Stopping the Buck: Rose City Tragedy and Truck Accident Liability
President Harry Truman famously had a placard on his desk that read "The Buck Stops Here." The phrase ultimately means that one must take responsibility for their decisions and actions, and shouldn't "pass the buck" to avoid any consequences. That idealism is laudable, of course, but ducking blame has been practiced for millennia and shows...
How Trucking Company Lawyers Shift Blame Following an Accident
Defense Attorneys Say The Darnedest Things About a year ago, one of our firm's attorneys, Keith Purdue, was taking the deposition of a trucking company's "safety manager." This deposition was a fairly heated affair, wherein we were essentially accusing the man being deposed of having a largely ceremonious title and/or a job that merely existed...
Liability for Highway Obstructions in Texas Law
We have noticed a lot of news reports lately about motorists who for one reason or another collide with the rear of a tractor-trailer. Fault in these instances is always case-specific. Sometimes it falls on the passenger vehicle's driver; in other instances, fault lies with the trucker. There are even accidents where inclement weather or...
iFault: Should Apple Be Implicated in Distracted Driving Injuries?
Most people are passingly familiar with the psychological theory of classical conditioning, the process behind the famous "Pavlov's Dog" experiments. In that casee, the researcher takes an object of strong positive stimulus (food) and an object of neutral stimulus (a ringing bell). Over the course of the experiment, the dog is neurologically conditioned to anticipate...
What Do I Do If I’m in an 18-Wheeler Chain Reaction Accident?
On December 30, 2016, a chain-reaction collision begun by a 2001 Freightliner tractor-trailer led to one fatality and ten injured people on westbound Interstate 40 in St. Francis County, Arkansas. According to the official report filed by the Arkansas state highway patrol, six passenger vehicles were moving slowly in a line as traffic passed by...
Who Is Liable for the Amarillo Phosphine Gas Deaths?
On January 2, 2017, accidental exposure to phosphine gas led to the deaths of 7-year-old Felipe Balderas, 9-year-old Johnnie Balderas, 11-year-old Josue Balderas, and 17-year-old Yasmeen Balderas. In addition, 5 family members, including 45-year-old Martha Balderas, who is in critical condition, and 10 first-responders were injured. According to initial reports, it is believed that a...
“Blade” Crossbows with Faulty Safety Recalled by Carbon Express
A popular model of crossbow has recently been recalled by its manufacturer after a consumer experienced injury from a misfire. According to the U.S. Consumer Product Safety Commission (CPSC), the manufacturer has issued a voluntary recall after receiving reports that a faulty safety still permits the crossbow to fire when engaged. Obviously this poses a...
Don’t Drink the Water: Corpus Christi Industries Leak Chemicals into Public Water System
Ah, Corpus Christi. The brackish water and scorching sands of this Gulf city are often a spot for frolic and tourism around Spring Break. All you need is a tequila-heavy margarita, 2 pints of sunscreen, and a hideously airbrushed tank-top commemorating your visit to "CCTX," and you can snatch all that up while heading out...
Due Process: Cuisinart Issues Large Recall for Faulty Food-Processor Blades
On Tuesday, December 13, Cuisinart issued a nationwide recall after receiving several reports that customers found metal shards in their prepared food. These customers allege that the shards are pieces of their food processor blades, which the official recall confirms can crack and disintegrate over time. Who Makes The Affected Products? Cuisinart is the only...
Loose Selection and Enforcement Standards Make Some Truckers Fear Their Own Industry.
Have you heard the expression "one bad apple spoils the bunch?" I know it's a little folksy, but most people recognize its meaning without too much strain: Take a generally-benign group and introduce an element that is decidedly less so. Over time, this foreign element will corrupt the larger group, and the more the corruption...
Playground Equipment Company Recalls 1,300 Units After Slide Defect Injures Children
While no one usually gives a second thought to playground slides, a recent recall thrust the issue of playground safety into the public conversation. Here's what we know so far and why 1,300 defective slides are subject to a manufacturer's recall. Who Makes The Affected Products? According to the U.S. Consumer Product Safety Commission, the...
Hello, Operator? FDA Probe Reveals Unreported Medical Device Injuries
The ancient Greek physician Hippocrates is often called "The Father of Western Medicine." Among his contributions to the medical world are several of its terms and information about how to diagnosed several pulmonary disorders. He is credited as the inspiration for the Hippocratic Corpus (hence its name), which is a series of over sixty lectures,...
Volvo Recalls 79,000 Cars and SUVS for Defects in the Seat Belts They Invented
One would think that the company that invents a life-saving product found in millions of vehicles around the world that they would be the last ones to have issues with that product. If one had Volvo and the three-point safety belt in mind, one would be in for a surprise. Whose Cars Have This Problem?...
Trigger Warning: Remington Arms Co. Discloses Files Showing Trigger Defects in Model 700 Rifle
Transparency is on the whole a very important thing to exercise when something conceivably could go wrong, yet time and time again it is revealed that corporations deliberately conceal known risks in order to continue selling malfunctioning products. I know we aren't just talking about cranky cats when it comes to the potential millions (or...
Johnson & Johnson Seeks Change of Venue for Talcum Powder MDL
I wrote recently about the results of the third test case in the ongoing talcum powder lawsuit against Johnson & Johnson. For those emerging from an Internet-free cave for the first time in a few years, allow me to quickly recap: the allegations against the company involve the idea that talc, the primary ingredient in...
ARC Automotive Under NHTSA Investigation for Possibly Faulty Airbags, Refuses to Cooperate
I'm sure by now most people are familiar with the word "Takata." If they don't recognize the name, the controversy that popularized it is even more familiar; the Japanese auto-parts manufacturer is responsible for one of the largest worldwide vehicle recalls of all time. American and Japanese automakers contracted with Takata to provide airbag assemblies...
Johnson & Johnson Loses Third Talcum-Powder Cancer Trial, Pays Out $70 Million
Last week on Thursday, October 27, multinational conglomerate Johnson & Johnson lost its third consecutive trial with respect to its allegedly-carcinogenic talcum powder products. After three long hours of deliberations, a jury awarded the plaintiff the sizable sum of $70 million, the third such award granted to a plaintiff in these proceedings. Specifics of the...
Space Inflamers: Defective Space Heaters Can Cause Fires and Injury
When temperatures plunge, many search for a cost-effective alternative to turning on the central heating system: space heaters. Small, localized sources of heat that give you the warmth you're looking for without wasting the energy it takes to heat parts of your home you're not occupying. With a variety of colors and styles to choose...
The Cost of Belonging: Hazing Injuries and the Law
"Power tends to corrupt, and absolute power corrupts absolutely." So said Lord John Dahlberg-Acton in the 19th Century. Of his varied and highly-quotable commentaries as a historian and politician, that's the one heard most: When placed in a position of absolute authority over their peers, people will often find a way to abuse that power....
McDonald’s Recalls Step-It Fitness Wristbands after Reports of Wrist Irritation
In mid-August, McDonald's Inc. announced a recall of its Step-It Fitness Tracker Happy Meal toys. Encouraged by the growing market of fitness wearables like the FitBit health tracker, as well as "smart" wearables like the Apple Watch, the wristband-like wearable device functioned as a pedometer, ostensibly to encourage physical activity among its young wearers. No...
