Texas Personal Injury News

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.

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.

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

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.

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.

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.
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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.

 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.
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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

The death of a loved one can come as a major shock and surprise, particularly to close family members. When the death occurs at the hands of a hospital or nursing home – which are meant to help heal and protect – the loss can be even more devastating. Thankfully, if neglect is suspected, grieving loved ones have the opportunity to file a wrongful death action against the alleged responsible party.

Earlier this year, a woman from Texas filed a

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.