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Texas Personal Injury Law Blog

Drug liability: The duty to warn

As you can imagine, there are a lot of dangerous pharmaceutical drugs on the market right now. In most cases, the dangers associated with these drugs can be limited and patients will be aware of the risks they're taking when they consume the medication. However, in other cases, drug manufacturers fail to warn patients of the risks they face when taking their drugs. When a drug company fails to warn like this, it could leave the drug maker financially liable for injuries that result.

According to the law, a pharmaceutical company must warn its customers about potential side effects and contraindications. Most drug companies will do this by labeling a prescription drug with warnings and advising prescribing physicians of potential consequences. However, it's not unheard of for a drug company to refrain from advising its customers about dangers. In some situations, drug companies have even been known to hide information about dangers they were aware of -- just so they could continue churning a profit from selling their dangerous products.

Do you have grounds for a claim after a slip-and-fall accident?

A slip-and-fall accident can leave a Texas victim with serious, even debilitating injuries. If you fell, you know how the aftermath can leave you with both continued pain and financial losses as you seek medical care and recovery. You may feel both physical discomfort and embarrassment after an accident, but your slip-and-fall accident may not be your fault.

Victims of slip-and-fall accidents may find that they have grounds to seek financial compensation for their losses. Often, a fall may not be the fault of the victim, but rather, the fault of the property owner. After a fall, you may find it beneficial to seek guidance regarding the potential for a civil claim.

University student killed in tragic 3-vehicle crash

A tragic motor vehicle crash has left a 21-year-old student of Texas A&M dead. The crash happened on a recent Monday and involved three vehicles on Harvey Mitchell Parkway.

The young woman who died was riding as a passenger in a vehicle that had stopped southbound at a red light. The car was waiting to make a left turn at approximately 5:45 p.m. Police allege that when the car moved forward to make the left turn, another northbound vehicle crashed into the passenger side. The other vehicle had the green light, police said. The force of the collision caused the first vehicle to hit a third, a sport utility vehicle.

What is mass tort litigation?

Most Texas residents have heard of lawsuits that affected thousands of plaintiffs in a similar fashion. For example, perhaps a factory was spilling toxic chemicals into the soil around a residential area, and those toxic chemicals led to thousands of people contracting cancer. One way to help these individuals involves a class action lawsuit seeking a certain amount of damages that will be split up among the class members. Another -- and often far superior -- way of resolving this kind of situation involves mass tort litigation.

Just like with a class action lawsuit, mass tort litigation involves the identification of a specific class of injured plaintiff. Perhaps it's 500 people who were hurt by the same dangerous drug. Perhaps it's 3,000 people who got hurt because of a defective automobile part. In a class action lawsuit, one claim would be filed on behalf of all these people. With mass tort litigation, however, an individual lawsuit will be filed for each plaintiff.

After West Fertilizer explosion, new safety rules stall

If you live north of Waco, Texas, you will probably never forget the devastating explosion at the West Fertilizer Company in 2013. Twelve first-responders died in the explosion, and three residents perished. Homes, businesses, apartment buildings, schools and hospitals were leveled, and the entire town of West was affected in some way. You probably suffered losses of your own on that tragic evening.

In the years since the disaster, many have worked, not only to repair the physical damage caused by the explosion, but to repair the lives of those impacted, and to ensure such catastrophes never occur again. However, proposed changes in laws have abruptly stalled, potentially placing millions of people at risk.

Overview of the possible damages in a business breach of contract

When any kind of dispute arises in the world of business, parties on both sides anticipate losses such as loss of time or loss of money. Breach of contract is one of the most common business disputes, with both sides risking a great deal to emerge successfully.

In a typical scenario, all involved parties will seek to resolve the dispute outside of the law. This is beneficial for everyone when it comes to reducing financial loss and lost time. However, these attempts at a resolution may fail, leaving business litigation the only viable option for success. When this happens, it is vital to seek out a business lawyer who has trial experience and a record of standing up for clients.

Who is liable for personal injury caused by fireworks?

With Independence Day just around the corner, this is a timely question. Texas residents enjoy celebrating the Fourth of July and no celebration is complete without a brilliant fireworks display. In most cases, these displays proceed smoothly with no injuries and no property damage. However, sometimes tragedy strikes and fireworks may result in one or more injured parties.

The issue of liability is relevant as long as consumers use the fireworks according to their instructions. When consumers misuse fireworks, little can be done to seek compensation. The question for many is what if personal injury occurred even though the user followed the directions to the letter.

Has a defective defibrillator implant damaged your life?

You may fall into the same category as numerous other individuals who need some type of medical device in order to live your life as normally as possible. Because of the great strides in medical technology, even individuals with serious conditions can sometimes gain the ability to worry less about their health due to the devices provided to them. For instance, you may have a heart condition that requires an implanted defibrillator.

While a defibrillator can offer life-saving measures in the event that your condition causes to you suffer a health-related episode, the possibility exists that you could also suffer harm if your implanted defibrillator has defective parts or other issues.

3 ways social media use can wreck your personal injury claim

Social media outlets have become invaluable resources people use to connect with friends and family. In most cases, these outlets are used to converse about day-to-day life or to spread news from one person to another. Using social media seems like an enjoyable, harmless practice, but sometimes these outlets can cause or worsen legal problems.

For example, if you have suffered injuries in an accident and are pursuing a personal injury claim, your use of social media could have a negative effect on your case. The sections below explain how this could happen.

Pharmaceutical Litigation: All about drug recalls

It is in the best interests of pharmaceutical manufacturers to deliver safe, high-quality medications. However, sometimes unforeseen problems arise with drugs despite rigorous testing. When this happens, drug companies may issue a recall to keep the public safe and to avoid becoming a target in pharmaceutical litigation. Drug recalls happen quite often, although most residents of Texas do not hear about every one of these recalls.

You may be pleased to know that medications cannot become available to the public without the approval of the FDA (Food and Drug Administration). This important process ensures drug manufacturers make safety and quality high priorities. The FDA also continues to monitor pharmaceuticals once they are available to the public.

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