Since at least 1823, our courts have recognized that the perils of seafaring life necessitate unique protections for mariners. Consequently, under general maritime law and the Jones Act, any injured seaman is entitled to maintenance, cure, and unearned wages for...
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Abraham, Watkins, Nichols, Agosto, Aziz & Stogner’s Blog
Initial Data from 2020 Reveals Fewer Drivers but Higher Fatality Rates
The National Highway Traffic Safety Administration (NHTSA) released preliminary data from the first half of 2020, which revealed good news and bad news. The good news is that overall fatalities was down. The bad news is the rate of deaths per mile travelled, which the...
$880,000 Wrongful Death Settlement
Firm attorneys Brant Stogner and Lena Laurenzo have obtained a large settlement in a lawsuit against two trucking companies, 2006766 Alberta, Inc. and Black Deer Transport, Inc. On July 27, 2019, an 80-year-old mother was riding in her adult daughter’s sedan on the...
Behavioral consequences may override driving regulations
Most, if not all, drivers understand the inherent dangers involved with drunk or distracted driving. However, they may not consider how risky it is to get behind the wheel when they’re drowsy. Trying to balance a career, family and social life with self-development...
Woman Files Suit Against Harris County After Violent Rear-End Collision by a Harris County Police Cruiser
On December 28, 2020, a woman (hereinafter “Woman”) filed a complaint in the Harris County District Court against Harris County (hereinafter “HARRIS COUNTY”). The Woman asserts causes of action for negligence and vicarious liability against Defendant HARRIS COUNTY as...
Walmart Sued Over Defective Tricycle Assembly
Walmart was recently sued by a woman who was seriously injured when the brakes on an adult-sized tricycle failed to operate and stop the tricycle. An adult-sized tricycle is the size of a normal adult bicycle, but with two large wheels in the back. According to the...
FDA Issues Recall After Dozens of Dogs Die
A recall was widened after the Food and Drug Administration (FDA) announced that more than two dozen dogs have died from eating Sprotmix brand dry kibble. The FDA and manufacturer believe that aflatoxin, a byproduct of a corn mold, is the culprit behind the...
Reassignment and Jones Act Seaman Status
Because of the special protections and remedies afforded to injured seaman under the Jones Act, one of the most important issues in a maritime claim is determining Seaman status. Ordinarily, to qualify as a seaman under the Jones Act, a maritime employee must spend a...
Uber And Lyft Accidents: Who Is Responsible?
If you are injured in a collision with a driver who is working for Uber or Lyft, or if you are hurt while riding as a passenger with one of the popular ridesharing services, you may be unsure of who is ultimately responsible for your injuries. The good news is that...
Most Dangerous Jobs In America
Most jobs involve an inherent risk of injury or even death. Every day people, whether they are driving a car or handling heavy machinery, put their lives at risk to perform their jobs. But there are certainly some jobs that are more dangerous than others. These jobs...
Drowsy Driving On The Rise In Texas
According to a recent NHTSA report, Texas leads the nation in sleep-related fatalities on the road. More than twenty percent of sleep-related fatalities in the United States occur in the State of Texas, and about twenty percent in Texas involve sleepy drivers....
Range Rover Reverses When Thought To Be In Park
Shadi Farhat was parking her 2017 Range Rover in a parking lot. After thinking she had turned the gear dial to "park," she stepped out of her vehicle. However, the Range Rover rolled back on top of her as she was exiting the car on the driver's side. Mrs. Farhat died...
Wrongful Death Lawsuit Filed Against One Driver, A Third-Party Amazon Delivery Company, And Amazon After Fatal Crash
A Fort Worth driver who failed to safely change lanes on Interstate 35W, causing a fatal traffic accident in October, faces criminal charges and a civil action for wrongful death, according to the lawsuit filed just before Christmas. The lawsuit, filed by the father...
Seven Injured In Fire At Magellan Corpus Christi Facility
An above ground tank containing crude oil caught fire in Corpus Christi, Texas on Saturday December 5, 2020 while it was being cleaned in preparation for an inspection. At least seven people are believed to have been injured with many left in critical condition....
Fatal Truck Crash Caused by Security Guard
Garda has been named in yet another lawsuit involving its armored truck drivers causing car accidents. On September 2, 2020, a Garda armored truck collided with a Chevy Suburban. The driver of the Garda armored truck was not injured, while the driver of the Suburban...
New Year, Same Sobering Statistics
On the night of November 28, 2020, Monica Mendez received news that every parent and wife dreads-her husband and two young children had been involved in a fatal car accident. The accident occurred when David Geissen left the Roadhouse Bar and collided with the...
Texas Supreme Court to Decide if Amazon is Liable if Sellers’ Products Cause Injury
Recently, the U.S. Court of Appeals for the Fifth Circuit certified a question to the Texas Supreme Court asking for an interpretation of whether Amazon is a seller under Texas products liability law. If answered in the affirmative, Amazon is potentially liable for...
More than 190,000 Ceiling Fans Sold at The Home Depot are Recalled
A recall was recently issued for over 190,000 fans that were sold by The Home Depot between April through October of this year. The recall resulted from approximately 50 reports of blades detaching from the fans while in use. Numerous reports of the issue mentioned...
South Korean Manufacturer LG Chem Ltd. Must Face Suit in Texas Over Exploding E-Cig Batteries
A Harris County, Texas Court of Appeals recently held that South Korea's LG Chem Ltd. is subject to the jurisdiction of Texas courts for lawsuits related to the foreign manufacturer's 18650 lithium-ion batteries, which are often used in e-cigarettes. LG Chem Ltd. and...
What Causes Commercial Truck Accidents?
Commercial truck accidents can be potentially devastating for every party involved. Due to their size and weight, an accident involving a commercial truck can be very gruesome. While an average standard car weighs around 1.5 tons, an average loaded tractor trailer...
Holidays, drinking, and traveling: a fatal combination
Many people experience an abundance of emotions during the holiday season. For some, it's a time of celebrating with their loved ones, while others may feel sad and alone. Either way, alcohol is a common denominator. Although driving to gather with friends and family...
Man Nearly Loses Eye After Impact by Large Concrete Slab Being Hauled by Tractor-Trailer
On December 9, 2020, a Harris County resident (hereinafter "Man") filed a complaint in the Harris County District Court against Rincon Trucking, LLC (hereinafter "Defendant Rincon") and Juan Antonio Vasquez (hereinafter "Defendant Vasquez"). The Man asserts causes of...
Elevator Recall Highlights Hidden Dangers of Elevators
The United States Consumer Product Safety Commission approved its first safety recall for a residential elevator. The reason for the recall is that the elevator could pose a danger to children. The recall was only recently issued despite years of several injuries and...
U.S. Congressional Committee to Investigate Several Car Booster Seat Manufacturers for Deceptive Marketing and Unreasonably Dangerous Products
Earlier this month, a subcommittee from the U.S. House Committee on Oversight and Reform called for an investigation over "unfair and deceptive marketing and unreasonable risks to safety" by several manufacturers of car booster seats for children. This announcement...
Kia Recalls 295,000 Vehicles Due to Risk of Engine Fires
Kia Motors America and the National Highway Traffic Safety Administration (NHTSA) recently announced the recall of nearly 295,000 vehicles in the United States due to a problem that could lead to engine-compartment fires. The recall comes approximately one week after...
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