Dylan DeLeon, 3, of Crystal Lake, Severely Injured in the Amazing Chicago Funhouse Maze at Navy Pier; Family Files Suit

Dylan DeLeon, 3 at the time of the incident, suffered severe lacerations to his face in October of 2004, when he and his siblings were walking through a spinning tunnel in the Amazing Chicago Funhouse Maze at Navy Pier. DeLeon became trapped under a metal walkway while going through the tunnel, and sustained a substantial crescent-shaped cut to the right side of his face; spanning from his mouth to his ear. DeLeon’s facial injuries required the removal of multiple teeth, as well as reconstructive surgery. The Monday following the accident, DeLeon’s mother retained a personal injury attorney and filed a civil claim against the owners of the Attraction, Amazing Ventures, LLC, for her son’s pain, suffering, and extensive injuries. An investigation indicated that an alarm on the attraction did go off when the small boy was drug under the walkway, but how the boy got over the 42-inch safety fence is still inconclusive. Although proper safety measures were exercised at the time of the incident Amazing Ventures, LLC did not have the proper permit to operate the attraction that DeLeon was injured on, and in addition, “They [Amazing Ventures, LLC employees] just kept asking questions. They said they had to see how badly he was hurt before they’d call for medical (help). It took 20 minutes for an ambulance to arrive,” according to a relative of DeLeon.
Legal information about this case can be and cases comparable to this one can be emailed here. Below is a link to the full article, courtesy of the Chicago Tribune:

 

 "Family sues over funhouse accident"

 

 
Legal Commentary

Although the incident occurred nearly a decade ago, this case is a prime example of how important it is to consult with an attorney and to pursue a civil suit when a victim is injured as the result of another responsible party. Although safety precautions were present at the time of this accident, the company responsible for this incident did not have the proper permit to operate such an attraction. Without proper permits there is no way to guarantee that attractions, like the one mentioned above, are being operated efficiently and in the safest manner possible. Furthermore, lack of permit can also deem the company liable for any injuries that customers sustain while utilizing their rides/attractions. Filing a civil claim in a scenario like this one would ensure that the victim/victim’s family is not burdened with costly medical bills, and serves as a means for compensation for the pain and suffering the victim experienced. Questions regarding potential personal injury claims can be directed to the Fears | Nachawati Law Firm by clicking here, or by calling our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in personal injury accidents, automobile accidents, wrongful death lawsuits, work place accidents, and product liability claims throughout the United States. Mr. Nachawati has resolved numerous personal injury accident cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is licensed to practice before the Supreme Court in multiple states across the U.S., and is a member of the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer by Thompson Reuters’ Super Lawyers Magazine for the past four consecutive years for legal excellence, in connection with personal injury cases and automobile accidents. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email or by calling 1.866.705.7584.

 

 

Lauren Mitchell, 13, Injured in Arlington Haunted House near Six Flags Mall

Lauren Mitchell, 13, was injured on Thursday, October 10, 2013 while walking through The Boneyard haunted house in Arlington near Six Flags Mall. The incident occurred when an employee dressed as a clown in the haunted house jumped out to scare Lauren and her mother; upon which the employee poked Lauren in the eye. Lauren’s mother, Sandy Mitchell, requested to speak to the manager after the incident, but claims that the manager “…wasn’t really interested.” After taking Lauren to the Las Colinas emergency room later that night, it was discovered that she sustained a burned cornea from the accident. At present, neither the owners nor the management of The Bone Yard haunted house have returned any of the Mitchell’s phone calls or emails. Legal information pertaining to this accident can be emailed  here.

Below is a news clip that further elaborates on the incident, courtesy of wfaa.com:

 

 

 

 

Legal Commentary

It is always unfortunate when an individual is injured at an attraction that is supposed to be safe and enjoyable; even more so when the party who is responsible is non-cooperative in mitigating the situation. In this scenario, it would be in the victim’s and her parent’s best interest to pursue a civil claim against the owners of the haunted house for the unnecessary pain and damage the victim sustained to her eye while touring the attraction.

From a civil standpoint, our firm has represented numerous individuals and families who are involved in personal injury accidents, such as the situation mentioned above. The Mitchells should most certainly consult with an attorney to file a personal injury claim against the owners of the haunted house. This child could have a potentially long term eye condition as a result of this incident, and therefore, deserves to be properly compensated for her pain, suffering, and medical expenses she and her family will incur from this unexpected incident. Filing a civil claim will eliminate the financial burden of experiencing an accident like this, and will give the family more time to focus on making sure this child recuperates from her injury.

Further questions can be directed to the Fears | Nachawati Law Firm by clicking here, or by calling our office at 1.866.705.7584.


About the Author

Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in personal injury accidents, wrongful death lawsuits, work place accidents, automobile accidents, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous personal injury cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with personal injury and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email or by calling 1.866.705.7584.

Two-Year-Old Jordan Smith Suffers Third Degree Burns at Lil Rascals Learning Center in Mesquite; Located at 2424 Baker Drive

On March 27, 2013, two-year-old Jordan Smith received third degree burns to his right hand when Johnnie Brown, a former employee of Lil Rascals Learning Center, washed his hands. The abusive incident began when Jordan had an accident in the bathroom, and ran into the classroom to Brown, seeking help to clean himself up. Surveillance footage shows Brown sending Jordan back into the bathroom alone; after scolding and hitting the little boy. Jordan Smith was left unattended in the restroom for another fifteen minutes, before he came back out; completely naked this time, when Brown proceeded to wash his hands. Also evident in the surveillance footage is the emphasis Brown places on Jordan’s right hand after washing them. After studying the burned hand, Brown is seen wrapping the boy in a towel and leaving the classroom; where the remaining two-year-olds were left unattended for over ten minutes before another care giver arrived. Reports also note that 911 was never called for the burn incident, and the child did not receive emergency medical care immediately following the accident. Below is a map that depicts the location of the daycare, followed by a video with further details of the injury the child sustained; courtesy of WFAA:

 


View Larger Map

 

 

 

Legal Commentary

The abuse this young boy received at a state licensed and certified daycare is absolutely appalling. Because of the careless negligence Johnnie Brown portrayed in this classroom towards Jordan Smith, this young boy will now have to live with severe scarring, as well as negative psychological effects from this incident for the rest of his life. Considering the severe third degree burns Smith suffered to his hand, the child could potentially undergo skin grafts, and will likely be required to wear a protective pressure glove to reduce scarring and deformities of his hand as the burn heals. While felony charges have been filed against Johnnie Brown and the Lil Rascals Learning Center, it is important that Smith’s mother also file a civil claim against the former employee and the daycare center. Filing a civil claim for her son’s personal injury, pain, and suffering will help Smith’s mother receive the financial resources necessary for the expensive medical bills and therapy that accompany severe burns like Jordan’s, and will ensure that this family does not have to pay out-of-pocket for any medical treatment. If you or a loved one have experienced a severe injury as a result of someone else’s negligent conduct, the successful personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the exceptional guidance and legal representation necessary to affectively pursue a claim against the responsible party. To schedule a free consultation, click here, or call our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in general personal injury claims, negligent childcare accidents, work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic motor vehicle accidents, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Fourth of July Accident Leaves 28 Injured in Sumi Valley, California

For most people, the 4th of July is an enjoyable and relaxing holiday. For the thousands attending the fireworks show in Sumi Valley, however, the day ended in a terrifying and stressful way when the city-sponsored show went horribly wrong. Almost 10,000 people were in attendance and eagerly awaiting the start of the show when most attendees noticed that the fireworks stopped shooting into the sky, sending the pyrotechnics into the large crowd. The wooden platform holding the live fireworks tipped over just as the show began, directing the fireworks straight into the audience. Spectators immediately started fleeing but many of those who were videotaping the show caught the terrifying accident on videos as shown below: 

(Credit to YouTube user camstack1)

(Credit to YouTube user "WeAreTheSavageNation")

 

Legal Commentary - Majed Nachawati - Author

The accident left 4 seriously injured and 20 people were taken to the hospital for moderate injuries. One police officer has shrapnel tear through his leather belt and clothing. Luckily, emergency crews were already at the accident site and treated the most minor injuries at a triage area. Unfortunately for all involved, however, it appears that someone's negligent actions most likely caused this terrifying accident. 

Simi Valley Police Commander Stephanie Shannon states that the structures that held the fireworks collapsed. Other authorities state that early detonations were to blame for the accident. Once these detonations took off, several canisters of live fireworks tipped over, shooting across the ground. That begs the question: Did the company that was hired to install the fireworks, Bay Fireworks, neglect to ensure that a structurally secure frame was properly was installed and that the fireworks detonated at the correct time? The show has been sponsored by both the city and the local Rotary Club for the past 43 years. In this case, they may also be held responsible for the injuries that the accident caused. They did, after all, have a responsibility to hire a capable firework installation company and to ensure that the show was safe for residents to attend. 

In this scenario, it may be possible for any individual hurt by the firework explosion to bring a claim against the city of Simi Valley, its Rotary Club, and the company hired to install the fireworks for their negligence. Though their actions were admirable in wanting to produce a show for Simi Valley residents, they also had a duty to keep residents safe and failed to maintain that duty, which resulted in several injured residents. As with other big accidents, the insurance companies of all parties involved will want to mitigate and downplay this accident but an individual who hires an attorney will be able to find out why the accident occurred in the first place and whether or not it could have been prevented. . 

 

About the Author: 

Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in work accidents, premise liability, and product liability claims. Mr. Nachawati is a former judicial law clerk who has settled and tried numerous lawsuits to verdict, resulting in large recoveries for his personal injury clients. That's why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in wrongful death and serious personal injury cases across the nation and has clients in every state. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by telephone at 1.866.705.7584. His legal background is featured at his Super Lawyers Profile.

 

Rattlesnake Strikes Amarillo Child

Children, required by law to attend school, have a right to safe classrooms, cafeterias, and playgrounds. A rattlesnake in Amarillo, Texas, however, has proved that the Bushland school district isn’t doing enough to protect the rights of the children in their custody.

 

A five year-old kindergartner at Bushland Elementary School was playing in the school soccer field yesterday when a rattlesnake bit him. Rattlesnake bites cause a variety of harms that can be as mild as nausea or as severe as heart failure. Importantly, children often experience more severe symptoms because the amount of venom injected into their body is relatively large, given their small size.

 

Fears | Nachawati helps personal injury victims understand their rights and determine the right way to respond to their injury. In the case of the Amarillo student, the Bushland school district clearly owes a greater duty of care to the students in their charge. Has your child been injured at school because of unsafe premises? Find out by contacting our expert attorneys! Just call 1.866.705.7584 or email info@fnlawfirm.com

New Braunfels Police Put a Chill on Contraband Coolers

For many Texans, "floating the river," whether it’s the Guadalupe, the Comal, or one of the Hill Country's many other fast-flowing waterways, is a longstanding summer tradition. This year is unlike years past, however, as police throughout the Hill Country crack down on illegal activity on the river, particularly public intoxication and drug possession.

 

The New Braunfels Police Chief, for instance, reported to the city council recently that his officers have worked overtime this summer, arresting 220 people and writing more than 1,200 citations. By comparison, this summer's NBPD arrest totals are more than twice what they were last year and citations are up 132 percent. Experts acknowledge that this year's unusual drought is a big part of what's driving tourist traffic to the Hill Country. While other lakes and rivers are at record lows, the Comal, a spring-fed river, is flowing at its customary clip.

 

The additional traffic is generally good news for New Braunfels and the more than half billion dollars projected to flow into the community as a result of the relatively high-flowing Comal. That traffic is bad news, however, for the people wanting to float the river. More people will result in more congestion and, unfortunately, more accidents and injuries.

 

Are you planning on floating the river this summer? If so, you should be careful! You might be in control and know what you're doing, but that doesn't mean that everyone else on the river does, too. Hundreds of tourists are injured on the Hill Country's rivers every summer. If you're one of them this summer, talk to the legal experts at Fears | Nachawati who understand how to handle your claims. For a free consultation, just call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

Gregg County Inmate Dies Unexpectedly

Michael Aaron Garner, a thirty-year old prison inmate in Gregg County jail, died unexpectedly last week. County Sherriff Maxey Cerliano reported that Mr. Garner’s body showed no signs of trauma and that toxicology reports remain outstanding. Although previous reports suggest that Mr. Garner had a history of heroine and methadone use, Mr. Garner’s mother, Cheyenne Smith, stated that her son had no health issues and had communicated serious concern about prison conditions.

 

Garner’s untimely death raises important questions about the safety of not only the Gregg County jail, but county and state prisons across Texas. If you or a loved one are imprisoned – for an hour, a day, or longer – you are placed under the care of the local or state government. You still have rights! The attorneys at Fears | Nachawati understand the extent to which civil liability stretches to the premises of government-run facilities. If you notice things that don’t add up, talk to us. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us fight for you!

El Paso's Elephant Butte Lake Home to More Than 80,000 Campers

Within a two-hour drive from El Paso, Texas, is Elephant Butte Lake, the preferred destination for 80,000 Memorial Day campers. Over the course of the summer, Elephant Butte Lake will host hundreds of thousands of visitors. However, for Texans attending Elephant Butte Lake or one of the many lakes across Texas, it’s important to remember the risks of camping and state parks. Gusty winds can cause fires; lakes are frequently home to water moccasins, water-borne diseases, and the risk of drowning. And, of course, boating presents a multitude of dangers, including boating-while-under-the-influence.

 

If your summer turns out to be a lot less fun than you imagined because someone injured you or your loved ones during a camping trip, it’s important to call the personal injury experts at Fears | Nachawati. With years of experience and dedicated expertise, we can help you! Just call at 1.866.705.7584 or send an email to info@fnlawfirm.com

Houston Shop Owner Learns about Premises Liability the Painful Way

The owner of Innovations Automotive, a Houston body shop, is learning first-hand about the law of premises liability. Charged late last week with having a firearm accessible to a child and scheduled to appear for a court date later this month, Milton Almanza faces criminal charges – and could face civil charges, too – stemming from the tragic and unfortunate death of a 10-year-old boy. The victim, Kenneth Govea, fatally shot himself with a .25 caliber semi-automatic pistol he found in Mr. Almanza’s shop.

 

The tragic case of the boy, the shop owner, and the gun are important for business owners throughout the state of Texas. Simply put, the law of premises liability makes owners legally responsible for the dangers associated with their shop. For Mr. Almanza, the tool that he hoped would give his shop greater security is actually the weapon that could cost him time in jail and thousands of dollars in civil damages.

 

Want to know more about premises liability and the unseen legal risks that you and your business might face? For a free consultation that could save you more than you might imagine, talk to the injury experts at Fears | Nachawati. We’re in the business of helping you! Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com

San Antonio Man Struck by Union Pacific Train

In the early morning hours last Sunday a San Antonio man died when he was struck by a Union Pacific train. This tragic accident was particularly unusual because it was one of three Union Pacific accidents during the earlier morning hours. A short time after the fatal accident, a UP train slammed into a vehicle which had stalled on the tracks, and 10 minutes afterward, an eastbound UP train struck a basketball hoop stand which had fallen over the tracks. Three accidents in the same night is unusual and suggests to some safety experts that Union Pacific may be careless with its routes and timetables.

 

In 2010, U.S. train companies were involved in more than 11,000 accidents and killed more than 700 people. Moreover, last Sunday’s accidents are not statistically unique: more than 95 percent of accidents in 2010 occurred at the intersection of highways and rails and nearly a thousand accidents occurred on yard track, just like the incident that took a life in San Antonio.

 

If you or a loved one have been injured by a train, you need a law firm that understands the unique complexity of railroad accidents. For excellent, experienced and expert representation, contact the professionals at Fears | Nachawati. Call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help!

Butane and Hydrofluoric Acid Leak at Texas City Refinery Scares Public

Earlier this week a butane and hydrofluoric acid leak at Marathon Oil’s Texas City refinery prompted a shelter-in-place order. A shelter-in-place order is a common emergency procedure used to minimize the risks of outside, dispersing contaminants. Marathon and other refineries contend these orders are essential in protecting the public.

 

However, some question the effectiveness of shelter-in-place orders. In a situation like Marathon’s butane and hydrofluoric acid leak experts worry that residents will not follow the order; alternatively, if the public does follow the order, they won’t be adequately protected in the event of a worst-case scenario. Residents and observers also question Marathon’s public relations approach to shelter-in-place orders. When confronted with questions by news outlets and citizens about the order, Marathon provided a brisk, non-informative statement: “The source of the release has been located, and crews are working on isolating it. There has been no off-site impact.” For residents worried about their health and the safety of their children, Marathon’s approach isn’t helpful.

 

Are you worried about shelter-in-place orders and refineries which impose risks on the public without appropriately consulting or informing local residents? If so, direct your questions and concerns to the personal injury experts at Fears | Nachawati. Premises and community liability are important legal issues. We can help you defend your rights and protect your interest. Call 1.866.705.7584 or send an email to info@fnlawfirm.com

Guest Dies at Houston Livestock Show and Rodeo

A 46-year-old man died on the last day of this year’s Houston Livestock Show and Rodeo when he fell from a roller coaster, the HiMiler. Despite the on-the-scene efforts of emergency medical personnel, the man died in a Houston-area hospital soon after the accident. At its highest point, the HiMiler is 53 feet high, although last weekend’s victim’s fatal was reportedly only about 28 feet.

 

Roller coasters are a hallmark of spring and summer fun in Texas. Unfortunately, too often men, women and children are injured by poorly designed and improperly maintained facilities. In the wake of the tragic accident, the safety measures in place at the time of the accident on the HiMiler have come under severe scrutiny.

 

If you’re injured on a roller coaster at a carnival, rodeo or amusement park, you should immediately contact the personal injury experts at Fears | Nachawati. With years of experience and expertise, we’re ready to defend your rights and secure the compensation you deserve. Call 1.866.705.7584 or send an email to info@fnlawfirm.com.

 

Texas Child Faces Recovery from Burns

 Zachary Pope, 6, is recovering steadily in a Lubbock, Texas hospital after sustaining serious burns to his face and upper body. Although his mother and brother were able to escape the house fire with only minor burns, Zachary suffered considerable injury before finally reaching safety. Over the last two weeks, he’s undergone skin grafts on his arms, thighs, chest and face.

 

Fires cause burn injuries to thousands of Texans every year. Tragically, in many cases these fires are preventable and would not occur but for the negligence of landlords. If you’re apartment has caught fire recently, you may have a cause of action against the owner of the facility for unsafe premises. To find out more about what your next steps should be, contact the personal injury professionals at Fears | Nachawati. Give us a call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

Texas Skiers at Risk of Skiing-Related Injury

Between Thanksgiving and mid-March, tens of thousands of Texans travel to the Rocky Mountains of New Mexico, Colorado and Utah. They participate in winter sports and skiing and most have a great time; however, an unfortunately large number succumb to skiing-related injuries. Despite ski facilities’ protestations about the “inherent risk” of skiing and other attempts to disclaim liability, important recent statutes and court decisions in these states have underscored that ski resorts retain liability for park terrain.

 If you’ve been injured this winter in a skiing accident, contact the injury experts at Fears | Nachawati immediately. We understand the challenges you face and your legal needs. For a free consultation, call 1.866.705.7584 or send an email to info@fnlawfirm.com

Man died at John Peter Smith hospital pharmacy

A man died earlier this week in the pharmacy of John Peter Smith hospital in Fort Worth.  Witnesses report that the man was discovered slumped over in a chair.  Help was called, but medical personnel did not arrive for at least ten minutes.  When help did arrive, a non-functional defibrillator was first used on the victim but apparently it was not charged up.  Emergency responders then tried to use a second defibrillator, which also did not work.  Medical workers then tried CPR and took the man away from the pharmacy for further treatment.  Their attempts to revive the man were unsuccessful.

If you or a loved one has been injured or hurt on someone else's property, you may have legal rights.  Call Fears | Nachawati today to discuss your potential case.  1.866.705.7584. 

23 injured in condo balcony collapse

23 people were injured when the balcony of a condominium unit in Austin collapsed.  The incident occurred during a party at the Garden Court Condominiums about four miles from downtown Austin.  Authorities believe that 30 people were on the balcony when it collapsed.  Area hospitals treated the 23 hurt individuals for injuries ranging from cuts and scratches to bone fractures.  Fortunately, no one was killed in this incident.

If you have been injured as a result of the negligence of a property owner, you may be able to seek reimbursement of your medical costs and compensation for your injuries, time lost from work, and other damages.  Call Fears | Nachawati today at 1.866.705.7584 to discuss how we can help you. 

Fan hurt in fall at Rangers Ballpark

A fan fell thirty feet trying to catch a foul ball during the 5th inning of Tuesday's Rangers game.  According to the team spokesperson, the fan, a man, fell from the club level into the lower bowl seating area.  The man was conscious and responsive when paramedics reached him, and was taken to John Peter Smith Hospital in Fort Worth for further treatment.  Several other spectators were injured when the man landed on them. 

If you have been hurt on someone else's business property, the attorneys and legal professionals of Fears | Nachawati are here to help you get justice.  Call us today for a consultation at 1.866.705.7584.

Five injured in explosion in restaurant

Five people were injured in a gas explosion in a Mexican restaurant in Gainesville, Texas.  Three women, a young girl and a toddler are being treated at Parkland Memorial Hospital in Dallas for burns.  One victim is in critical condition, while the other four are in serious condition.  The natural gas explosion occurred in the restaurant's kitchen.  Investigations continue. 

If you have been injured on business premises or on someone else's property, you may be entitled to compensation for your injuries, lost wages, and/or pain and suffering and other damage.  Call the experienced attorneys of Fears | Nachawati today at 1.866.705.7584 to discuss your case.

Texas Supreme Court upholds liability against bar owner

The Texas Supreme Court recently upheld a lower court decision holding a bar owner responsible for injuries a patron sustained as a result of a brawl with others at the bar. 

The fight occurred after 90 minutes of escalating tensions between a group of fraternity members and a wedding party.  During that hour and a half, members of the two groups exchanged insults, and some shoves and pushes.  After the fight broke out, Plaintiff Bradley Smith entered the melee to rescue a friend.  Smith was attacked and suffered severe injuries including a skull fracture and brain damage.

The Court rejected Del Lago's argument that it should not be liable for the criminal acts of its patrons, reasoning that the establishment had a duty to protect Smith since the danger became foreseeable during the 90 minute lead up to the fight. 

The case is Del Lago Partners, Inc. et al v. Smith, No. 06-1022.

If you have been injured, contact the attorneys of Fears | Nachawati today to receive free legal assistance.  Phone us toll free at 1-866-705-7584 to speak with one of our Texas personal injury lawyers. 

Texas woman files lawsuit against apartment complex after fall from retaining wall

A Texas woman has filed a premises liability lawsuit against an apartment complex after falling while walking her dog. According to the lawsuit, a lack of adequate lighting and guard rails is to blame for her fall from a retaining wall at the Tyler, Texas, apartment complex.

The plaintiff, Terese Swords, filed the premises liability lawsuit against Dial Equities, doing business as The Arbors on Chimney Rock, on March 2nd.

The incident in question took place on the evening of December 13, 2008. Swords, according to her complaint, was walking her dog through a pedestrian common area of the complex. She was on her way to an area designated as a pet region.

As she was walking her dog, Swords claims in her Texas premises liability lawsuit, she fell off of an unmarked and unguarded wooden retaining wall. Swords claims that her leg collided with a tree stump, causing her leg to break. Swords further claims that she was lying on the ground for more than 30 minutes before anyone answered her cries for help.

In her complaint, Swords charges the complex with negligence for failing to maintain the area and for failing to warn of the hazardous condition. Swords argues that the area in question is unreasonably dangerous because there is no guard railing and it lacks sufficient lighting.

Swords seeks more than $75,000 in damages, including damages for physical impairment, anguish, emotional distress, physical pain and suffering and disfigurement and scarring, along with damages for her medical expenses.

To read more on this Texas premises liability lawsuit, click here for the full article.

Texas woman sues Wal-Mart after falling over packaging material left on floor

A premises liability lawsuit has been filed by a Texas woman who tripped over packaging material while shopping at the Beaumont Wal-Mart.

The plaintiff is Susan Henderson, who claims in her Texas premises liability lawsuit that she was shopping in the Wal-Mart on Christmas Eve of 2007. According to allegations made in the lawsuit, Henderson tripped and fell over packaging material left on the floor by a store employee.

Henderson states that the fall caused her permanent and severe injuries.

In her premises liability lawsuit, Henderson claims that Wal-Mart should have known that the material on the floor presented a dangerous condition.

Henderson alleges that Wal-Mart was negligent on several counts, including failure to properly train and supervise employees, failure to provide proper warning of the dangerous condition and failure to hire competent employees.

Damages sought by the plaintiff in her lawsuit include pain and suffering, physical impairment and medical expenses.

To read more about this Texas premises liability lawsuit, click here for the full article from the Southeast Texas Record.

Personal injury lawsuit filed against Texas restaurant over falling light fixture

A Texas woman has filed a personal injury lawsuit against a restaurant after being struck by a falling object at the establishment.

According to her Texas personal injury lawsuit, plaintiff  Eliazar Zapata Spears was hit on the head by a falling light fixture while patronizing The Fish Spot, a Texas City eatery, in April of 2008.

Spears claims that no one touched the lamp but rather that it fell because of the vibrations caused by the loud music; the restaurant was holding a karaoke night at the time of the incident.

In her Texas personal injury lawsuit, Spears claims that the restaurant breached its duty to its customers by failing to keep the area safe from falling objects. The suit further alleges that the defendants should have known about the risk of putting unsecured items over the heads of areas where patrons would be situated.

Representatives of The Fish Spot, Clint Waddel, Vickie Pike, Mary Melghem and Leslie Melghem, have also been named as defendants.

Spears is seeking damages for lost wages, pain and suffering and mental anguish.

Click here to read more about this Texas personal injury lawsuit.

Proving fault in a slip and fall case

“Slip and fall” is a term used to describe a personal injury case in which the person slipped, tripped or fell on someone else’s property and was injured as a result. Slip and fall cases are one type of claim that falls under the broader category of premises liability.

Property owners have a legal duty to exercise a reasonable level of care in maintaining a safe premises in order to prevent injury to visitors.

Therefore, a property owner has a duty to make reasonable inspections of their property and, if a dangerous condition is detected, to either repair it or provide adequate warning of the condition.

When a property owner fails to use reasonable care in managing and maintaining their property and someone on their property is injured as a result, the property owner can be held liable.

Whether or not the property owner will be held liable depends on whether your can prove that the property owner was at fault. In order to bring a successful slip and fall claim, you must be able to prove one of the following:

  1. The property owner created the dangerous condition.
  2. The property owner knew about the dangerous condition and failed to correct it.
  3. The property owner should have known about the dangerous condition because a reasonable person would have discovered and corrected it.

Keep in mind that the court will also consider whether the injured person’s own carelessness contributed to the accident. In Texas, the rule of comparative negligence applies to slip and fall cases. As a guest on someone else’s property you have a responsibility to exercise reasonable caution and avoid open and obvious dangers.

If you have been injured on someone else’s property and believe that you may have a slip and fall claim, you should seek the immediate advice of a personal injury attorney. A personal injury lawyer will be able to evaluate the facts of your case and determine whether you have a valid slip and fall claim.

Tips for preventing slip and fall accidents in snow and ice

Winter weather conditions such as snow, sleet, ice and freezing rain all pose the risk of slip and fall accidents. Particularly in Texas, where pedestrians are less accustomed to traveling in snow and ice, we must take extra care when walking in winter weather conditions.

You can help prevent slip and fall accidents caused by snow and ice by following these safety tips:

  • Remove the snow from the bottom of your shoes before entering a building.
  • Slow down and take smaller steps.
  • Be aware of the surface conditions where you’re walking and walk around, ran than through, patches of snow and ice when possible.
  • Focus your attention on walking.
  • Wear shoes with rubber soles that have good traction.
  • Give yourself extra time to get where you’re going so you can walk more slowly.
  • Avoid the temptation to walk with your hands in your pockets. You need your arms to restore your balance if you slip.
  • Use handrails whenever possible.

Snow and ice are two of the most common causes of slip and fall accidents. Snowy and icy conditions can cause slick surfaces on sidewalks, stairs and parking lots that can pose a serious hazard to pedestrians. Ice and snow can also hide underlying defects in surfaces, such as cracks and potholes, that can lead to slip and fall accidents.

Slip and fall accidents account for 20,000 deaths and 300,000 serious injuries each year, so it’s wise to exercise caution whenever you’re out walking, but particularly when ice and snow are present.

If you or someone you love was injured in a slip and fall accident caused by an icy sidewalk, contact a Texas personal injury attorney to learn about your legal options.

Common causes of slip and fall injuries

You’re walking down the street when a crack in the sidewalk causes you to trip and fall. You’re browsing the aisles at your local grocery store when water on the floor causes you to slip and fall. These are both examples of the types of hazardous conditions that can cause what’s known in legal terms as a “slip and fall” injury.

Any number of dangerous conditions can cause a slip and fall injury, but there are certain common causes that Texas personal injury lawyers regularly encounter. These include:

  • Slippery substances, such as grease or ice
  • Lack of lighting
  • Poor lighting
  • Lack of handrails on stairways
  • Uneven walking surfaces
  • Cracked walking surfaces
  • Holes in walking surfaces
  • Loose tiles

If you have been injured after a slip and fall accident caused by a dangerous condition on someone else’s property, it is in your best interest to seek the counsel of an experienced Texas personal injury attorney.

Elements of a successful Texas premises liability lawsuit

If you are injured while on someone else’s property, you may be able to bring a personal injury lawsuit against the owner. This type of personal injury lawsuit is known as a premises liability lawsuit. An example of a premises liability claim is a slip and fall accident at a grocery store.

In order to bring a successful premises liability lawsuit in Texas, you must be able to prove each of the following six elements:

  1. A condition existed on the defendant’s property that posed an unreasonable risk of harm to a person present on the property.
  2. The defendant knew, or should have known in the exercise of ordinary care, that the condition of their property posed an unreasonable risk of harm.
  3. The defendant should have anticipated that a person on the property would not discover the danger or would fail to protect themselves against it.
  4. The defendant was negligent in that they created the condition, knew about the condition and negligently failed to correct it or should have known about the condition.
  5. The plaintiff was injured.
  6. The condition of the defendant’s property caused the plaintiff’s injury.

If you were injured because of a dangerous condition on someone else’s property, contact the Texas personal injury lawyers of Fears | Nachawati today to receive free legal assistance. Simply email us or phone us toll free at 1.866.705.7584.

Plaintiff status in Texas premises liability law

In Texas, as in most states, the duty of care a landowner owes to a person on their property depends on that person’s status. Your status is the circumstances under which you entered the premises, and this status can affect your ability to bring a successful premises liability claim.

In terms of their relationship to the landowner, a person is placed into one of three categories: invitee, licensee or trespasser. The amount of care the landowner owes you depends on how you are categorized.

Invitee: An invitee is someone who entered the premises with the owner’s knowledge and for the mutual benefit of both parties (a commercial or business purpose). An example of an invitee is a customer in a store.

Invitees are owed the most stringent duty of care. A landowner must protect an invitee from both the dangerous conditions of which the owner is aware as well as the dangers which the owner should have been aware of after reasonable inspection.

Licensee: A licensee is someone who entered the premises for their own benefit, pleasure or convenience with the owner’s permission. An example of a licensee is a dinner guest.

A landowner is charged with the duty of warning the licensee against dangerous conditions of which the owner is aware.

Trespasser: A trespasser is someone who entered the premises without a lawful right or permission to do so. An example of a trespasser is a vandal.

Typically, a landowner owes only a minimal duty of care to a trespasser, which is the duty not to injure them willfully or intentionally. There are limited exceptions to the general no duty of care rule related to artificial conditions that are highly dangerous to children.

If you have been injured on someone else’s property, contact the Texas personal injury lawyers of Fears | Nachawati today for free legal advice. To speak with one of our experienced Texas personal injury attorneys, email us or phone us toll free at 1.866.705.7584.

Mexican restaurant is sued after trip-and-fall accident

A Texas woman is suing a Mexican restaurant after tripping and falling while on their premises

Renovations were being performed at Bravos Mexican Restaurant in December of 2008. Sandra Hamm was a patron at Bravo’s Mexican restaurant when, according to the lawsuit, her foot got caught in a seam of the unfinished floor.

Hamm then lost her balance and fell, suffering what the lawsuit describes as “serious and permanent bodily injuries.”

The lawsuit names both the restaurant and the company performing the remodeling work, Engineered Contractors, as defendants.

Hamm’s personal injury lawsuit claims that Engineered Contractors was negligent in the way that they performed their work and in failing to give an adequate warning to those walking in the area where the incident occurred.

In this premises liability lawsuit, Hamm is seeking $50,000 in damages.

Click here to read more on this Texas personal injury premises liability lawsuit.

If you were injured on someone else’s property and believe you may have a personal injury lawsuit, contact Fears | Nachawati today. To speak with one of our Texas personal injury lawyers, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Premises liability: Inadequate security

If you were injured on someone else’s property, the owner of that property may be liable for your damages. Certain circumstances give away to what is known as a “premise liability” lawsuit, which is one basis for a Texas personal injury lawsuit.

One type of premises liability lawsuit arises when inadequate security contributes to a person being the victim of some type of criminal act. Such criminal acts can include robbery, car theft, assault, kidnapping, rape or even murder.

Many inadequate security claims arise from attacks perpetrated in shopping centers, hotels or apartment complexes. When you are on one of these types of properties, you have a reasonable expectation of security and safety – which means the owner of the property owes you a duty to take reasonable steps to maintain a safe and secure environment.

Factors that can contribute to inadequate security include:

  • Lack of trained security staff on the premises
  • Poor lighting in parking lots or parking garages
  • Inadequate security systems within a building
  • Overgrown trees
  • Lack of security cameras

If you have been the victim of a criminal act on a premises with inadequate security, contact Fears | Nachawati today for free legal advice about a potential premises liability lawsuit. You will receive a no charge legal consultation from one of our Texas personal injury lawyers. You canemail us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas man files lawsuit over burns suffered in explosion

A Texas man has filed a lawsuit against two Nome residents alleging he was burned in an explosion while on their property.

The plaintiff, James Anderson, says he was at the home of Virgil and Rodney Martel performing yard work on June 23rd. At that time, claims Anderson, he heard some noises coming from a building on the property.

Anderson decided to investigate the sound, and he entered the building where he found 15-year-old Kevin Martel welding a handle onto a container. While Anderson was standing there, the container exploded, causing what the suit describes as “catastrophic injuries” to Anderson.

According to Anderson’s lawsuit, the container had previously contained some type of fuel or diesel and had not been properly cleaned in preparation for the welding.

In his lawsuit, Anderson is seeking an unspecified amount of damages for lost wages, medical expenses, physical injuries and pain, mental anguish, scarring, physical impairment, disfigurement and loss of household services. Additionally, Anderson is seeking pre- and post-judgment interest.

For more on this Texas personal injury lawsuit, click here for the complete article.

Fears | Nachawati is a Texas personal injury law firm, representing victims of all types of accidents. To receive free legal advice from one of our Texas personal injury attorneys, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas woman files personal injury lawsuit over hotel insect infestation

A Texas woman has filed a personal injury lawsuit against a Galveston hotel. The Texas personal injury lawsuit, which is being brought by Stephanie Griffin of Beaumont, Texas, claims Griffin suffered an attack by an infestation of bugs in the hotel.

 

Padmanabh Inc., the operator of the La Quinta where the alleged attack occurred, has been named as the defendant. In the personal injury lawsuit against the hotel’s operator, Griffin, a grandmother of three, claims she was unable to enjoy her vacation with her grandchildren because of the incident.

 

According to Griffin, after encountering the bugs in her La Quinta room, she suffered itching, severe pain and extreme discomfort. Griffin immediately sought treatment at the University of Texas Medical Branch. Doctors there diagnosed Griffin with insect bites.

 

Griffin says she had to seek follow-up treatment for persistent skin irritation and pain after returning home from her trip.

 

In her Texas personal injury lawsuit, Griffin is seeking medical expenses and lost wages. She has also requested a jury trial.

 

To read more about Griffin’s Texas personal injury lawsuit, click here for the complete story.

 

Fears | Nachawati is a Texas personal injury law firm that provides victims with free legal advice on their potential lawsuit. To have one of our personal injury lawyers review your case at no charge, contact us today.Email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.  

I was hurt on someone else's property. Can I sue the property owner? Premises liability

Sometimes when a person is hurt on someone else’s property, the injured person can bring a personal injury lawsuit against the property owner. Premises liability is the area of law that makes a property owner liable for injuries suffered by a person while on their premises. Premises liability law applies to both private and commercial properties.

When we think about premises liability, a “slip and fall” accident is usually one of the first things that comes to mind. However, there are a wide range of incidents leading to an injury that fall under premises liability law, including:

  • Dog bites
  • Trip and falls
  • Being struck by falling objects
  • Being injured by malfunctioning doors or an elevator
  • Being assaulted because the property does not provide adequate security

Not every injury sustained on someone else’s property is grounds for a Texas personal injury lawsuit. Premises liability comes into play only in situations where the accident was caused by the property owner’s negligent maintenance or operation of their premises.

To be successful in bringing a lawsuit under the theory of premises liability, you must be able to show not only that a condition presenting an unreasonable risk of harm was present on the property, but also that the property owner knew, or should have known, about the condition. Additionally, you have to show that the property owner had sufficient time to discover and correct the dangerous condition.

If you were injured while on someone else’s property, contact Fears | Nachawati today. You will speak with a Texas personal injury lawyer who will answer your questions about premises liability law and determine whether you have a claim.

For your free consultation with a Texas premises liability lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Trial underway in family's lawsuit against Texas Motor Speedway for son's injuries

On October 20, 2006, the Flower Mound Volunteers baseball team headed to the Texas Motor Speedway to celebrate the end of their season. What should have been a day of fun and camaraderie ended in tragedy when one of the young players was hit by a go-kart-type vehicle, leaving him paralyzed and confined to a wheelchair for the rest of his life.

The victim, Ryan Davies, then 11 years old, was the first to drive the Bandolero, the 500-pound miniature race car by which Davies was later struck. One by one, each of Davies’ teammates took turns driving the Bandolero, often at speeds as high as 70 mph.

The ride actually starts in an adjoining parking lot where the driver is strapped into the car and then proceeds to the track. Davies and his teammates were tossing a football in a corner of that same lot while waiting for their turns.

As one of Davies’ teammates was headed across the lot in the Bandolero to enter the track, he lost control of the vehicle. The boy missed hitting a nearby trailer and several parked cars before crashing into Davies.

Ryan’s parents, Karen Zina and William Davies, filed a lawsuit against the Texas Motor Speedway seeking damages which include the $2 million in medical expenses the family has already incurred. This Monday the case began its second week in court.

In the lawsuit, Davies’ parents argue that the Texas Motor Speedway bears 100% of the responsibility for the accident because of its failure to provide signs, barricades, proper instructions and a “kill-switch” on the car.

The Texas Motor Speedway filed a third-party action against the boy who struck Davies and the boy’s parents. Speedway officials argue that the boy’s parents are responsible because they knew he was “incompetent” to drive the car due to a “mental and/or emotional condition.”

In addition to medical expenses, Davies’ parents are also seeking damages for Davies’ pain, suffering and disfigurement. The parents are seeking additional damages for mental anguish for themselves and Davies’ younger brother, all of whom witnessed the accident.

For more details about this Texas personal injury lawsuit and trial, click here for the complete story.

If you or a loved one has been injured in an accident, contact Fears | Nachawati today for important advice about your legal rights. You will receive free legal assistance from one of our Texas personal injury lawyers. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for your consultation.

 

 

Man sues after hitting head on water slide

A Texas man has filed a personal injury lawsuit against a fitness center, alleging the fitness center’s negligence caused his pool accident.

 

In August of 2008, Steven Rank was swimming in a pool located at Life Time Fitness Inc. in Allen, Texas. Rank planned to use the pool’s water slide but hit his head on a bar above the slide’s entrance. The structure in question is an unpadded metal crossbar.

 

Rank’s Texas personal injury lawsuit accuses Life Time Fitness of negligence, claiming that the business failed “to maintain the premises in question in a reasonably safe condition and free of hazards to the plaintiff and other invites entering the premises.”

 

In addition to failure to maintain and inspect the premises, the personal injury lawsuit also accuses Life Time of negligence in failing to properly train its employees and in failing to implement proper rules, procedures or polices to ensure that the premises was safe.

 

Damages sought in the personal injury lawsuit include those for physical impairment, medical expenses, pain and suffering and mental anguish.

 

To read more on this Texas personal injury lawsuit, click here.

 

If you believe you may have a personal injury lawsuit due to injuries suffered in an accident, contact Fears | Nachawati today. You will receive free legal advice from a Texas personal injury lawyer. Just call us on our toll-free helpline at 1.866.705.7584 or email us at info@fnlawfirm.com.

 

What is a slip and fall?

A slip and fall is a type of personal injury case that arises from the victim slipping and falling on another person’s property. It is based on a claim that the owner of the property was negligent in failing to correct the dangerous condition that caused the slip and fall.

 

Not all slip and falls can be the basis for a personal injury lawsuit. Falling is a normal part of everyday life. From time to time, all of us trip and hurt ourselves without any fault on the part of the property owner. Therefore, the most critical aspect of a slip and fall case is to prove that the property owner was negligent and is thus responsible for the victim’s injuries.

 

Property owners have a general duty to keep their property safe. To hold the property owner responsible, one of the following three conditions must apply to the incident:

 

  • The owner of the property, or one of their employees if applicable, caused the worn or torn spot, the spill or the dangerous surface that resulted in the slip and fall.
  • The property owner knew about the dangerous condition but didn’t do anything about it.
  • The owner of the property should have known about the dangerous condition because a reasonable person tending to a piece of property would have detected the problem and taken steps to correct it.

This third situation is the most common basis for a slip and fall personal injury claim. A dangerous condition is one that poses an unreasonable risk of injury. Dangerous conditions can be permanent, such as a crack in the sidewalk, or temporary, such as an icy sidewalk.

 

Types of dangerous conditions include:

 

  • Potholes
  • Poor lighting
  • Spilled liquids
  • Cracked sidewalks
  • Broken stairs
  • Snow or ice on the ground’s surface
  • Torn carpeting
  • Changes in flooring
  • Lack of handrails

Have you been injured in a slip and fall accident? Then you need to contact the Texas personal injury attorneys of Fears | Nachawati for free legal advice. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

Construction site accident facts and statistics

Every day in the United States, workers are injured while on the job. Sadly, the number of injuries – and fatalities – is far higher for those working in the construction industry. In fact, in 2004, the Federal Bureau of Labor Statistics stated that the construction industry has the second highest number of fatalities of all industries in the U.S. The study also revealed that construction workers have a higher-than-average number of days off from work due to illness or injury.

Other studies have indicated that one out of every ten construction workers will be injured on the job at some point during their career.

The stakes are even higher for construction workers in Texas. Since 1992, according to the Bureau of Labor Statistics, Texas has ranked either first or second in the number of workplace injuries per year – construction site accidents accounted for the largest number of those injuries. In 2004, for instance, Texas was in second place with 114 fatalities in the construction sector.

Other shocking statistics related to construction site accidents include:

·         Research conducted by the National Institute for Occupational Safety and Health showed that, in 2007, construction accidents caused the highest number of fatalities of any industry.

·         In 2007, over 1,100 construction-related fatalities were reported.

·         Falls are the most common cause of fatal construction site accidents.

·         After falls, transportation accidents, falling objects and electrocution are the most common causes of construction-related deaths, respectively.

·         Of all workers compensation costs across the country, 15% are due to construction site accidents.

As these statistics show, the construction industry is a highly dangerous occupation that puts workers at serious risk of suffering an on-the-job injury. If you or a loved one has been injured in a construction site accident, contact us today.

 

The Texas personal injury lawyers of Fears | Nachawati provide free legal advice to victims of construction site injuries. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

12-year-old boy killed in construction site accident

 A horrible construction site accident ended in the death of a twelve-year-old boy.

The accident took place at a construction site in Azle, Texas, where a crew from American Gunite Co. was installing an in-ground residential pool in the Covered Bridge Estates subdivision.

At the scene was a truck whose bed was filled with sand. The victim and his 8-year-old brother climbed into the bed of the truck to play in the sand.

After a few minutes in the truck, says the younger brother, the boy was buried in the sand where he eventually suffocated. The younger brother was buried up to his waist in the sand mixture.

The disappearance of the two boys was not noticed until the hose used to pump out the sand became clogged. Upon realizing that the boys were stuck in the sand, workers immediately began digging the boys out with shovels and performed CPR on the victim until paramedics arrived.

The 12-year-old was pronounced dead at Cook Children’s Medical Center. The 8-year-old boy had a broken leg.

To read more about this tragic Texas construction site accident, click here for the full article.

If you or someone you love has been injured or killed in a construction site accident, contact Fears | Nachawati today for a free legal consultation. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Denton woman sues after slip and fall on a soapy CVS floor

A Denton, Texas, woman who slipped on soap on her way out of a CVS Pharmacy is now suing for her personal injuries.

The slip and fall victim is Denton resident Vicky Avelar. The suit named both CVS Pharmacy Inc. and the owner of the property where she fell as defendants. Avelar is seeking $150,000 in damages for her injuries.

According to her personal injury lawsuit, Avelar suffered physical pain, mental anguish, disfigurement and impairment as a result of the accident. She is also suing for her medical expenses.

The suit alleges that the soap at the front entrance of the store, Little Elm CVS, created a dangerous condition. It further alleges that the defendants either knew about the soap or should have known about the soap.

In her suit, Avelar argues that the defendants had a duty to rectify the condition and to warn her that the condition existed.

Click here to read more on Avelar’s personal injury lawsuit.

Fears | Nachawati represents victims of slip and fall accidents in bringing Texas personal injury lawsuits. Contact us today for a free legal consultation about your potential claim. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

 

Hiring the Best Personal Injury Lawyer

People often do not know where to turn when it comes to dealing with a serious personal injury case or finding the best or top injury lawyers.  Here are some factors you should consider when it comes to hiring a personal injury lawyer:

Factors important in hiring the Best Personal Injury Lawyer:

1.  Has the lawyer or law firm your are considering hiring ever tried a lawsuit?  If so, when was their last trial and what was the outcome? 

2.  Has the lawyer you are considering hiring ever been disciplined by the State Bar of Texas? (check www.texasbar.com)

3.  Has the lawyer ever completed a judicial clerkship--a prestiguous honor bestowed on only approximately 2% of lawyers in the nation?

4. Does the lawyer you are considering hiring sound well-informed and knowledgeable regarding personal injury law?

5. Has the lawyer ever settled a case or tried a case and obtained a significant recovery?

6.  Does your lawyer have the necessary resources to prosecute your case?

7.  Can you relate to the lawyer and does your intuition tell you that the lawyer is trustworthy?

8.  Where did the lawyer go to law school, and more importantly, what has the lawyer's practical experience been since law school?  Remember, years of experience does not necessarily mean a more competent lawyer.

This list of factors is non-exclusive.  The author of this article, attorney, Majed Nachawati, is frequently quoted by newspapers, media, and has been recognized as a top lawyer.  Mr. Nachawati is a former judicial law clerk and has settled and tried numerous lawsuits to verdict resulting in large recoveries for his personal injury clients. Questions or comments can be emailed to mn@fnlawfirm.com or by telephone - 1.866.705.7584.

Waco strip club being sued for negligence over parking lot stabbing

Two men stabbed outside a Waco, Texas, strip club two years ago are suing the establishment, claiming the topless dancers manipulate male patrons and create a dangerous atmosphere.

On June 26th, 2007, two men, Aaron Moreno and Michael Gutierrez, were patronizing the Waco exotic nightclub Two Minnies. Later that night, both men were stabbed outside in an altercation that began inside the club.

The suit names Two Minnies and the club’s owners, James W. Scarborough and Carol A. Scarborough, as defendants.

The altercation allegedly began when a third man became upset that a particular dancer was spending too much time at Moreno’s table. The man, the suit claims, assaulted Moreno inside the club and the altercation continued outside when Moreno was pushed through an exit door into the parking lot. The exit door, the suit alleges, was then locked by the club’s employees, “leaving plaintiff Aaron Moreno outside and unprotected.”

Gutierrez went outside to attempt to help Moreno and was stabbed twice.

The lawsuit alleges that the nightclub was negligent because it failed to train employees in safety procedures, provide security guards or stop the assaults. In addition, the nightclub is accused of being negligent for allowing customers to carry weapons into the bar and for encouraging its dancers to promote the excessive consumption of alcohol.

In addition to the claims of negligence, the lawsuit further alleges that the nightclub is responsible for the plaintiffs’ injuries because the “defendants’ female dance employees are trained by defendants to manipulate male patrons in a manner that produces behavior and conduct that results in patrons’ safety being compromised.”

For the full story, click here.

The law firm of Fears | Nachawati represents victims in Texas personal injury lawsuits. To find out if you may have a personal injury claim, contact us today to receive a free consultation. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Stewart Richardson, Arlington Drunk Driving Accident Severely Injuring Abdallah Khader - Requests for Statements by Any Witnesses

Our  law firm, Fears | Nachawati, represents baby boy Abdallah Khader and his family.  Abdallah, who was in his car seat, was tragically injured in a crash caused by two bars over serving a patron, Stewart Lee Richardson, who visited the bars, Applebees located at 2021 Highway 287 North, Mansfield, Texas 76063 and Mr. B's located at 2860 N. Hwy 157, Mansfield, Texas 76063.  After leaving the bars severely intoxicated, he crashed into the rear of the Khader's vehicle, seriously injuring all four members of the family.

In connection with the investigation, our lawyers are seeking statements from any eye witnesses or bar patrons that regularly visit or drink at Applebees in Mansfield or Mr. B's in Mansfield.   

Anyone having information about Stewart Richardon's drinking at both Applebees in Mansfield, Texas and Mr. B's in Mansfield, Texas on the night in question, February 20, 2009, or other instances of over serving customers at Applebees and Mr. B's are encouraged to contact me to provide a statement in connection with the ongoing investigation.  Any witness statements would be greatly appreciated by the parents, who are picking up the pieces of their broken life. 

IF YOU ARE AN EYEWITNESS OR HAVE INFORMATION ABOUT STEWART RICHARDSON, THE APPLEBEES IN MANSFIELD, OR THE MR. B'S IN MANSFIELD, please contact the attorney for the family, Majed Nachawati, on his direct line 214.461.6170.

Personal Injury Mediation - What should I expect?

Mediation in personal injury cases typically occurs after a lawsuit is filed, but before a trial before a jury or judge takes place.  Once an injury suit is filed, mediation is usually your last chance to resolve your case, absent a full-blown trial, and , many cases in fact settle at mediation.  During mediation, the mediator is a neutral arbiter between the parties and their goal is to try and resolve the injury claim in a manner that all parties can live with.  Your lawyer should explain to you how mediation works well in advance.  Typically, mediation lasts a half day or a full day, depending on the complexity of the case.  At the beginning of mediation, parties meet in one conference room where your lawyer makes a short presentation to the mediator and the party being sued concerning the facts of your injury case.  Sometimes, the attorney for the party being sued responds with a brief statement and the parties then break into separate rooms.  The mediator typically goes back and forth into separate conference rooms with monetary offers.  If the parties to the injury suit can come together on a settlement, the mediator drafts a short settlement agreement and the injury claim is finalized usually within 30 days following mediation.  If however, the parties are unable to come together on a fair settlement, the case will go to trial.  It is important to ensure your lawyer is willing to go the distance and take your case to trial if necessary.  Lawyers at my firm, Fears | Nachawati, attend mediation frequently, and more importantly, will absolutely take a case to trial if the negligent party (at fault party) is unwilling to pay a fair and reasonable settlement amount. If you have an injury claim and need legal help or advice, contact me at mn@fnlawfirm.com or by phone - 1.866.705.7584.

Personal Injury Claims - How long do I have to file suit?

In Texas, the amount of time a person has to file their claim or case with the courts varies according to the type of lawsuit or claim that is filed.  While there are limited exceptions to when limitations expires, a lawsuit or claim should be filed well ahead of the expiration of the applicable limitations statute.  The reasoning for filing well in advance is that many complications could arise in computing the time line, and once the limitations date expires, you generally lose your right to sue forever--something you do not want to happen.  General legal information on some Texas statute of limitations is listed below:

- Personal Injury - 2 years from date of injury

- Injury to Property - 2 years from date of injury

- Product Liability - 2 years

- Wrongful Death - 2 years from date of death

- Minors - does not begin to run until minor reaches age 18

Call the lawyers at Fears | Nachawati Law Firm if you have questions about your potential case and the proper calculation or the statute of limitations. 1.866.705-7584 or info@fnlawfirm.com

 

 

Why Handling Your Own Personal Injury Claim is a Terrible Idea

Potential clients involved in an accident or injury claim that seek legal help or free advice from my law firm frequently ask this question--If I hire a lawyer and have to pay attorneys' fees, won't I end up getting less money in the end?

Nothing is guaranteed--however, I cannot remember a time when I had a client who, at first, was handling a claim on their own or was just about to settle with the insurance when they came to me with many questions and reservations about hiring a lawyer.  They trusted our law firm, and it proved to be worth it in the end.

A couple of questions should come to your mind (1) if you were in need of surgery, would you try to do the surgery yourself ? , (2) do you really have what it takes to take on Big Insurance and an insurance claims adjuster who handles thousands of claims a year?

Remember, the insurance adjuster is not under oath when they are dealing with you and they are frequently trained to do absolutely everything in their power to deny your injury claim or pay you as little as possible.  If you are thinking if it does not work out, I can always hire a lawyer later--think again. Commonly, people come in after trying to handle their injury claim with the "do it yourself" approach by giving the insurance company a statement unfavorable to their claim and missing crucial damages they are entitled to under the law. 

If you have an injury lawyer or law firm who works your claim diligently and aggressively, your decision to hire a lawyer is more often than not worth the time.  While most people are concerned about their property damage, I remind potential clients that vehicles can always be replaced, but you only get one body during your lifetime, if you do not look out for your health, who will?

Abraham Lincoln once said, "A man who represents himself has a fool for a client."  If you have legal questions or need help or need legal advice with your personal injury claim, feel free to email or call me - mn@fnlawfirm.com or 1.866.705-7584. 

 

Strategy of Big Insurance, Mediation and Slip and Falls in Texas

Quite typical these days is dealing with insurance companies that employ aggressive tactics in dealing with slip and fall claims that occur in Texas.  For plaintiffs, it is frustrating, as injured clients are often bewildered and shocked that insurance companies would attempt to avoid liability at all costs--even in cases where liability is clear.  Unfortunately, what the average person does not know is that Texas law overwhelming favors Big Business and Big Insurance when it comes to slip and fall liability claims.  It is important to know that the adjusters working for the insurance companies frequently tell defense attorneys how to handle the claim, oftentimes ignoring even the business owner's testimony that they were responsible for the fall.  Big Insurance always points out at some point in most cases that they have the Texas Supreme Court in their back pockets, and they have taken steps through lobbying to ensure that the deck is stacked against any injured person who tries to bring a claim based on premises liability.  It is important for the Texas people to take a stand against Big Business and Big Insurance .  As I always tell potential clients, it is oftentimes easy to ignore the struggle of the injured, but when it happens to you, it is a different story.  A monumental principal of morality is to take the time to walk in the shoes of another in an attempt to understand or appreciate the magnitude of their struggle. Remember, it could happen to you next. If an insurance company is giving you the run around, contact our law office for legal information concerning your potential claim.  mn@fnlawfirm.com or 1 (866) 705-7584.