influence of drugs or alcohol. In those situations, the driver may not be able to personally pay for all of your losses associated with the accident.

Texas, like all other states, will hold a bar or other drinking establishment legally responsible for a drunk driving accident if certain conditions are met.

March 13, 2019

Rights of Victims in Alcohol-Related Accidents in Texas

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.

March 13, 2019

Invokana Lawsuits: Miracle Diabetes Medication or Defective Drug?

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.

March 13, 2019

Millions of Defective Catheters Recalled

How does the FDA’s 501(k) clearance rule put consumers at risk?

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.

March 13, 2019

Another Day, Another Samsung Recall

Everyone knows laundry day is dull; but an exploding washing machine is hardly the solution to the bore of the chore. Hot on the heels of the Samsung Galaxy S7 explosion issue, the company is now facing a slew of claims that their washing machines contain a similar malfunction – which has dangerous property damage and increased risk of injury. As a result, the company voluntarily recalled three million washing machines in early November, and have warned users to immediately stop using the product until a replacement can be installed.

According to consumers, a malfunction in the drum of the machine can cause the lid to “violently” pop off, which could severely injure anyone standing nearby. In the words of one individual with the issue, the lid popped off violently it actually penetrated the wall of her garage.

March 13, 2019

Pilots Nationwide Urge U.S. Supreme Court to Review Product Liability Lawsuit

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.

March 13, 2019

Drug Used to Treat Rheumatoid Arthritis Has Caused Many Deaths

Why don’t the warning labels on Actemra list its most dangerous side effects?

According to a June 7, 2017 report, Actemra (tocilizumab), an FDA-approved medication manufactured by Roche/Genentech for the treatment of rheumatoid arthritis, has been associated with the deaths of more than 1,000 patients. Especially troubling is that the causes of these deaths are not listed on the drug’s label as among the drug’s potential side effects.

Frightening as this is for patients who have been prescribed Actemra, it is, unfortunately, not an isolated situation. Over the years, a number of theoretically “safe” medications have resulted in serious unpredicted side effects, sometimes resulting in the deaths of unsuspecting patients.

March 13, 2019

Texas Woman Gets Walmart Premises Liability Lawsuit Filed in the Nick of Time

A recent personal injury lawsuit involving mega-retailer Wal-Mart serves as an important reminder of the importance of the state statute of limitations. The lawsuit, which was filed just days before the two-year deadline for injury claims, sets out a series of factual allegations against the store which could possibly result in a lucrative resolution for the plaintiff. However, had the plaintiff missed the deadline – no matter how inadvertent – the law generally imposes a bar on recovery, provided certain “tolling” defenses are not available.

According to the complaint, the plaintiff was shopping in a Beaumont-area store in April 2015 when she