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Verdicts & Settlements
  • Smalley v. Koch Industries; Koch Pipeline - a wrongful death case
  • Waldrip v. U-Hall - a personal injury case
  • Wiles v. Ford Motor Company - a products liability case
  • Bjerke v. Pierce Mortuary
  • Kahl v. Licker - a wrongful death case
  • Knight v. Dr. Steele & East Texas Anesthesiology
  • Kenyon v. Jerry Mooty, Jr. - a personal injury case
  • Avance v. H.B. Zackry Co. et al. - an automobile accident case
  • Burns v. Caterpillar - a products liability case
  • Skrine v. Victory Gym & Fitness - a personal injury case
  • Castleman v. America's Favorite Chicken - a work injury case
  • Pinales v. HI LITE Industries - a chemical injury case
  • Ogburn v. Sanmina-SCI Corporation - a personal injury case
  • Dunlap v. Excel Corporation - a personal injury case
Areas Of Our Practice

Mesquite Personal Injury Law Blog

The FDA role in drug recalls

Government agencies in Texas and at the federal level regulate and monitor the safety of drug products. When safety considerations become serious enough such products can be subject to voluntary or mandatory recalls, and in the latter case the Food and Drug Administration can order a prescription drug recall in its own volition. Whether the recall is voluntary or is done at the behest of the FDA, the agency oversees the recall and determines when or whether the defective product is safe to again be offered to the public.

One way that an unsafe product can come to the attention of the FDA is through the Centers for Disease Control and Prevention. When a national health issue comes to the attention of the CDC involving a food, drug or cosmetic product, that information is also brought to the attention of the FDA. The FDA also becomes aware of defective products through notifications from product manufacturers and from inspections conducted by government agency employees.

Joint and several liability in Texas torts

If you are involved in a car accident with one other car, then the issue of who was at fault will boil down to application of the Texas law of comparative negligence to the facts of the accident. But what happens if more than one other driver was involved in the accident, and two or more of them caused your harm? How does the law work in this situation with regard to allocation of fault?

It used to be, under the "common law" doctrine of joint and several liability that a legal theory known as joint and several liability would apply. This meant that as a plaintiff against multiple defendants you could collect part or all of your money damages from any one of multiple defendants, or from any combination of them. For example, if two other drivers were at fault for the accident, and the jury found that one of them was 70 percent at fault and the other was 30 percent to blame, joint and several liability would have allowed you to recover the entire judgment against either of them individually or to pursue damages against both.

Causes of aviation accidents according to the FAA

It’s almost like a word-association game when we think about airplane accidents. When you hear “aircraft accident”, it’s almost reflexive to respond, “pilot error”.

But is that always the case? Or are other, less commonly thought of sources more likely to be at the root of such mishaps? According to information from the the Federal Aviation Administration, which constantly gathers and analyzes information connected to aviation accidents in Texas and across the nation, there are in fact several common ways in which such accidents can originate.

Head-on collision raises potential survival claim issues

There always exists the potential for a car accident to turn fatal, especially in situations such as a head-on collision. This is precisely what happened in South Austin recently when two vehicles struck each other when a passenger car traveling northbound in an intersection apparently crossed into the southbound lane, where it ran into a sport utility vehicle.

The driver of the wrong-way car died at the scene of the accident. The SUV driver had to be taken to a local hospital with serious injuries.

Brain injuries pose medical as well as legal challenges

Injuries resulting from an accident that the fault of which is attributable to someone else, or from a reckless or even purposeful act, can result not only in financial losses but also in forced changes to the way that you and your loved ones live. Nowhere is this more true than in the case of a traumatic brain injury.

Traumatic brain injuries can create challenges in a number of ways. Their manifestations can prevent you from working, thereby reducing if not eliminating your source of household income. The specialized medical treatment that they require can take a long time – sometimes even for the remainder of the victim’s life – and that can lead to burdensome if not devastating medical bills that your medical insurance may not cover completely.

Understanding Texas’ drunk driving laws

No matter what state you drive in, driving while intoxicated is illegal. But every state has their own laws regarding alcohol limits and punishments. While even driving with a buzz can be highly dangerous, it is important to understand what constitutes as drunk driving in Texas.

Like many other states, Texas defines driving while intoxicated, or DWI, as driving with a blood alcohol content of 0.08 percent or higher — if you are of legal drinking age. For minors, any detectable amount of alcohol on your breath is enough to be charged with an underage DWI. In addition, Texas has an open container law, meaning you cannot have an open bottle or can of alcohol in the car while driving.

Amusement park injuries

They say everything’s bigger in Texas, and that includes amusement and water parks. Many Texans love a good roller coaster or water slide to cool off in the summer. Yet, injuries can happen at these places. It is the responsibility of the park owners to make sure they do not. When they neglect this obligation, they may be held liable, especially if the accident results in wrongful death.

While customer interactions (such as a fight) are typically not the responsibility of the park, faulty rides and other hazards are. One of the most common incidents is a roller coaster or other ride getting stuck. Many times, this is simply chalked up to an inconvenience. But if a ride going 60 miles an hour suddenly comes to a stop, a potentially deadly brain injury could result. In the same light, other rides, like swings, that are not properly secured could result in catastrophic injury.

New Texas legislation may affect wrongful death claims

The Texas legislature has recently passed two new bills that can have an influence on the ability of non-state residents to file wrongful death claims in the state as well as the circumstances under which a defendant's net worth can be determined for purposes of assessing punitive damages.

House Bill 1692: This bill will change present Texas law concerning improper legal forum considerations. Up to now, even if the incident underlying a lawsuit did not take place in Texas, a Texas trial court still could not entertain a defendant's motion to dismiss the case as long as at least one plaintiff in the action is a legal resident of the state. 

Takata airbag recall: cost concerns took priority over safety?

You may be dating yourself if you remember the Ford Pinto. It was an economy car produced in the early 1970s that turned out to have a serious defect: when involved in a collision in which it was struck from behind, problems with its fuel system design meant that gas tank tended to explode. What made the Pinto legendary in the annals of product liability was that it turned out that the manufacturer knew of the defect, but chose to do nothing to correct it based on a simple cost calculation: the amount of money that the company expected to pay out in personal injury and wrongful death damages connected with Pinto gas tank fires was significantly less than it believed it would cost to recall the cars and fix the problem.

Fast forward to today, and it may be that we are witnessing another developing product liability case that involves a similar cost-benefit calculation: weighing the financial burden of correcting a design defect against the anticipated costs in terms of loss of life and pain and suffering from doing nothing about the problem. 

Could a brain injury affect your child’s sleep?

Growing up with cuts, bruises and knots on the head from playing outside are sometimes considered summer trophies for kids. And while most of the time these minor injuries simply heal themselves within a couple of weeks, some have a more lasting effect — and are often the least noticeable.

A recent study has shown that head injuries resulting in brain trauma (concussions) can potentially affect a child's sleep for the rest of their lives. These types of injuries, often caused by falling off a bike or playing a physical sport, are shrugged of much of the time by parents and coaches alike. But the old adage of kids healing faster does not seem to hold as much water.

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