West Texas Town Passes New Dog Ordinance

This week the Midland, Texas City Council adopted a new ordinance that requires the owners of “dangerous dogs” to purchase $1 million in liability insurance.  The new ordinance is a four-fold increase from the $250,000 policy requirement of recent years. The City’s Animal Services director is responsible for identifying dangerous dogs and does so after an investigation. Of note, the measure passed unanimously.

 

Dog ordinances are becoming more common for one simple reason: dog bites are more frequent, too. Dog bites – which most often injure children – can change lives forever! If you or a loved one has been hurt by a dangerous dog, give the injury experts at Fears | Nachawati a call. We can provide you with the help you need. For a free consultation, call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help!

 

San Antonio Teen Charged with Racing

A 10-year-old is in a hospital because an 18-year-old thought it was a good idea to race his car through the streets of San Antonio. At the time of the accident, the 10-year-old was riding in a Ford Expedition with three of his siblings and his parents. The 18-year-old racer was travelling so fast that he injured the child, despite the fact that a Ford Expedition is one of the sturdiest cars on the road today.

 

Have you been in a car accident recently? You need to know all of the facts and how to ask the right questions. The driver that hit you may have been involved in reckless behavior, such as racing, that could increase his or her liability. What questions should you ask? To find out, talk to the Texas car accident lawyers at Fears | Nachawati. We’re ready to help you. For a free consultation, call 1.866.705.7584 or email info@fnlawfirm.com

Chrysler Recalls Nearly 250,000 Ram Pickup Trucks

Texas drivers should know that between 2008 and 2011 Chrysler produced nearly a quarter million defective Ram pickup trucks. According to the National Highway Traffic Safety Administration (NHTSA), a component near the left front wheel is dangerously succeptible to fracturing, resulting in the driver loosing control of the vehicle. Already several drivers and innocent victims have been hurt as a result of Chrysler's defective product.

 

Have you been hurt in a wreck with a Ram pickup? The law governing product liability is complicated. You need the Fears | Nachawati experts who understand how to defend your rights against tortuous manufacturers like Chrysler. Our Texas auto accident lawyers are ready to fight for you. For a free consultation, call 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!

Six Boy Scouts Injured in Heart Attack-Related Accident

Somewhere on Interstate 10 outside of Kerrville, Texas, a Boy Scout troop leader had a fatal heart attack while driving six Boy Scouts home from summer camp. The heart attack caused the driver to lose control of his SUV and veer off the road. Although all six boys were sent to the hospital, fortunately, all escaped serious injury. One passenger, however, did sustain a broken wrist and required longer care in a nearby hospital.

 

What kind of liability do Boy Scout leaders, soccer coaches, and Y-Guides parents have when they take responsibility for your children? If your children are in an accident while their under another parent’s care, who is responsible for the hospital bills? These are simple but important questions. If you’d like to find out the answer, talk the experts at

Fears | Nachawati. Call us 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

Does Change in Texas Law Change Liability Standards?

For many Texans, the answer to a victim with an airway obstruction – most commonly, a fellow diner who chokes on food – is the Heimlich maneuver. In fact, for the last 22 years Texas law has required that restaurants display a poster advising customers and workers how to proper perform the life-saving procedure. However, Texas law is expected to soon change. In keeping with new American Red Cross standards, the new preferred technique is to slap a choking victim on the back repeatedly, up to five times.

 

Some restaurant owners and would-be good Samaritans are asking: should I still follow the decades-long advice of using the Heimlich maneuver? If the old poster remains hanging in the restaurant, should I adhere to posted instruction? Will I be held legally responsible for any harm stemming from the use of the older, “wrong” technique?

 

These are all good questions. If you want to know their answer, contact the personal injury law experts at Fears | Nachawati. As the law changes, we can provide you with the advice and direction you need. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!

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

Houston Mother Arrested for Drunk Child

Last week, Lashawnda Allen was charged with child endangerment. Incredibly, this Houston mother allowed her 20-month-old daughter to drink Four Loko, an alcoholic energy drink. When the child arrived at LBJ Hospital, hospital officials determined her blood alcohol level was 0.09, above the legal limit for intoxication.

 

Ms. Allen faces criminal charges, however, it’s important to remember that domestic abuse and child endangerment cases can also raise civil liability as well. If you are concerned that your daughter or granddaughter might be in an abusive relationship – whether they are endangered by a spouse or parent – it might be time to call the personal injury experts at Fears | Nachawati. We’re devoted to helping people just like you! For a free consultation, call us at 1.866.705.7584 or send an email to info@fnlawfirm.com

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. 

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.

87 year old dies in crash at Texas Motor Speedway

Eighty-seven year old Fred Donald Krusemark of Dallas died recently of injuries sustained in a high-speed crash at Texas Motor Speedway.  Krusemark, a World War II Navy veteran, was riding along with a professional driver on the course as a reward for being a blood donor. 

The car Krusemark was riding in blew a tire on the course, and crashed into a wall.  Krusemark died two days later from blunt force trauma to the head and neck.  The driver of the car remains in critical condition. 

If you have been injured in a car crash, the attorneys of Fears | Nachawati would be happy to review your case and offer you a free consultation regarding your situation.  Call us at 1.866.705.7584 today. 

News roundup: BP's Gulf Oil Spill releases, premises liability at the Texas Supreme Court, and Elena Kagan's nomination

BP has pledged that it will not seek to prevent lawsuits arising from the Gulf Oil Spill based on controversial releases obtained from victims of the blast.  Early reports accused the oil giant of improperly asking workers who survived the incident to swear that they weren't injured and promise they won't sue.  Reports say that workers were presented with these agreements immediately after being rescued, under highly distasteful (and potentially actionable) circumstances.  Fears | Nachawati represents victims of the Gulf Oil Spill, including those who have signed releases under questionable circumstances and those who have been asked to sign releases.  If you have been affected by the Gulf Oil Spill, call us today at 1.866.705.7584 to discuss your situation with our experienced legal staff.  

In other Texas legal news, the Texas Supreme Court has ruled that ice does not create an unreasonable risk of harm that would expose a landowner to premises liability for a business invitee.  In the case at hand, a man was injured when he slipped and fell on accumulated ice in the parking lot of a hospital.  He sued the hospital for his injuries.  The Court's ruling means that the hospital isn't liable for injuries caused by icy conditions that occur naturally.  If the hospital had created the icy condition, or had altered the parking lot in such a manner that a dangerous situation arose, the result would likely have been different and the man could have possibly sued for his injuries.   

In national legal news, President Obama has nominated Elena Kagan to be a Justice of the United States Supreme Court.  Ms. Kagan currently serves as the Solicitor General of the United States, where she argues cases in the Supreme Court on the government's behalf.  Prior to that appointment, Ms. Kagan was the Dean of Harvard Law school.  She has been nominated to fill the seat being vacated by Justice John Paul Stevens.  If confirmed, Ms. Kagan will be President Obama's second appointee to the Supreme Court. 

U.S. Supreme Court allows suit over Vioxx risks

The U.S. Supreme Court has ruled unanimously that a shareholder lawsuit can proceed against Merck & Co., maker of the blockbuster drug Vioxx.  At issue in the case is whether Merck provided doctors and patients with enough information about the drug's risks.  Merck shareholders lost a combined $28 billion overnight when problems with Vioxx became inescapable. 

After FDA warnings, Vioxx was pulled from the market because it dangerously increased patients' risks of heart attack, stroke and death.  Merck has since been sued by numerous patients and survivors who have suffered serious medical conditions they believe was caused by Vioxx.  Several insurance companies have also sued Merck for reimbursement of the costs for covering prescriptions of this drug. 

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.