Viral Social Media Post Falsifies Crash Details, Blames Victims
You'd be hard-pressed to find anyone who believes auto accidents are simply an acceptable hazard of driving to and fro. It may be a necessary evil to spend time behind the wheel, but the road holds many dangers. Some of them are environmental, certainly--weather conditions, road quality, loose debris--but drivers themselves are responsible for many...
Homeopathic Teething Tablets Analyzed Due to Allegedly Dangerous Ingredients
At some point or another in the past, you may have invested in a homeopathic remedy for what ails you or a loved one. I get it; it's not uncommon to dislike pharmaceutical companies when they charge you an arm and a leg for synthetic prescription drugs, each of which carries a long list of...
The House on Liability Hill: Haunted Houses and Premises Liability
Texas is just beginning to see the first signs of fall! I can tell because the temperature occasionally slips below 75 degrees and the ubiquitous "pumpkin spice," at this point a self-referential pop culture trope, has once again appeared in every conceivable form. And of course, Halloween approaches! Given how close October 31 is to...
Musnuff v. Haeger: Large Companies Hiding Evidence
One of the less discussed cases on the 2016 Supreme Court docket is Musnuff v. Haeger. The case is fascinating on a couple of levels. First, it is more confirmation that in civil litigation, large defendants and their attorneys will often go to great lengths to hide and obscure vital, potentially damaging evidence. Secondly, the...
It’s All in the Hips: Metal-on-Metal Hip Replacements and the Law
Medical science rose in part from a need and desire to combat and cure human frailty, and has made tremendous strides toward its effective treatment. For instance, many companies have devoted considerable resources to the creation of prosthetic devices and orthopedic implants to replace failing joints. One often-replaced area is the ball-and-socket joint system that...
The Electric GM Battery Test: Lithium and the Law
As circumstances have forced us to report several times recently, lithium-ion battery technology is far from perfect. A fully-depleted lithium-ion battery cannot be conventionally disposed of, as it required specialized recycling or hazardous-waste disposal. More than that, the composition of the battery can make it prone to thermal runaway events, which cause the battery to...
A Tale of Two Torts: Taxotere and WEN Hair Care
Like it or not--deny it or not--image is important to all of us. How we define ourselves is partly shaped by how we are perceived, or at least how we *think* we are perceived, by others. One area that commands a great deal of attention during our normal routine is our hair. It's a vital...
Irving Police Break Up Scam Drug Rehab Facility
I know "shocking" gets tossed around with too much frequency these days. It's an internet staple and an invitation to click-bait. However, it's difficult to find a better word to describe the story that 10 people were arrested yesterday in connection with running sham drug rehabilitation houses in Irving and Fort Worth, Texas. Initial charges...
Dallas County Bus Driver Scandal and Bus Accident Law
NBC 5, in some great reporting, recently broke a story about Dallas County school bus drivers and the ridiculous number of traffic citations they've received since the beginning of 2014. As a result, Dallas County Schools terminated 13 drivers and suspended an additional 229 drivers who cumulatively received 480 traffic tickets since January 1, 2014....
NHTSA Launches Investigation of 2012 Nissan Versa Airbag Sensors
The National Highway Traffic and Safety Administration (or NHTSA, for brevity fans) has released information about a new investigation into approximately 155,000 Nissan Versa vehicles from the 2012 line. According to the report, three complaints have thus far been filed by motorists who have experienced allegedly-spontaneous side airbag deployment from forcefully closing their car doors....
Improperly-Loaded Trailers Are a Serious Road Hazard.
A buddy of mine recently moved across town. To get the contents of his apartment from point A to point B, he rented a trailer to hitch to his car. It sounded good, but as we got started, it came to light he had no idea there was a "right" way to load the trailer....
Premises Liability: What Can I Do If I’m Injured While Staying at a Hotel?
I was recently in Austin for a client mediation and had an experience that many travelers encounter: A disgusting hotel room that smelled of stale cigarettes and mold. Thankfully it wasn't the busy time of year and I found better lodging, but not everyone is so lucky. Since poorly-maintained hotel rooms not only offend the...
What Law Governs Guardrail Spearing Injuries in Texas
Just a couple of weeks ago, outside of Amarillo, a passenger was speared by a guardrail in a car accident. According to reports, the passenger suffered a severe leg laceration and it is possible that on-scene first aid saved their life. While being speared by a guardrail isn't the first injury that pops to mind...
Lawyers Selling 4th Amendment Rights For $40? Game On.
You're breathing while you read this, right? Of course you are. Just the slow, unthinking respiration we do when at rest. No big deal. It's a natural function, and it happens whether you think about it or not. But how do you remember to breathe if no one reminds you to? Maybe it's asking a...
Tyson Chicken Nugget Recall & Texas Products Liability Law
Tyson Foods, Inc. recently issued a recall of 132,520 pounds of pre-cooked chicken nuggets. According to their release, some of the 66+ tons of Panko Chicken Nuggets involved in the recall contain pieces of hard plastic within their processed pieces. The U.S. Department of Agriculture's Food Safety Inspection Service is helping to circulate the Class...
What Do I Do if I’m Injured by a Power Morcellator?
A common but highly-unwelcome occurrence for women is the development of uterine fibroids, small generally-benign tumors that cause considerable pelvic and abdominal pain, getting worse as they grow. Uterine fibroids occur when muscle tissue in the uterus begins to grow abnormally, though science is not yet certain of the reason for this ailment. Fibroid tissue...
Despite Court Case: Electronic Truck Logs Very Likely
Earlier this week we chronicled the potential Federal Motor Carrier Safety Administration (FMCSA) electronically-enforced national truck speed limit, which pitted the American Trucking Associations (ATA) and the FMCSA against the Owner-Operator Independent Drivers Association (OOIDA). That doesn't appear to be the only controversy where the ATA and OOIDA find each other on opposite sides of...
Can People Seek Compensation for Zika Infections?
By now I'm sure you've heard that term; Zika is the latest mosquito-borne disease to strike fear into our hearts, following the grand tradition of West Nile, yellow and dengue fevers, and malaria. While its impact on generally healthy adults seems to be minimal--outside of exceptionally rare cases of Zika-related Guillain-Barre Syndrome--it's still undoubtedly unpleasant,...
Bayer Plans to Buy Monsanto, Anti-GMO and Anti-Vax Go Crazy(er)
The pharmaceutical giant Bayer, Inc. has announced a $66 billion dollar buyout of Monsanto. While this buyout no doubt represents a significant and lucrative investment for the German corporation, it has raised a large battery of objections from concerned "citizen advocacy" groups who have long protested Monsanto. One such entity, the international protest group March...
Quality Control Issues with Smith & Wesson M&P 15-22?
Leaving aside the meta-issue of gun ownership currently burning its way through the comments section of your favorite social media, I think we can all agree that if a person is to own a firearm, it would be great if that firearm were trustworthy and not prone to surprising "quirks." Recent reports from Project Appleseed,...
