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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

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?

Issues of proof in common causes of car-truck accidents

The adage "time is money" is axiomatic in business, and one of the aspects in which it manifests itself most frequently is in the delivery process. These deliveries often involve commercial trucks that transport goods throughout the supply chain all the way from the manufacturer to the individual consumer.

An unfortunate side-effect of adhering to the principle that faster delivery means improved profitability is the temptation of some companies and individuals to cut corners by sacrificing safety for speed. It is certainly possible to compress time and reduce costs by cutting back on truck driver training, by pressuring the drivers to push the limits of safe driving speeds or, in long-haul situations, by pushing the limits when it comes to the number of hours drivers spend behind the wheel between rest periods.

Drones becoming the new frontier in aviation liability law

They go by different names: unmanned aerial vehicles and drones. Increasingly they are taking on all manner of shapes, from conventional airframes, to helicopters, to hybrids; between the two, with some hardly recognizable as aircraft. Once the province of the military and law enforcement, drones are increasingly making headway into commercial uses and even into the hands of private enthusiasts.

The next leap in aviation technology may indeed take the form of aircraft that have no passengers. Indeed, the revolution may already be well underway. And that has some people concerned at the prospect of increases in the risks of accidents as the skies become more congested with pilotless aircraft.

Up-to-date information about a dangerous product can save a life

It may seem like you hear about them on the news almost every day. A car has been recalled due to a defective airbag that sprays metal parts like shrapnel when it inflates. A baby stroller has been recalled due to a faulty hinge that can cause the stroller to collapse or to amputate fingers. A warning has been issued about laundry detergent pods because children eat them because they look like candy.

But what about the lesser-known risks that are not significant enough to be reported by the national news media? How do you know if you have a potentially dangerous product in your possession? Or, how do you know whether a product that has already caused damage or injured someone is on the recall list?

Causes and consequences of traumatic brain injury

A minor collision between two vehicles in Texas can result in serious injuries or death for the driver or passenger who suffers a blow to the head. According to statistics from the Centers for Disease Control and Prevention, motor vehicle accidents pose the greatest risk of traumatic brain injury in teenagers and adults up to 44 years of age.

Traumatic brain injury accounts for 30 percent of all deaths due to injury in this country. Survivors of a TBI may face an extended recovery period with rehabilitation and long-term care. Long-term effects of TBI may include personality changes, impaired memory, depression, hearing and vision impairment, and diminished cognitive skills.

Airbags allegedly causing consumer death instead of saving lives

After seat belts, the most touted safety device in motor vehicles over the past few decades has been the airbag. Considered by many to be a life-saving device in many types of accidents, they are still subject to certain limitations.

For example, in most cars, an option is available to disable an airbag when a young child or someone else who might be injured is in the seat when the airbag inflates. But several lawsuits are now alleging that the airbags themselves can be deadly, even to an adult driver.

Aviation accidents require specialized legal knowledge

In an effort to calm nervous passengers about to take a flight, people often mention how rare plane accidents or crashes are. The fact that a plane crash often gets so much media attention can be linked to how uncommon they are, but it may also be because they are almost always very serious and the likelihood of permanent injury and death to the crew and passengers is increased because of the speed at which an airplane travels.

A plane crash can occur for many reasons that can be traced to the negligence or carelessness of the people charged with your safety as you fly. Weather conditions may make flying hazardous, the airlines may ignore warnings that it is particularly dangerous to fly in order to maximize profits, or a negligent pilot may fail to land the plane safely. If you are injured as a result, you may be able to obtain compensation for the injuries you have suffered.

Children's products can be defective and dangerous

It's about that time of year when parents across the country are searching for the best toys to give their children for the holidays. Perhaps a mom is looking to buy some products for a new baby.

Simply put, it's important to be an educated consumer. Unfortunately, product designers and manufacturers are not immune to creating faulty products that can severely injure children. A recent article discusses the top five dangerous recalled child products.

Motorists' products liability concerns may extend beyond vehicles

In many products liability actions involving motorists and their vehicles, some defect in the vehicle itself is the focus of the products liability suit. The ongoing General Motors investigation referenced in this blog in a previous post is a recent example of this phenomenon. But sometimes the defective product is not the automobile itself, but a part of the infrastructure that drivers must travel.

A guardrail manufactured by Trinity Industries, Inc. has been the subject of lawsuits filed in several states, including Texas, alleging that an alteration made in the guardrail to save money has resulted in the deaths of four people and has contributed to injuries for ten others.

Brain injuries can require expensive, long-term rehabilitation

Any type of injury can cause anxiety for a patient and his or her loved ones. But certain types of injuries seem to cause even more concern. Brain injuries are one of those. Because the brain basically affects everything else that happens in the human body, an injury to that organ can be among the most serious that someone can suffer.

Because of the potential for permanent damage from a brain injury, a diagnostic tool has been developed for the use of medical professionals examining a person with a suspected brain injury.

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