Why Are People Defending Clerk in Fatal Atascocita Crash?
Don't sell alcohol to minors. Could there be a less controversial law? Apparently, for some internet pundits prohibitions against selling alcohol to minors is a little more nuanced that most of us think it is. Allow me a moment to explain what happened. July 25th, a car allegedly driven by the allegedly intoxicated Jagger Smith,...
New Data Shows Houston Leads the Nation in Distracted Driving
All the major Lone Star cities see their share of DWI injuries and fatalities every year, but as I've noted, Houston is the undisputed state champ in that department--not that the crown is anything to covet. Not content with that infamy, Houston apparently grew even more ambitious. Thanks to information recently put out by a...
Is There Any Way a Truck Driver Isn’t Responsible for a Detached Trailer?
One of the most dangerous categories of truck accidents is when the trailer becomes detached from the truck. When this happens, it instantly places the equivalent of a multi-ton boulder in the path of every other vehicle on the road. Even drivers in the largest trucks on our highways have little chance of escaping serious...
Florida Casino Boat Fire Presents A Tricky Legal Situation
It was all over the news recently when a casino boat in Florida caught fire, resulting in the death of Carrie Dempsey, 42, and leading to at least 8 other injuries. At first, I had no intention of writing about the accident, which seemed likely to be a straight-forward case of a negligent boat operator...
Some Dangerous Drivers are Following Unsafe Orders.
There are times when we should weigh the morality of a decision against its profitability. Occasionally in the name of progress people in charge make decisions that, while not necessarily illegal, are certainly questionable. This kind of "me first" thinking is often most obvious when looking at certain businesses' expectations of their workers. Trucking companies...
“Drinking then Driving” Isn’t the Same as Drunk Driving.
Time and again, I've talked about how dangerous drivers can be when they've had too much to drink. To make matters worse, some bars and restaurants are willing to help them reach that perilous state, ignoring dram shop laws. It's an insidious problem and it seems to get worse every year. Of course we'd never...
Retire the Fire: The Hazards of Flaming Food and Drinks
Sometimes ordinary folks with a thirst for adventure order flaming drinks, in which the alcohol in the cocktail is set ablaze as part of the presentation. It's quite a sight, but is it worth the risk that comes from adding fire to the situation? A recent incident in a Denton suburb made me wonder. Here's...
There’s a Lesson in Potential Jurors’ Hate-Filled Interviews About Martin Shkreli
"The Internet is written in ink," as they say. Many people observe these guidelines without trouble, but others seem to thrive on riling people. Martin Shkreli, the infamous "Pharma Bro," seems to be one of the latter type, but he found out recently the same lesson we've tried to impart to clients for years: Watch...
The Cliché “Lawsuit Type” Is a Bad and Harmful Misconception.
When people are injured by negligence--by an auto accident or a malfunctioning product, or while on a dangerous property, to name but a few possibilities--they reach out to us to learn about their rights and what they should do next. We welcome their calls, of course, but when we talk to them one puzzling refrain...
Adios Amoebas: Water Parks and Premises Liability
If you run a business, you'd better know what it takes to make sure your customers have a safe and satisfactory experience there. There are genuine accidents--things nobody could possibly have seen coming--and then there are incidents that likely could have been avoided with appropriate levels of pre-emptive caution. For example: If you run a...
The Real Takeaway From the Matal v. Tam Decision
The Supreme Court of the U.S. recently ruled that individuals have the right to trademark offensive words and phrases for the sake of using them as company or product names. This unanimous decision is absolutely a victory for proponents of free speech (even if it seems like the mean-spirited kind), but it actually has a...
Did Jelly Belly Engage in Deceptive Trade Practices With How They Labeled Their “Sport Beans?”
A California woman is currently spearheading a class-action suit against Jelly Belly, the candy company behind the bags of jellybeans in candy aisles everywhere. The company is credited for its diverse lineup of jellybean flavors like Buttered Popcorn, Toasted Marshmallow, and Strawberry Daiquiri.. The suit's plaintiff takes issue with the declared ingredients of some of...
Brandon Vezmar’s Lawsuit is Definitely Absurd, But Let’s Not Freak Out Or Anything
If you follow the news, you've probably seen a fluff article or two recently about a guy suing his movie date for texting during a showing of the movie Guardians of the Galaxy Vol. 2. No matter what you think about the movie, it's well understood that bothering other theater patrons by talking or texting...
Mike’s Law: Does the End Justify the Means?
Like most people, I cringe when attorneys evoke a phony "voice of the people" mentality or preach about their practice as if they're the saving grace to humanity. I can't stand when attorneys preach down upon the people their magical wisdom of ethical truths. That said, I quite seriously believe that the service that my...
Backing Crashes Are a Product of Negligence Behind the Wheel.
The dangers of backing crashes are compounded for larger, more unwieldy vehicles. Box trucks and 18-wheelers lumber to and fro in cramped neighborhood streets and pop out from parking lots and alleys--sometimes in reverse--endangering passing traffic and pedestrians. Tragedy can strike when the people driving these trucks neglect their duty to be completely aware of...
Texans Fighting Wrong-Way Driving With Smarter Signs
One such set of lines is the ones that divide the lanes of the road. Motor vehicles are obviously extremely dangerous, especially when operated incorrectly. The law does what it can to make sure people more or less understand this fact and keep it in mind when operating a vehicle, but drivers still make bad...
Fellowship of the Drink: The Expensive Travels of the TABC
Recent audits of the Texas Alcoholic Beverage Commission (TABC), the state regulatory agency that monitors the distribution and service of alcohol in the Lone Star State, have shown that some of the agency's top brass have been boozing and schmoozing with the liquor industry, paid for by the very industry they are meant to oversee...
How “Silver Alert” Bias Could Affect 18-Wheeler Accident Cases
Medicine and technology continue to improve, drastically improving the average citizen's lifespan. That can be something of a mixed blessing, however. On one hand, seeing the world change and one's family grow are likely a positive experience for many. On the other, extending a person's years increases their risk of a variety of disorders, including...
How Trucking Companies Hide Behind Intentional Tort Arguments
By paying a monthly fee to an insurance agency, people essentially place a bet that something bad will happen to them or their property. To "win" on that bet, the insured must first actually lose by incurring serious damages. Depending on the policy in question, that could be anything from a home ruined by a...
Do Trucking Companies Need Safer Delivery Rules In Residential Neighborhoods?
Commercial trucks are serious business. Freight needs to get all over the country, and every year over $9 trillion in freight is hauled to and fro by trucks. We can talk all day about some glimmering future of electronic drones making deliveries (thanks for the raised expectations, Amazon), but our infrastructure right now depends largely...
