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Personal Injury

Wednesday, November 28, 2018

Feds Claim Protection from Sutherland Springs Liability Under the Brady Act


The Federal government has filed a motion with the intent to dismiss several lawsuits filed against the United States Air Force by victims of the Sutherland Springs massacre. It is claiming that a law that was intended to prevent gun violence also shields them from any liability.

What Happened?

On Nov.
Read more . . .


Monday, November 26, 2018

A “Never Event” Leads to Malpractice Suit


What is a “never-event”?

Some people have no luck--on the road or in the operating room.

If you are a victim of a car accident, you could be facing months, years, or even a lifetime of medical treatment, surgeries and rehabilitation as a result of the injuries you suffered. You may not be able to work in your current occupation for some time, if ever.

If the injuries were caused by the reckless, negligent, or intentional actions of another person or entity, you can commence a Read more . . .


Saturday, November 3, 2018

Houston Leads Country as Deadliest Major Metro Area for Crash Fatalities

According to the Houston Chronicle’s analysis of 16 years of federal highway data, Houston is the deadliest major metro area for car crash-related fatalities. Each year, 640 people are killed and 2,850 people are seriously injured. Despite the sheer number of people losing their lives, not much has been done in the way of preventative or increased safety measures. The extent of it is generally just an occasional warning from public safety officers.

Houston Places in Top Half for All Weakness Categories

The Chronicle shows that the region is also leading the country in fatal crashes that involve drugs or alcohol. Out of the 12 largest regions in the country, it is also number two for crashes per capita on federal highways. Out of those 12 regions, only Houston places in the top half in all categories regarding weaknesses.


Read more . . .


Wednesday, October 31, 2018

The Clock Is Ticking


When you have been injured, the only thing you should have to focus on is getting better. But of course that is not how the world works. There are bills to pay, family members to take care of, and the boss wants to know when you will be back on the job.

Amidst all the hustle and bustle of life and the struggle to recover you may lose your chance to seek damages from the party that caused your injury. That is why it is critical to talk to an experienced Read more . . .


Monday, October 29, 2018

Texas Dram Shop Laws Impact Personal Injury Lawsuits


What are Dram Shop Laws?

While state laws differ, the general premise of personal injury law holds that those who injure others through their negligent, reckless, or intentional actions or inactions are responsible for the victim’s damages. In a nutshell, if something you did (or failed to do) hurt someone else, you could be civilly sued for monetary damages.

Sometimes, in unique situations, one or more additional persons or entities-- which are a bit further removed from the incident between the victim and the person who injured them-- may also be held partially responsible for the victim’s injuries.
Read more . . .


Friday, October 26, 2018

Mother Accuses Church of Negligence in Minister’s Molestation of her Son

The mother of a young boy who was molested by a former youth pastor is now suing the church for fraud and negligence, alleging that it aided and abetted the abuse.

Julia Davis’ son was abused by Dalton Lanphier, former youth pastor of Trinity Life Baptist Church. In 2016 he was convicted of multiple felony counts related to child sexual assault and was sentenced to 30 years in state prison.

The Abuse Begins

According to Davis’ complaint, Lamphier first began abusing her son when he was in middle school. He allowed him to drive his car and used the opportunity to gain his trust, and abuse him. As the lawsuit states, “through his position as youth minister, Lanphier came to know and gained access to minors and their families. Lanphier then used his position to sexually molest, abuse and assault minors.”

The Church Owed a Duty of Care

Also according to the lawsuit – filed in Dallas County district court in August, and seeking more than $1 million in damages – stems from the fact that the church “owed a duty to protect children from Lanphier, a sexual predator working as a youth minister.” The church has asked to move the suit to federal court.

Lanphier began working for Trinity Life Baptist Church as a youth minister around January 2014. According to the lawsuit, over the next several months, Lanphier used his leadership position at TLBC to routinely visit Brown Middle School in Forney, Texas, during lunchtime, where he would entice students into his vehicle with the lure of allowing them to drive around the campus parking lot” before sexually assaulting them.


Read more . . .


Thursday, October 25, 2018

Defective Injectable Drug Blinds at Least 68 People


Who is liable for the blinding of the 68 cataract surgery patients?

Alarming stories have emerged from dozens of patients who were treated at a Dallas eye center for cataracts, only to end up blind.  One 57-year-old man underwent cataract surgery in 2017. After the procedure, the patient was injected with a medication intended to speed up healing.  Weeks later, the truck driver found himself blind in one eye. He is far from the only patient to experience vision loss after surgery in the Dallas area.
Read more . . .


Sunday, September 30, 2018

State of Texas Data Reveals Vaccine Exemptions have Quadrupled Over Last Decade

One of the longest running medical debates surrounds the use of vaccinations. While some parents have no issue with vaccinating their children, while others are unhappy with the government mandating their children’s medical decisions.

Conscientious Exemptions

More and more, the state of Texas is receiving conscientious exemptions from state-mandated vaccinations. Last year alone, more than one percent of Texas students – both public and private schools – received such exemptions. Last year’s numbers are very telling, as the state saw four times as many exemptions as the 2007 – 2008 school year. According to state data, this rate has increased every single year since then.


Read more . . .


Monday, September 17, 2018

Fewer People Want Self-Driving Cars After Uber Accident

Are self-driving vehicles safe?

Many of us have long dreamed of the day when we could stretch out in the backseat while our car seamlessly drives us to our destination. Mass production of fully autonomous cars is just around the corner, but with the technology so near, now public support is waning in the wake of the serious Uber accident. As more self-driving vehicle accidents happen, and the public continues to fear these innovative new vehicles, the quest to release a fully autonomous car to the public could stall.

The Arizona Uber Accident

Self-driving cars are touted as being far safer than traditional automobiles. Statistically, driver error is the number one cause of..


Read more . . .


Tuesday, August 28, 2018

Maritime Accident Lawsuits Require Special Legal Training

Q: Who is responsible for maritime accidents?

Texas offshore accident attorneys help those working offshore obtain compensation for injuries experienced while working on a shipping vessel, boat, barge, fishing boat, yacht, or oil rig as provided under a federal law called the Jones Act that protects seamen. This law allows injured seamen to seek compensation from their employers where the captain, crew, or vessel owners’ negligence caused the worker’s injury.

Sometimes, non-workers are also injured or killed in maritime accidents.


Read more . . .


Thursday, August 23, 2018

Houston Police Encourage Exceeding Bike Safety Laws

During a recent news conference in Houston, Texas, the police demonstrated how they enforce the city’s Safe Passing Ordinance, a law passed in 2013, which requires that drivers give bicyclists at least three feet of space when passing them.

The police explained that they enforce the ordinance with the use of a C3FT, a device that is mounted on the handlebars of an officer’s bike. The C3FT works by bouncing ultrasonic waves against passing cares to determine how much space they are allowing when passing.

Vulnerable Road Users and Ordinance Enforcement

To date, 53 people have been sited and 33 others have been issued warnings under the law. Since the ordinance has been passed five years ago, 23 cyclists have been killed in Houston.


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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