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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

Should Cell Makers Prevent Teens From Texting And Driving?

A lawsuit against Apple currently before a Texas court raises an important question about texting and driving: Do smartphone manufacturers have a duty to prevent you from texting while behind the wheel?

The lawsuit stems from a 2013 accident where a young woman who was checking her iPhone while driving crashed into another vehicle, killing a driver and passenger and paralyzing a child.

Woman sues car dealership for wrongful death due to faulty airbag

Buying a used car is a risk people take because previously owned cars are often more affordable than new cars. However, along with their higher prices, new cars carry more assurance that the vehicle is in top condition and safe to operate. If a customer has concerns about the safety of a used car, he or she may simply have to trust the word of the dealer. One woman in Texas feels her family's trust was misplaced, and she is suing a used car dealer for wrongful death.

When a man and his wife purchased a used car from a dealership, they were apparently unaware that problems had been reported with the model's airbag system. The couple did receive paperwork saying that the driver's seat, which contains airbag sensors, had been replaced by the dealership. However, on their way to a family reunion, the couple and their three young daughters were hit head-on by a car crossing the center line. The airbags on the driver's side of the vehicle did not deploy.

Car accidents at intersections can be deadly

Intersections in Texas and across the country are the most likely places for serious accidents to occur. Even if the light is green, a driver would do well to enter an intersection cautiously since car accidents are often caused by people running red lights. If a person is trying to race a light changing from yellow to red, it is likely that driver is accelerating, increasing the potential for catastrophic injuries.

Recently, a 34-year-old man approached a traffic light around 9:45 p.m. Witnesses say the light was red, but the man accelerated, using his car's train horn to alert drivers that he was entering the intersection. His car crashed into the passenger side of another car in the intersection. The 42-year-old driver of the other car died at the scene. The driver who allegedly ran the red light was treated for minor injuries before being jailed on a $100,000 bond.

Texas plane crash takes the life of pilot and passenger

Labor Day weekend is typically spent having the last celebration before summer ends. Many people in Texas gather for picnics or fireworks, and others spend the time enjoying their favorite recreation, such as boating or biking. For one man, flying was his hobby, and his Labor Day was spent sharing his passion with his friends. Unfortunately, the celebration ended in tragedy as a plane crash took the lives of the pilot and his passenger.

The plane was flying low over the river around 7 p.m.. the Saturday before Labor Day. The pilot was a 26-year-old man, and his passenger was a 25-year-old friend who was visiting from another state. Witnesses say the pilot was attempting stunts with the single engine airplane when something when wrong. While the pilot apparently attempted to make a backward loop, the plane's engine stalled, and the craft rolled over and dropped nose first into the water.

Texas may see more car accidents without texting ban

The Texas Senate is prepared for its third round in the battle to ban texting while driving. The legislation failed in 2013 and 2015 because some senators feared adding more laws to the books when existing laws already allow police to pull someone over for driving dangerously. However, advocates of the law feel it is past due. Too many drivers are dying each year in car accidents caused by distracted driving.

Texas is one of only four states that have not criminalized texting and driving. Each time a law is proposed, supporters return to testify about the moments they lost a beloved friend or family member in an accident caused by a driver who was distracted by his or her phone. Additionally, influential groups push for the law to be passed. These include law enforcement agencies, insurance companies, medical associations and cellphone businesses.

Fall hazards present real risk to those 65 and older

Anyone can end up severely injured from a slip and fall accident. From kids breaking bones on playgrounds to middle-aged men slipping in the grocery store, no one is immune to the possibility of hurting themselves by taking a tumble. In this post, though, we wish to focus on one specific population: those over the age of 65.

We have all seen the TV shows where someone slipping and falling is the punch line. However, the truth is that there is nothing funny about falling down. In fact, according to one article that appeared online for the Neurologic Rehabilitation Institute, many over the age of 65 end up with a brain injury following a slip and fall.

A brain injury in childhood may mean difficulty in adulthood

With the heightened awareness of concussions in professional sports, Texas parents may be rightly concerned about head trauma as their children return to school athletics. However, participating in a sport is not the only way a child may receive a brain injury. In fact, a new international study shows that children who suffer even mild concussions may experience more difficulties in life as they get older.

The study, which followed over a million people who had been injured before the age of 25, concluded that concussions nearly double the risk of mental illness in adulthood. Additionally, an adult who received a traumatic brain injury as a child was 76 percent more likely to need disability benefits and 72 percent more likely to die in their 30s. Head injuries in childhood also increased the possibility that a person would drop out of high school and rely on welfare as an adult.

Death due to defective product often mislabeled in FDA report

Manufacturers of medical devices are required to send reports to the U.S. Food and Drug Administration if patients' deaths are related to the use of the devices. The FDA leaves it up to the manufacturer to decide if a death was connected to the product. However, recent investigations show that sometimes a manufacturer will misclassify a death to lower the priority of the report. When this happens, patients in Texas may not have enough information to protect themselves from a defective product.

A patient died few hours after receiving a damaged cardiac stent implant. The stent manufacturer reported the death as a malfunction. Another patient died of a septic infection which developed after the patient received a knee injection. The company that made the injection product labeled the death as an injury. By reporting deaths as "malfunctions" or "injuries," the makers of potentially defective devices lower the priority of the report in the FDA's review system.

Fatal accident at Texas-owned water park raises safety questions

On hot summer days, nothing is more refreshing than an afternoon at a water park. However, a recent fatal accident involving a 10-year-old boy at a water park owned by a Texas-based company has raised questions about the safety of the company's four parks in Texas. The National Safety Council does not seem confident in its assessment of the parks, but the owners insist they are committed to safety.

A string of accidents this summer has brought amusement parks under intense scrutiny. Because there are no federal standards governing the safety of rides or the reporting of incidents in permanent amusement parks, the tracking of injuries is not always reliable. In Texas, the park operator is required to have all rides inspected each year by its own insurance company and to carry a liability policy worth $1 million for each ride. The state government does not inspect any ride, even after an injury has been reported.

Defective product in airbags is causing injury and death

For over a year, the National Highway Traffic Safety Administration has been investigating reports of injuries and fatalities caused by exploding airbags. The explosions are caused by a malfunction in the inflation system of the airbags. Recently the NHTSA has expanded its inquiry to include a second manufacturer of the inflators, and motorists in Texas and around the world are impacted by this defective product.

More than 100 million cars manufactured by General Motors, Fiat Chrysler, Hyundai and Kia through 2004 are the focus of the investigation. However, newer models may also contain the dangerous inflators. The devices inflate the airbags with a mixture of high pressure gas and ammonium. Investigators are trying to determine why the inflators are exploding, sending shards of metal into the faces and necks of drivers and passengers.

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