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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

Different ways that a products liability claim can arise

Most of the time when products liability cases make the news it is in the context of sensational stories of product recalls, injuries and even deaths. But in Texas the way that the products liability statute is written, there are several ways in which products liability can occur, some of which may not seem immediately apparent.

It is helpful to consider possible products liability actions in two ways: who can be liable, and what they can be liable for.

FAA regulations seek to reduce aviation accident risk

Drones and unmanned aerial vehicles were the subject of a posting last month in which we discussed their increased popularity amid concerns from pilots of conventional aircraft and government officials about the role they could play in causing an aviation accident. Since that posting, the Federal Aviation Administration has issued proposed regulations on their commercial use.

The new federal rules would limit the speed of drones to 100 mph or less. Drones would not be permitted to fly above 500 feet, and they could weight no more than 55 pounds. 

What damages may a Texas car accident victim recover?

There is no magic formula for judges and jurors to use when a Dallas car accident victim makes a claim for compensation for pain and suffering, medical expenses and lost wages. Each case is different, so the law leaves it up to jurors (or a judge, if a lawsuit is heard without a jury) to arrive at a fair amount based on the evidence presented at trial.

Compensation for a personal injury suffered in a car crash is a complex area of the law that includes issues about the use of evidence to persuade a judge or jury about the amount that should be awarded. This post is only an overview of the topic. It is not offered or intended to be relied upon as legal advice, which should only be obtained from an attorney.

TxDOT data shows Texas leads nation in wrong-way car accidents

Common sense would dictate that any possible option to avoid or reduce a certain type of deadly highway accident would have a high priority on the desks of highway safety administrators. But in Texas, and specifically on North Texas roads, officials apparently need years of convincing to implement some measures even though the data indicates a high number of accidents related to the existing problem.

The issue involves wrong-way driver car accidents in Texas. The problem is that solutions that seem to have made a difference in other states have not had the same influence in Texas.

Statewide texting and driving ban on legislative agenda in 2015

As one year closes, another legislative session is slated to begin. Some concerns are already on the table for the 84th Session. One of the most prominent is a statewide ban on texting while driving.

It would be hard to dispute the dangers of texting and driving given the statistics that are reported by public safety officials. Yet one issue is how far the government can go in regulating such activity. Some special interest groups even go so far as to call interfering with a person's cellphone use an invasion of personal privacy. But as with many legal issues, the privilege of privacy must be weighed against the public interest.

NFL brain injury settlement still under review by federal court

On the topic of brain injuries, few developments have garnered more attention recently than the concussion controversy in the National Football League. For almost a year and a half, courts have received filings from approximately 5,000 former football players alleging that to increase their profits league officials hid the dangers of concussions in the sport.

At this point in the case players who were diagnosed with chronic traumatic encephalopathy before the existing settlement was approved in July are eligible to receive up to $4 million in compensation, depending on the extent of the injuries that they can prove. Anyone who claims or proves that he had CTE after July of 2014 is not eligible for any portion of the settlement.

Dangerous children's toys present a holiday hazard

The Winter holiday season has become inextricably linked with gift-giving, especially with parents giving gifts of toys for their children. Given modern-day consumer product safety laws and modern manufacturing methods, it can be tempting to believe that hazardous children's toys are a thing of the past. This is, however, a dangerous temptation to adhere to.

It is an unfortunate fact that unsafe children's toys remain on store shelves in Texas. Their presence can be traced to a number of contributing factors: poorly conceived designs that use small parts that pose choking hazards, otherwise safe products that are poorly manufactured, and products made with hazardous materials including dangerous chemicals. Sometimes these problems are the result of toy manufacturers trying to maximize profits by cutting corners; other times the problem in a seemingly safe item may not become apparent until after a child is injured.

How far does product liability of a seller stretch?

Defective products made or sold in Texas can cause injuries and even death. Product liability law is based on the assumption that those making and selling these products have a duty to protect the consumer. Generally, the product ought to meet the ordinary expectations of a person who uses it. When an unexpected defect or risk harms the consumer, then the law may require the manufacturer or seller of the product to compensate the consumer.

There are, however, qualifications to seller's product liability. The seller is not necessarily liable for defects in the product; after all, it may be unreasonable to hold the non-manufacturing seller liable for mistakes made by someone else during the item's design or manufacture.

Delayed-effect injuries: how they can occur and what you can do

It is often the case that large things have small beginnings. This can be the case when you have been in what may at first seem to be a minor car accident with another vehicle. For instance, a low-speed, rear-end accident, caused when the driver behind you becomes distracted, may only cause a small scratch on your bumper. You get out of your car, spend a few minutes swapping insurance information with the other driver, and that's that. Or so it seems.

A few weeks later you start noticing things: soreness in one of your shoulder and arms or pain when you turn your head in one direction. For some reason, your fingers in that sore arm seem to be going numb. At first you wait, hoping that the problem will get better on its own. 

Can I file a product liability lawsuit for a pre-owned product?

It is common sense to say that a maker of a product, and in some cases the person or business that acts as the retailer between the maker and the consumer, is probably liable to whoever buys the product new. This liability can take the form of a warranty claim if the product has a warranty and is still within its warranty period, but, sometimes, even if the product does not have an express warranty, the law may place upon it an "implied" warranty, such as a warranty for fitness for the general purpose for which the item is to be used.

Product liability is another potential avenue that a consumer can explore if he or she suffers harm from a new product. But what about used items? Does Texas product liability cover a second or later owner?

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