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Posts tagged "design defect"

Could Zion Williamson Sue Nike?

Duke University's star freshman basketball player, Zion Williamson, suffered a knee injury during a game between Duke and North Carolina. The injury seemed to occur when his Nike shoe appeared to tear as he planted his foot. Williamson, thought by many to be a top NBA draft pick, left the game and did not return. This begs the question: if Williamson suffered a career ending injury, could Williamson sue Nike?

$37.6 Million Verdict Against Honda in Defective Seat Belt Lawsuit

On February 13, 2019, a Texas jury returned a $37.6 million verdict against Honda, finding that the seat belt system in a Honda minivan had a design defect that left a woman paralyzed after the vehicle was involved in a rollover crash.

Texas Jury Finds Lexus Responsible for Injuries to Children

A Dallas, Texas jury awarded more than $240 million to a family that brought a lawsuit against Toyota for injuries sustained by two children in a rear end car accident. The lawsuit alleged that the front driver seats in the family's 2002 Lexus ES 300 were "unreasonably dangerous and defectively designed." Lawyers for the family argued that the front seats and the passenger restraint systems failed during a collision involving the family.

E-Cigarette Battery Explodes and Causes Injury

In February 2016, Daniel Anderson was carrying a spare e-cigarette battery, his keys, and some coins in his left front pocket. When the metal items made contact, it caused a short to the outside of the battery. The resulting explosion caused chemical and thermal burns to Mr. Anderson's left leg and hands.

Another Airbag Failure Resulting in Driver's Death

Firm Partner, Benny Agosto, Jr., successfully settled an airbag defect case last month against General Motors, one of the world's largest car manufacturers. The lawsuit resulted in a combined, confidential settlement for Mr. Agosto's clients. As many are aware, General Motors has come under scrutiny in the previous years, which has led to the recalls of hundreds of thousands of affected vehicles.

Third Circuit Court of Appeals Finds State Law Product Liability Claims Not Preempted by Federal Law

On April 19, 2016, the United States Third Circuit Court of Appeals issued a precedential opinion finding that state law product liability claims for defective aircraft are not preempted by federal law. The Third Circuit's opinion holds that neither the Federal Aviation Act or a federal agency's decision to issue a certificate approving of an aircraft design preempt state law product liability claims. In doing so, the court found that the presumption against preemption applies in the context of aviation accident claims. The court also found that the FAA contains a savings clause that expressly reserves state law claims. In reaching these conclusions, the Third Circuit recognized that most other courts and jurisdictions, including the United States Fifth Circuit Court of appeals that oversees federal district courts in Texas, reject preemption of product liability actions for aviation accidents. The Third Circuit noted that "[b]esides preserving principles of federalism, this conclusion avoids interpreting the Federal Aviation Act in a way that would have 'the perverse effect of granting complete immunity from design defect to an entire industry that, in the judgment of Congress, needed more stringent regulation.'" The Third Circuit's decision is a positive step toward universal recognition of an injured person's right to seek recovery for injuries caused by airplane and airplane part manufacturers who place unsafe products in the marketplace.

Balcony Tragedies

Although balcony calamities are rare, they usually end traumatically. Tuesday June 16, 2015, a birthday celebration quickly turned into a tragedy when a balcony collapsed in apartments near the University of California, Berkley. Thirteen students were thrown fifty feet from the air onto the pavement below. Six students lost their lives that night and seven are fighting to survive. Investigators believe that the collective weight of the thirteen victims overpowered the balcony. Others believe that there was a defect in the design of the balcony allowing rain to damage the supporting wood over the years. The firm that built the apartments has been sued before for similar mishaps in a different project. They are likely to be sued again.

Supreme Court to Hear Arguments Over Genetic Drug Maker Liability

The Supreme Court has agreed that it will hear a case regarding whether a generic drug maker can be held liable in product-liability lawsuit claiming a design defect.

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

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  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs', taking a lead role in the plaintiffs' steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs' steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm's client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

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