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New Braunfels Personal Injury Law Blog

Manufacturing defects pose risks to consumers

When manufacturers make a product and put it into the marketplace, they are essentially telling people that it is safe to use. While products can still carry some risk, they should work as they were designed to. This means that using the products in the way that they are meant to be used should not cause accidents or injuries.

This standard may seem relatively simple, however, many companies fail to meet it. Instead, they create products that are dangerous to consumers. These products result in accidents and injuries even with proper use. In these situations, products liability laws hold manufacturers responsible.

How to qualify to drive trucks in Texas

Truck drivers have extremely important jobs. Not only are they responsible for carrying essential goods to and from Texas towns, they hold their lives and the lives of other drivers on the road in their hands. Even with simple mistakes, these large trucks can have major life-altering consequences. As a result, not just anyone can drive a commercial truck. There are qualifications that must be met in order to a person to be an approved driver.

While these requirements include having a valid commercial motor vehicle license in at least one state, other requirements apply. According to the Texas Highway Patrol Division, truck drivers must be at least 21. Their English skills must be sufficient to understand traffic signs, communicate with the general public and make official reports. Drivers must also pass a physical examination by meeting certain qualifications and showing that they are healthy enough to drive.

What is an attractive nuisance?

Any parent knows that children are curious, especially in new environments. They will seek out anything that is interesting to them in an effort to learn. However, this often can lead to bumps, bruises and other minor injuries for the children as they learn how things work in the world. In some situations, however, children are presented with serious dangers that cause much more significant harm. When more serious injuries occur, many parents may wonder if property owners can be held liable for injuries to children.

Under the attractive nuisance doctrine, property owners can be held liable for injuries to children on their property in some situations. These rules apply even when the children are not particularly young -- teenagers, for example -- and when the children are trespassing on the person's property.

Truck accident kills 1, injures 4 in San Marcos

Many New Braunfels residents understand the dangers of large trucks. While these motor vehicles often serve an important role in the local economy, the danger they pose is very real. When these massive vehicles cause a truck accident, injuries are very likely just based on the sheer size these commercial vehicles.

This danger was seen again in a recent accident. In this case, two trucks and a passenger vehicle collided creating a fiery explosion. According to reports, the collision occurred on I-35 near San Marcos. Following the initial accident, a gravel truck hit two semi-trucks, two passenger cars and a retaining wall as it swerved to avoid the crash. One of the cars was pushed into another large truck and an explosion ensued.

If driver error causes an accident, know your rights

Driving is a difficult task, which requires individuals to pay the utmost attention when he or she is behind the wheel. However, not everyone takes this privilege seriously. There are so many ways a driver can make a mistake. Some break traffic laws. Some drive while distracted by electronics. Others drive after having too much to drink. In many cases, the driver was downright negligent while behind the wheel. In any of these scenarios, serious car accidents can happen as a result of the driver's mistake.

When a car crash occurs, an innocent party can be hurt. These injuries not only cause physical damage, but can wreak financial and emotional havoc on the victim as well. Victims of car accidents, need to know where to turn when this happens because they may be entitled to compensation. Under Texas law, negligent drivers are responsible for compensating victims for the damage they cause.

Who is a trespasser?

Texas property owners may understand that they need to keep their property safe for visitors. If the property is dangerous and a visitor gets hurt, the property owner can be held liable for the visitor's injuries. This is especially true when the visitor is an invitee -- a certain type of visitor. An invitee is a person that has been invited to the property -- this includes customers who have come to a store. However, these rules also apply to social guests and licensees, two other types of visitors. However, there is another category of visitor -- a trespasser. A property owner's duty changes when the injured person was a trespasser. Therefore, it is important for people to understand who qualifies as a trespasser.

In general, a trespasser is someone that does not have permission to by on the property. Unlike the other categories of visitors, trespassers have no authority from the property owner to be on the property. Generally, trespassers have intended to enter the property without the owner's permission to do so.

Statistics highlight the dangers of Texas roads

Driving a car is often a necessity, especially in a large state like Texas. Without a motor vehicle, people can have a very difficult time getting from one place to another. While driving a car might be a necessary evil, it can be very dangerous. There are plenty of drivers on Texas roadways that fail to properly operate their vehicles. These drivers may know how to drive -- and may even avoid obvious hazards like drinking and driving -- but often they fail to fully devote themselves to driving. People fail to follow safety rules, traffic laws and driving while distracted. All of these behaviors can lead to dangerous

In fact, according to the Texas Department of Transportation, the roadways in Texas are so dangerous that in 2013 there was at least one death on a Texas roadway every day. In total, there were 3,377 deaths as a result of motor vehicle accidents in Texas in 2013. While this was a slight decrease from 2012, this is still a death rate of 1.4 deaths per every hundred million cars.

When families lose a loved one due to medical mistake

In a recent post, this blog discussed the potential wrongful death suit being brought by the daughter of famed comedian Joan Rivers. In that case, Rivers died after complications during a medical procedure. As can be seen in Rivers' case, no one is immune to medical mistakes. When doctors fail to correctly do their jobs, people can get hurt or even killed.

Some of the most serious medical mistakes include operating on the wrong body part or even on the wrong patient. A surprising number of patients have been injured due to surgeons leaving medical equipment, such as sponges, inside the patient's body following an operation.

Joan Rivers' family prepares wrongful death suit

Every day Texas residents rely on doctors and medical staff to treat their ailments. People expect to receive treatment and feel better after seeing the doctor. People rely on the expertise of the doctor to appropriately diagnose and treat the problem. No one expects a doctor to make an error that could potentially kill them. However, fatal medical mistakes happen all the time and no one is truly safe.

According to reports, the late Joan Rivers was killed following a series of mistakes on behalf of a medical facility where she was supposed to be treated for a throat issue. The report -- conducted by the U.S. Department of Health and Human Services -- claims that the medical facility failed to appropriately monitor and recognize Rivers' condition throughout the medical procedure.

What is the Drug Supply Chain Security Act?

Every day, many Texas residents rely on prescription medications to keep them healthy. These medications are, in some cases, literally keeping people alive. Therefore, it's very important that these medications are the best quality possible. They should not be contaminated, poorly made or otherwise dangerous for consumers. However, all too often prescription drug recalls are necessary to take dangerous drugs off the market. Many people may wonder who such errors can be prevented.

In Nov. 2013, the Drug Supply Chain Security Act was signed by President Obama. This new law has facilitated the creation of various protections for prescription drugs. Over the next 10 years, companies have to create new ways to keep people safe from contaminated drugs. In particular, this law will require companies to have ways to verify the legitimacy of drugs that have been made overseas and shipped into the United States.

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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