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New Braunfels Personal Injury Law Blog

Premises liability and farm land in Texas

Texas is a large state. With such expansive territory, it is well known that much of the state is dedicated to agriculture. Many people visit these farms for recreational and business purposes each year. When people go to agricultural land, they may encounter a variety of dangers -- from large farm equipment to dangerous animals. These dangers can lead to injuries for people on the property if proper precautions aren't taken.

If an injury does occur, Texas residents should understand their legal rights. Under section 75.002 of the Texas Civil Practice and Remedies Code, property owners are generally not responsible for injuries that occur while on the premises. Whether people are trespassing, invited on the property for recreational purposes or on the property for other purposes, Texas law limits the duty of the land owner to keep the property safe. Furthermore, under this section, property owners don't assume responsibly for injuries to people who are participating in recreational activities -- including hockey, skateboarding or roller-skating which might carry risks.

Wrongful death suits are emotional, have help by your side

In our tightknit Texas community, the loss of any life is tragic. However, when the loss is unexpected, the person's family can be devastated. There are sometimes when a person's death is just unavoidable. Life is fragile and death can come at any minute. As sad and as hard as it is, the person's family must learn to live without the deceased.

However, in other situations, a person's death was avoidable. In these cases, the person has died because of the reckless, negligent or willful behavior or another person. If the other person had acted with care for, the deceased would likely still be alive. In these cases, a wrongful death suit can help to hold the negligent party responsible for the person's actions.

Who can bring a wrongful death suit in Texas?

When someone is killed by the negligence of another, that person's family can be left with severe emotional pain. The sudden loss of a family member can be difficult for anyone to deal with. The emotional pain is just one side of the story. In many cases, families deal with financial struggles following a person's death. Lost wages, funeral expenses, medical bills and other costs can wreak havoc on a family.

As this blog explained in a recent post, if the person's death was caused by the negligence of another, then it may be possible to bring a wrongful death suit. If there is a cause of action for wrongful death, then the family may be compensation for their financial losses -- like lost wages -- and for their emotional losses -- like loss of companionship. While these damages cannot replace their loved one, they can help a family secure their financial needs during a time of crisis.

Bringing a wrongful death suit in Texas

Life is fragile. Accidents occur all the time that can severely or fatally injure a Texas resident. In these cases, a person's family can be left reeling. The unexpected loss of a loved one can leave emotional and financial wounds. If the person's death occurred as the result of a fatal car accident, fatal workplace accident, medical procedure or other similar situation, a wrongful death may have occurred.

A cause of action for wrongful death exists in a few situations. Under section 71.002 of the Texas Civil Practice and Remedies Code, if a person's death was caused by the carelessness, wrongful act, neglect, default or unskillfulness of another person then a cause of action for wrongful death exists. Additionally, if the person's agent causes the death of another as a result of any of these reasons, a cause of action also exists.

Hold companies liable for unsafe food products

Food safety is a big deal in the United States. People need to know that the food they buy is going to be safe for them and their families to eat. Without being able to trust food products, people would not be able to know if the food they buy is going to hurt them. As we have mentioned in previous posts, food safety is also taken seriously by the government. There are federal laws that set food safety standards to help ensure that people won't be hurt by contaminated food.

Sadly, not all companies abide by these rules. Contaminated or unsanitary food is often sent to stores around Texas. For example, recently contaminated cumin was distributed across the United States. In that case, the spice had been contaminated with peanuts -- a deadly allergen for many people. This sparked a national product recall.

What is the Food Safety Modernization Act?

Food safety is important. Texas residents need to know that the food they buy is safe for them to eat. This includes safe from bacteria that can cause illnesses, from allergens that could cause dangerous reactions and from toxins that are unsafe to consume. While people may think that contaminated food is just a minor inconvenience -- leading to a relatively quick illness -- this isn't always the case. According to the Food and Drug Administration, 48 million people get some sort of food poisoning every year in the United States. Thousands of people, according to the FDA, die from these illnesses. Additionally, more than $100,000 people are hospitalized because of food contamination.

You may wonder -- what steps are taken to help prevent these terrible illnesses? The Food Safety Modernization Act is one law that works to ensure that food is safe for consumption. The FSMA allows the FDA to not only respond to outbreaks of foodborne illnesses but to prevent them in the first place.

Cumin contaminated with peanuts leads to product recall

In today's society, many people are very concerned with what they put into their bodies. People want to know where their food is coming from and what it is made of. For many people, these desires stem from wanting to be as healthy as possible. However, for others their own safety is their main concern.

Food allergy awareness has grown over the last few decades. People now know just how dangerous certain foods can be. Peanuts in particular can be deadly. People trust that food manufacturers pay careful attention to their food products to ensure that allergens do not find their way into food.

Design defects and Texas law

When people purchase products, they expect them to be safe and work as they were intended. People do not expect to purchase something only for it to cause serious injuries later. While some products might have risks -- like a ladder or knife -- the product's design should mitigate any risk to the consumer.

All too often, however, dangerous products are placed into the market place. Texas residents use these products and get hurt. In some cases, the product's actual design is faulty. It is this faulty design that eventually leads to injuries. When a design defect causes an injury to a Texas resident, that person may be able to collect compensation from the company for the injuries.

The dangers of dog bites

Many people think of dogs as nothing more than "man's best friend." They may interact with dogs every day and never really comprehend the dangers that a dog can inflict. While many dogs are friendly and harmless, some can cause serious and long lasting physical and emotional wounds.

In fact, according to healthcare professionals, dogs bite around 4.5 million people every year in the United States. Many of the people hurt by dogs are children. Statistics show that half of the people bitten by a dog each year are young children between 5-years-old and 9-years-old. Therefore, children should never be left alone with dogs and people should always stay away from strange dogs.

Do Texas drivers have a duty to pedestrians?

Pedestrians can often be found using Texas roadways. Like people in cars, those walking alongside the road, are generally just trying to get from point A to point B. Walking near roadways, however, can be a dangerous place for a pedestrian to be -- especially if the area does not have a sidewalk or is a busy street. For example, in a recent blog post, this blog highlighted the story of a 65-year-old man that was killed in a hit and run car accident while walking near Interstate I-35. In that case, police are looking for the driver responsible for the accident.

After reading this story, many Texas residents may wonder if car drivers have any duty to pedestrians. The short answer is yes. Texas drivers have a duty to exercise care when pedestrians are in or around the roadway. This duty exists even when these pedestrians are not following other laws that are meant to help keep the pedestrians safe.

Burch Law Firm
328 South Seguin Ave
New Braunfels, TX 78130

Phone: 830-629-0955
Toll Free: 800-381-0955
Fax: 830-629-0953
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