Posts Tagged ‘Dallas Accident Lawyer’

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Wal-Mart Pulls Jewelry Off Shelves That Contain Cadmium

May 25, 2010

A Wal-Mart jewelry recall? High levels of the toxic metal cadmium have led Wal-Mart to pull its Miley Cyrus line of children and adult jewelry.

Wal-Mart’s reputation has taken a bath recently. This won’t help. Wal-Mart reportedly received information about the high cadmium levels in February and did nothing. In April, Wal-Mart said it were testing product not on the shelves but to test items already on the shelves would be “too difficult.” Wal-Mart also didn’t define the jewelry at risk, saying it was just jewelry for juniors. After the AP reported the story, Wal-Mart flipped its position and issued a recall of the jewelry.

Are their lawsuits coming here? I doubt it because it will be almost impossible to prove damages at this time from a high level of toxic metal cadmium. However, this clearly underscores that we need a strong, vibrant civil justice system to keep these Fortune 500 Companies in check!

Attorney Scott Edgett is a Texas Trial Attorney with Humphreys & Peterson Law Firm, PLLC in Dallas, Texas.

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Daycare Warning: Drop-Side Cribs To Be Banned

May 25, 2010

The Washington Post reported this weekend that the US will ban drop side cribs amid ongoing safety concerns.

The drop side crib has been on the US market since the 1950, although it is unknown how many are still in use. Because many cribs cost $1,000 or more, many are used repeatedly and handed down to family members, making it difficult to estimate their numbers. By the end of the year, it will be illegal in the U.S. to sell drop-side cribs and for places like daycare centers and hotels to use them. Repeat offenders of the ban, which comes after years of growing concern about the cribs, could face criminal penalties.

The Consumer Product Safety Commission has seen too many recalls and far too many deaths from defective drop side cribs in recent years. Since 2005, more than 7 million drop side cribs have been recalled because of suffocation and strangulation dangers. There have been at least 32 deaths from defective drop side cribs since 2000. Cribs are meant to be safe enough to leave a child unattended and when cribs malfunction, the infant is usually alone.

Safety advocates have been pushing for tougher crib regulations for nearly a decade, with little action. Federal safety standards for cribs have not been updated since 1982 (those infants are now nearly 30 years old).

Safety experts encourage anyone owning a drop side crib to examine it thoroughly. New cribs should be used without the drop side feature. Older or hand-me-down cribs should be discarded and replaced.

With defective cribs, it is absolutely important for crib manufacturers and CPSC to warn not only parents, but also caregivers and day care centers, which may not even know about these recalls. CPSC is warning parents not to give away the recalled cribs or sell it to a thrift store. The lives of innocent children is at risk here. It is absolutely important that these “death traps” be kept out of homes and daycare centers.

The tragedies caused by drop-side cribs must not be forgotten. It’s high time that federal officials finally decided to ban drop-side cribs and came up with strict regulations for safe crib design. Almost all children’s nursery products are made in other countries, a majority of them in China. These dangerous product defects occur because distributors and companies here have almost no control over the quality of products manufactured offshore. This is unacceptable. If your child has been injured by a nursery product, please contact Attorney Scott Edgett, a reputed Texas Trial Attorney, who will go after these defective product manufacturers and hold them accountable. www.TexasJusticeForAll.com

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Dallas Product Liability Attorney On What You Can Expect In Defective Product Litigation?

April 26, 2010

Most of us use manufactured products every day to improve our physical health, mental health and to make life a little easier. We rely on these products to help us in the way that they are supposed to. Products are tested for safety before being placed on the market. However, sometimes products that reach the open market and consumers are not safe for use. When this happens, people may be injured. Injuries may be caused by products that were defective when manufactured, or they may be inherently unsafe for use. Manufactures have a legal duty to test their products and ensure their safety before they are marketed and made available to the public. If a product has risks, the manufactured also has a duty to warn the general public of any dangerous associated with use. If companies do not adequately test their products or do not produce them correctly, injuries may occur when consumers use them. If this is the case, the victim (or victim’s family) may have a claim for injuries and litigation may be appropriate.

Responsible Parties:

There are different types of products on the market and factual situations that may determine the party liable for injuries from defective products. If the product is medical in nature, the liable party may be the manufacturer, the physician who prescribed the medication or medical product or the pharmacist who administered the drug or medical device. For other types of goods, such as machinery, tools, toys and electronics, the product manufacturer may be responsible for the product defect. The product (or market good) may have been defective in design or in manufacturing. The company liable depends on at what point in the product’s creation the defective condition occurred. The company that designed the product may be different from the company that manufactured it.

Additionally, product manufacturers are mandated to test all products for safety and they must meet government safety requirements before a product may enter the flow of commerce. If testing reveals that a product has the potential for harmful side effects or injuries, the manufacturer has a legal duty to warn consumers of these risks.

Possible Legal Claims:

If a person has been injured as a result of using a defective product, he or she may have remedies at law. The causes of action available to an injured party may differ depending on the product, the severity/or type of injury and other specific facts of the case. Defective product cases will generally involve legal claims of personal injury or product liability. In some cases, there may also be a claim for wrongful death. In a personal injury case, the plaintiff (injured party) must prove to the court that the manufacturer had a legal duty to the consumer, that duty was breached, the breach of duty was the direct (proximate) cause of the victim’s injury and that the injury occurred.

In contrast, if the cause of action is for product liability, the plaintiff must prove that the product was either defective in design, defective when manufactured or that the product’s manufacturer know of harmful risks associated with the product and failed to warn potential consumers. In cases of wrongful death, the victim’s family must prove that their loved one’s death was cased by using the product. There may also be wrongful death cases where the company failed to warn consumers of dangers associated with using the product, or, in cases of medical drugs or devices, the doctor failed to warn the victim of potential risks. Other potential claims in defective product cases include fraud, negligence and/or breach of warranty. It is important to discuss your case with an attorney prior to defective product litigation.

If you or a love one has been seriously injured from a defective product, time is of the essence to preserve the evidence and you should contact an experienced product liability attorney that can help you seek justice in the most efficient manner possible. Please contact our office anytime for a free consultation or visit our website: www.TexasJusticeForAll.com.

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Garland and Mesquite Above National Average for Likelihood of Having an Auto Accident

July 24, 2009

According to the Star Community Newspaper, drivers in Mesquite, Garland, and much of the Dallas Fort Worth Metroplex are more likely to get into a car accident than the national average, according to a two year study compiled by a major insurance company.

Allstate compiled and analyzed the average vehicular crash rate and ranked the 200 largest cities in America according to the relative likelihood of being in a collision. Mesquite ranked No. 167, with drivers 36 percent more likely to be in a crash than the national average.

Twenty-one Texas cities were included in the 2009 Allstate America’s Best Drivers Report. Other Dallas-Fort Worth area cities are Fort Worth at No. 133, Plano at No. 162, Grand Prairie at No. 165, Carrollton at No. 166, Dallas at No. 173, Arlington at No. 177, Garland at No. 178 and Irving at No. 183.

Mesquite’s rank fell slightly on the Allstate list. In 2008, Plano ranked No. 150. Sioux Falls, S.D., took the top honor with drivers 26 percent less likely to be in a crash than the national average.

A common sense approach is that any time you put more cars on the same amount of roadway, you increase the probability of a crash.

Since 2005, Allstate ranked America’s 200 largest cities in terms of car collision frequency to identify which cities have the safest drivers. Every year, Allstate actuaries conduct an in-depth analysis of company claim data to determine the likelihood drivers in America’s 200 largest cities will experience a vehicle collision compared to the national average. Internal property damage reported claims were analyzed over a two-year period, from January 2006 to December 2007, to ensure findings would not be impacted by external influences, such as weather or road construction, according to the survey report.

Auto crashes in general have declined over the last few years, but crash fatalities still average about 40,000 every year despite technological advances according to the National Highway Traffic Safety Administration.

Allstate offers the following safe driving tips drivers should consider:

  • Minimize distractions – Engaging in any other activity while driving – talking on your cell phone, text messaging, changing a radio station, putting on makeup – is a distraction.
  • Be aware of road conditions – Ice, snow, fog, rain – all of these weather conditions require extra caution and slower speeds.
  • Leave a safe distance between your car and others around you – Maintain at least one car length space between your car and the vehicle in front of you for every 10 miles per hour of speed.
  • Steer clear of road rage – Reduce stress on the road by allowing plenty of time for travel, planning your route in advance, and altering your schedule or route to avoid congested roads. Remember not to challenge aggressive drivers and stay as far away from them as possible.
  • Maintenance matters – Ultimately, safety also depends on the maintenance of one’s car. Ensure that car brakes, exhaust system, tires, lights, battery, and hoses are in good working order.

Please be safe as you venture out on our local Dallas Fort Worth roadways.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Who is Liable for Amusement Park Injuries?

July 23, 2009

If you are injured while on a ride at an amusement park, would you be able to hold the owner or manager of the park liable for your injuries?

An amusement park owner is not the insurer of the safety of patrons, but is required to take proper measures to remove safety hazards in the park that could cause injury, and to notify patrons if hazards do exist.

Safe Conditions: In maintaining a safe environment, an amusement park owner must routinely:
  • Ensure that all areas are in safe condition for patrons (from grounds and walkways to facilities and rides) See that all equipment is properly designed, built, and maintained;
  • Make sure any child entering a ride is of proper height and weight and old enough to understand and avoid the risks of a ride; or
  • Make sure elderly persons or people with obvious health conditions are warned about the ride’s risks before entering In most states, however, the owner’s duty and liability is diminished for trespassers, although posted warnings explaining the risks of entering a property may be required.
Evident Risks: An amusement park owner may not be responsible for evident risks associated with the proper use of a ride or participation in an event. The owner may not be held accountable if a patron became ill or was injured while:
  • Exiting a ride before it completely stopped, or before being advised to exit;
  • Failing to follow instructions or safety precautions;
  • Reacting to a frightening event, such as voluntary entry into a haunted house (as long as no defect in the ride caused the injury); or
  • Riding a roller coaster (which has an inherent risk of becoming ill) Routine Maintenance

An amusement park owner is responsible for thoroughly testing and inspecting all equipment on a regular basis.

Texas courts require owners to take the same care as most public transportation systems; however other courts require greater care. The amount of care required varies with each different ride.

The owner may be responsible for:

  • Any defect found during a regular inspection;
  • Negligence resulting from either a lack of care or failure to correct a defect that was discovered;
  • Neglect in maintaining safety devices, such as brakes, wheels, conveyor chains, or rails The owner may not be liable for manufacturer’s defects not apparent during regular inspections.

Many different circumstances may cause an amusement park accident. If you, a friend, or a family member, have suffered and injury due to the negligent behavior of the property owner or another party, you deserve compensation for your losses and suffering. It’s in your best interest to have an experienced premises liability attorney on your side.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Dallas Injury Attorney On Swimming Pool Accidents

July 23, 2009

During the scorching summer temperatures here in Texas, a swimming pool can provide hours of enjoyment for adults and children. But a swimming pool accident can bring unexpected tragedy to any family in the blink of an eye. If you have watched the local newscasts or read the local newspapers, then you know of the tragic drowning stories in our neighborhood pools.

Swimming pool accidents occur with more frequency during the summer months, as one might expect. Diving accidents, drowning, and slip and fall accidents are quite common in the summer months when there are a great number of children running around in pool areas.

According to the Center for Disease Control (CDC), in 2005, there were 3,582 fatal unintentional drownings in the United States, averaging ten (10) deaths per day. An additional 70 people died from drowning and other causes in boating related accidents.

More than one in four fatal drowning victims are children 14 and younger. For every child who dies from drowning, another four receive emergency department care for nonfatal submersion injuries. Nonfatal drownings can cause brain damage that may result in long term disabilities including memory problems, learning disabilities, and permanent loss of basic functioning (i.e. permanent vegetative state).

Who’s at Risk?

  • Males: In 2005, males were four times more likely than females to die from unintentional drownings in the United States.
  • Children: In 2005, of all children from 1 to 4 years old who died, 30% died from drowning. Although drowning rates have slowly declined from 2005 to 2008, fatal drownings remains the second leading cause of unintentional injury related death for children ages 1 to 14 years.
  • Minorities: From 2000 to 2005, the fatal unintentional drowning rate for African Americans across all ages was 1.3 times more than whites. For American Indians, this rate was 1.8 time more than whites.

Who’s at Fault?

A determination of liability for a swimming pool accident depends in part on whether the injured person was a guest at the pool, or was there for a business reason, or was trespassing. The legal designations in Texas are as follows:

  • Invitee: Someone who the property owner allowed onto the premises for social reasons, such as a guest invited to a pool party at a private residence, or the guests of a hotel using the pool there.
  • Licensee: A person who was allowed on the property for reasons for business; for example, a swimming pool serviceman or a utility company technician.
  • Trespasser: A person who was not given permission to enter the property where the swimming pool is located. For instance, if the injured person jumped over two high fences and broke a gate’s lock to get into the pool and was then injured, he or she will be found to have some or all of the liability for the accident.

What is Premises Liability?

Premises liability covers most swimming pool accidents. Whether the pool is part of an individual homeowner’s property or at a setting such as a school, park, neighborhood pool area, hotel, or resort, the property owner has a legal duty to maintain safety and health standards at the pool.

When these standards are not met, the pool owner and/or manager may be held civilly liable for an injury or fatality that occurred in or around the pool. Premises liability concerns the determination of who is at fault for an injury on the premises. In a given swimming pool accident, the liability may be entirely the property owners or it may rest sole with the individual who was injured, or both the property owner and the injured individual may be at fault.

What Are The Swimming Pool Risk/Accident Factors?

Many local and state laws and regulations are in place to protect swimmers’ health and safety in private and public pools. Sometimes these safety measures are neglected. A swimming pool accident may be due to such factors as:

  • Inadequate fences or barriers around a pool;
  • Poor supervision of children;
  • Inadequate presence of lifeguards;
  • Poorly enclosed pool drains;
  • Too many people or children in the pool;
  • Slippery swimming pool deck or broken tiles;
  • Poorly trained lifeguards;
  • Excessive alcohol on the premises;
  • Diving board malfunctions;
  • Cloudy pool water that obscures the lifeguards’ view.

Many different circumstances may cause a swimming pool accident, and the injuries that can occur in or around a swimming pool are often overwhelming. If you, a friend, or a family member, have suffered and injury due to the negligent behavior of the property owner or another party, you deserve compensation for your losses and suffering. It’s in your best interest to have an experienced premises liability attorney on your side.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Scott Edgett, Garland Injury Attorney, on Tragic Interstate 30 Auto Accident

July 14, 2009

According to the Dallas Morning News, one man was killed and another was critically injured after they were struck by an SUV on Sunday, July 12th as they filled up their van which had run out of gas on a westbound Interstate 30 service road in Fort Worth.

Floyd Boortz, 78, and a 20-year-old man were filling up their tank near the Cherry Lane exit when a sport utility vehicle exited the highway and crashed into them at about 10 p.m., according to Fort Worth police.

The white van flew into the guardrail while the SUV hit a second vehicle, a Dodge sedan whose owner had stopped to help the stranded travelers, police said. Boortz died at the hospital about an hour later, according to the Tarrant County medical examiner’s office. The 20-year-old man was in critical condition according to police.

The 35-year-old SUV driver and the Good Samaritan were not injured, police said. A female passenger in the van was uninjured, and a 2-year-old boy also in the van was taken to the hospital as a precaution.

I offer my deepest condolences to the family and friends of Mr. Boortz during this tragic time. As for the other victim of this auto accident that survived this auto accident, I wish this victim the very best for a complete and speedy recovery.

In such types of serious interstate automobile accident cases it is important for the victims to consult an experienced civil litigation attorney, who can carefully examine and analyze the facts and determine whether there was any negligence or wrongdoing involved. I trust the local police department officials are looking into the motorist’s actions and how or why he collided with the other vehicles. Who had the right-of-way there? Was the motorist driving recklessly or under the influence? Was he or she distracted at the time of the car accident? All these are questions that need to be answered.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.