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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
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Mesquite Personal Injury Law Blog

Another Texas aviation accident has officials looking for a cause

When a car crashes on a Texas highway, the cause of the accident is usually readily apparent. The driver says he or she was going too fast for the weather conditions, or an animal darted across the highway in the path of the vehicle. The immediate aftermath of a plane crash or helicopter accident frequently has officials awaiting the results of an investigation before assigning cause or blame.

Such is the situation representatives of the Texas Department of Public Safety find themselves in following the emergency landing of a private twin-engine plane in a grassy area next to a road. The 63-year-old pilot and his two passengers were taken to a local hospital for medical treatment of their accident injuries. 

Physical, psychological factors make burn injuries hard to treat

If you are involved in a car accident that results in severe burns, the burn injuries themselves – manifested in skin and other tissue damage – are serious in themselves. But what can make a burn injury even more difficult to treat are the additional medical and psychological issues that frequently arise in connection with them.

Physical complications: among the additional physical consequences that you can experience resulting from a burn injury are increased susceptibility to infections, including most notably a bacterial infection known as sepsis which can become life-threatening; hypovolemia, or low blood volume; inability to maintain body temperature due to the loss of skin tissue; respiratory problems; joint and bone problems arising from damage to muscles and tendons; and scarring. All of these can require additional and frequently expensive medical treatment, which often must be provided by specialized doctors and burn treatment facilities.

Texas doctor believes poor vision could lead to pilot error

Each and every day, Mesquite optometrists see patients whose vision is declining. Whether it is caused by the aging process or by disease or injury, failing eyesight that can be corrected with glasses is normally not a life-changing event. An optometrist in Texas now reports that strict FAA regulations could end the career of a commercial pilot whose eyesight is less than perfect.

At least one retired pilot admitted that concealing a medical condition to avoid being grounded is something that pilots have been known to do. The eye specialist said that he has seen personality changes in some of his patients when has informed them that their failing eyesight cold mean the end of their careers as pilots.

Product recalls are not limited to automobiles

2014 was a bad year for several car manufacturers, which had to issue recalls of vehicles for a variety of safety-related problems. Indeed, most of the time the term "recall" is associated with defective car parts such as faulty ignitions or airbags that do not inflate properly.

But a "product" can be much more than just a car, and for mass-marketed products that are discovered to have something wrong in their manufacture a recall may be the only way for the manufacturer to try to limit its potential liability. This is the situation being faced by Blue Bell, a food products manufacturer that has had to issue two recalls in the month of March.

Does "negligence per se" apply to car accidents in Texas?

The act of driving a car requires the person behind the wheel to observe a wide range of traffic safety laws, which govern activities like speed limits, right-of-way, acceptable turns and passing, insurance requirements, and much more. All of these laws can be found in Texas statutes.

Violation of traffic laws can lead to criminal sanctions ranging from speeding tickets to prison sentences. But in a civil negligence action, can another driver's violation of one or more traffic laws be something that you can use as evidence of negligence? The answer appears to be that yes, you can.

Texas statute of limitations for personal injury claims

A statue of limitations is a time limit within which an injured car accident victim must sue a negligent driver. A lawsuit filed after the statute of limitations expires could lead to the dismissal of the case.

Time limits for filing personal injury lawsuits in Dallas and other parts of the state are established under Texas law. For injuries suffered in an auto accident, the two-year general personal injury limitation applies. Someone suffering personal injuries due to the negligence of a reckless driver, a drunk driver or a distracted driver must file a lawsuit within two years from the date of the accident or risk losing the right to obtain compensation from the responsible party.

Wrongful death and survival actions in Texas

When someone dies in a fatal car crash, or in any accident caused by the negligence of another party, family members of the deceased family might have a right to compensation.  Under the Civil Practice and Remedies Code of the state of Texas, the spouse, child or children, and the parents of the accident victim may make a claim for damages against whoever caused the death. This is known as a wrongful death claim, and the lawsuit filed to pursue the claim is referred to as a wrongful death action.

Wrongful death claims only exist because of the legislation creating them. This means that brothers and sisters of a fatal boating accident victim do not have the right to sue for wrongful death because they are not one of the relatives specifically named in the statute as having that right. 

What are some types of traumatic brain injuries?

Not that long ago we posted about the general causes and consequences of suffering a traumatic brain injury, but what about some of the specific kinds of such injuries? How many variations are there, and how may they relate to possible negligent causation?

Most often, traumatic brain injuries are those resulting from a fall (about 40 percent), or from another source of a blow to the head, including vehicle accidents or physical assaults. Depending on where they happen, injuries resulting from falls may give rise to premises liability, related to claims of negligence if the injury takes place on the property of another; brain injuries from traffic accidents may contribute to an action for negligence; and physical assault-related injuries can result in a civil cause of action for battery.

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. 

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