Texas Injury Law Blog

Tragic Burleson Car Accident Results In Four Deaths

Majed Nachawati — Wed, 19 Jun 2013 14:18:38 -0600

Over the Father’s Day weekend, a tragic car accident occurred that left four victims dead in Burleson. The accident occurred when a pickup truck filled with eight teenagers sped through Burleson-Retta Road and struck a car on the side of the road. Three people had stopped to help the stranded motorist when the pickup hit the car, resulting in the death of all four people. Among those victims were Hollie and Shelby Boyles, a mother and daughter who had come out of their nearby home to help, and Brian Jennings, a popular youth pastor at Alsbury Baptist Church. He had been driving from his eldest son’s graduation party that night. Evidence at the scene of the crash reveals that alcohol was a factor in the accident, as well as careless driving on the part of Ethan Couch, the 16 year-old driver of the pickup truck. Our thoughts go out the victims’ families in this tragic situation.

If you or a family member has been in a similar situation, call us today. Fears | Nachawati Law Firm is available to discuss the facts of a motor vehicle accident tin which you or a family member are involved in that was caused by reckless or drunk driving. Call us at 7.866.705.7584 or email us at mn@fnlawfirm.com.

Partner Majed Nachawati Nominated to Public Justice Foundation

Majed Nachawati — Mon, 17 Jun 2013 14:22:30 -0600

Fears | Nachawati Law Firm is proud to announce that on June 14, 2013, partner Majed Nachawati was unanimously nominated to a three-year term on the Board of Directors of the Public Justice Foundation. As America’s public interest law firm, the Public Justice Foundation is a not-for-profit, 501(c )(3) charitable membership organization that supports progressive litigation. The mission of the Foundation is to increase access to justice by combating threats to our justice system and challenging government, corporate, and individual wrongdoing. Majed Nachawati is honored to have been nominated and hopes to help the organization continue to achieve its public interest goals.

Whistleblower Claims Manufacturer of Actos Downplayed Bladder Cancer Risks

Majed Nachawati — Thu, 13 Jun 2013 07:57:45 -0600

Dr. Helen Ge, a medical doctor and former safety consultant for Takeda Pharmaceutical Company, recently blew the lid on the company after they failed to properly disclose evidence that linked use of Actos to an increased risk of bladder cancer. Dr. Ge knew of the connection but when she tried to report it, company officials resisted and downplayed the number. More than 100 bladder cancers were linked to the use of Actos, but only 72 were reported to the FDA. Not only did Takeda Pharmaceutical Co. fail to disclose an accurate number of bladder cancers related to the usage of Actos, they also failed to accurately report to regulators and proper officials about the hundreds of congestive heart failure cases that were associated with taking the drug.

At all turns, Dr. Ge claims, she encountered resistance from superiors when she attempted to report the truth about the potentially deadly side effects that could result from taking Actos. She was forced to underreport or purposely change her assessments, and ultimately, her contract with the pharmaceutical company was terminated.

As Dr. Ge states, “Takeda’s motivation to fraudulently report and under-report the serious adverse events was driven by an economic desire to falsely enhance Actos’s safety profile and to increase sales.” Unfortunately, this has been true for various pharmaceutical companies whose products have similarly endangered the lives of millions of consumers. Patients should feel confident that the medication they are being prescribed will not potentially disable or kill them. If you or a loved one has been prescribed Actos and later developed bladder cancer or congestive heart failure, the attorneys at Fears | Nachawati are here to speak to you about your legal rights and any potential monetary compensation you may be entitled to. Call us at 1.866.705.7584 or email Majed Nachawati at mn@fnlawfirm.com to discuss your potential Actos claim.

Texas Sawmill Cited by OSHA for Violations After Death of A Worker

Majed Nachawati — Tue, 11 Jun 2013 08:20:37 -0600

In December 2012, a worker at Nix Forest Industries Inc. in Timpson, Texas was killed after he was struck by a broken band saw blade. This sparked an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), revealing that workers were routinely exposed to hazards at the sawmill. Nix Forest Industries Inc. was ultimately cited with 17 safety and health violations, one of which was willful.

Nix Forest Industries Inc. knowingly put the well being of their employees in danger, as indicated by the willful violation, which is a violation that is committed with “intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.” Stephen Boyd, OSHA’s area director in Dallas, states, “Nix Forest Industries failed to take adequate measures to protect workers from a variety of hazards, including being struck-by and caught-between machinery and equipment. Following OSHA standards saves lives. This unfortunate loss of life could have been avoided.” The total proposed penalties total $116,200 but a dollar amount does not replace the unnecessary loss of life that occurred in December.

Legal Commentary - Majed Nachawati - Author

In this unfortunate situation, the violations committed are clear. Under Texas law the findings of OSHA in this matter would support a jury finding of gross negligence, and a jury award of exemplary damages, in a jury trial of a lawsuit filed by the surviving family of the deceased worker. In fact, due to the gross negligence committed by the sawmill and the extent to which these violations endangered employees, a jury could easily award exemplary damages far in excess of the total penalties proposed by OSHA of $116,200.00. Such an award would serve the purposes of punishing Nix Forest Industries Inc. for its disregard in employee safety that resulted in the worker’s death in this incident, and helping to deter Nix and other employers from committing gross negligence in jeopardizing the safety and lives of workers in the future.

Again, while any monetary damages do not replace the loss of life, employers like Nix Forest Industries Inc. should be held accountable for their wrongdoing. If you feel like your employer has been similarly negligent or you've been hurt on the job, call us to learn more about your legal rights to recovery. The attorneys at the Dallas law firm of Fears Nachawati are prepared to advise you. For your free consultation, call us at 1.866.545.8364 or email mn@fnlawfirm.com. We’re ready to help you!

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at his Super Lawyers profile.

Table Saw Industry Continues to Resist Finger - Saving Safety Device

Majed Nachawati — Mon, 10 Jun 2013 11:07:34 -0600

Table saws are a tool used daily by millions of people across the United States. They can easily be found in wood shops, at construction sites, and inside the homes of do-it-yourselfers. It’s no surprise then that more than 67,000 people suffer blade contact injuries, according to government estimates. Of these injuries, 33,000 injuries are treated in emergency rooms and more than 4,000 result in amputations of one or more fingers.

But what if these accidents and injuries could be prevented? That’s exactly what SawStop, a new table saw company, seeks to fix. They’ve created a safety device called SawStop that allows the blade of a saw to distinguish between wood and flesh, thus preventing any serious injuries from occurring. Since its inception, SawStop has recorded 2,000 “finger saves,” where users of the saw, had they been using a conventional saw, would have severely damaged or lost a finger. Instead, they received minor cuts or a few stitches, reducing the need for extensive medical care and any associated bills.

Unfortunately, fingers are still being sliced off since SawStop was created, but little has been done by the industry to introduce this technology in all table saws. More established table saw companies and the Power Tool Institute have pushed against the use of this new technology, arguing that the cost of society from table saw accidents, an estimated $2.36 billion, is exaggerated. But there’s also more at stake for these companies: if SawStop takes off, companies would have to face liability for accidents with conventional saws.

If a technology exists that would prevent life-altering table saw injuries, then companies that resist implementing it should be held liable for the accidents that their table saws cause. If you’ve experienced an injury due to a table saw, you deserve to know your legal rights. Fears | Nachawati Law Firm is actively representing clients who have been injured by table saws. If you’ve been hurt by a table saw, call us at 1.866.545.8364 or email us at mn@fnlawfirm.com for a free consultation.

On The Job Accident Results in Death of Two Employees

Majed Nachawati — Thu, 06 Jun 2013 13:21:17 -0600

On Wednesday night, two men were tragically killed when an unmanned forklift rolled onto them. The two men, identified as 59-year-old Jimmie O’Farrell and 51-year-old Robert Berg, were working inside a truck at a Dallas plastics company when the unfortunate accident occurred. While it is still unclear why a forklift was left unattended, what is clear is that a serious violation most likely occurred at the time of the accident.

On the job accidents occur every day in Texas but many victims are afraid to call an attorney for fear of retribution from their employer. Your accident at work may not have been deadly, but that doesn’t mean it can’t affect every part of your well-being. If you’ve been in a work-related accident, there are questions you should ask to find out if your employer shares any responsibility for the injuries you’ve sustained. Want to know more? Give us a call at 1-866-705-7584 or send an email to mn@fnlawfirm.com. We’re ready to help you!

Drunk Driver Who Killed Off-Duty Lancaster Officer Finally Sentenced

Majed Nachawati — Wed, 05 Jun 2013 06:59:06 -0600

Last summer, Lancaster officer Dustin Dodson was driving his motorcycle home after his night shift when Ricardo Espinoza, intoxicated at the time, turned in front of Dodson. The officer died from a skull fracture after being thrown from his bike, leaving behind his wife and their three young children. The drunk driver fled the scene, but was later caught and arrested.

Today, Espinoza pleaded guilty to intoxicated manslaughter and has been sentenced to 28 years in prison for Dodson’s death. Unfortunately, accidents like these are far too common in Texas. Had Espinoza not driven drunk, Dodson would still be serving the public today.

Legal Commentary - Majed Nachawati - Author

Obviously Espinoza is legally responsible for Officer Dodson’s death. Under certain circumstances, however, additional parties might also be responsible for the injuries or death resulting from a drunk driver’s actions, such as a bar or restaurant which negligently over serves alcohol to a customer who then drives while intoxicated and causes a motor vehicle accident. Fears Nachawati Law Firm is available to discuss the facts of a motor vehicle accident in which you or a family member are involved caused by a drunk driver, to explore whether you might want to retain our law firm to pursue a claim for money damages against the drunk driver, and possible additional responsible parties such as a business which negligently over serves alcohol to the driver.

About the Author:
Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at his Super Lawyers profile.

Majed Nachawati Appointed to Grievance Committee

LexBlog — Mon, 03 Jun 2013 16:00:00 -0600

We are proud to announce that partner Majed Nachawati has recently been appointed to the District 6 Grievance Committee of the State Bar of Texas. This appointment is very prestigious, as less than 400 volunteer attorneys and public members are appointed to 17 grievance committees across the state. As part of his new role, Mr. Nachawati will be responsible for ensuring that attorneys throughout the state of Texas are held accountable for their actions and that they remain dedicated to their clients. Mr. Nachawati is dedicated to protecting the public through his work on the Grievance Committee and hopes to advance and improve the quality of legal services to the public during his term.

Free Auto Accident Advice

Majed Nachawati — Wed, 22 May 2013 14:25:11 -0600

Free auto accident advice from one of Dallas' best accident lawyers can be helpful when faced with an auto accident. Auto accidents involving personal injury can have devastating effects on the person or person injured in a crash. Frequently, many believe they can trust the insurance company to "take care of them," or believe they can file a lawsuit without the assistance of a lawyer--both of these misguided beliefs can result in terrible consequences for the injured victim. All too often, I receive inquiries from people injured in an auto accident who try to represent themselves and make fatal mistakes in the process. For example, suing the wrong party or legal entity, failing to properly serve the at fault party. The list goes on and on. The best thing to do is hire a personal injury lawyer to handle the matter for you. This will save your claim, save you a lot of headache and anxiety by allowing a professional to handle the matter. For free auto accident advice or information, feel free to call and speak with me--214.890.0711--or email me at mn@fnlawfirm.com.

Are You Facing an IVC Complication?

Bryan Fears — Tue, 21 May 2013 06:40:11 -0600

An estimated 350,000 Americans have undergone an inferior vena cava (IVC) surgery, allowing a doctor to insert a filter into their blood vessel that’s designed to prevent pulmonary embolism. For most, it’s a procedure that goes off without a hitch. For a notable minority of several hundred, however, complications following an IVC surgery have resulted in severe injury and even death.

Whether your IVC complication is the result of someone’s carelessness and whether you may recover under negligence or product liability theories are important questions to ask. Some experts, in fact, believe that IVC manufacturers understood the risks associated with their product better than the doctors and consumers who used them. If that’s the case for you, you may have a valid legal claim.

Want to know more about your rights under the law? The attorneys at the Dallas law firm of Fears Nachawati are prepared to advise you. For your free consultation, call us at 1.866.545.8364 or email mn@fnlawfirm.com. We’re ready to help you!

Texas Lawmakers Consider Change to Text Message Law

Bryan Fears — Tue, 21 May 2013 06:38:38 -0600

In Austin, the Texas 83^rd legislative session is in full swing. Among the many laws under consideration is former speaker of the House Tom Craddick’s House Bill 63. This piece of legislation, which has passed the House and awaits action in the Senate, would prohibit drivers from reading, writing, or sending a text-based communication while operating a motor vehicle unless the vehicle is stopped.

House Bill 63 isn’t groundbreaking. Thirty-nine states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands have all adopted similar laws, including ten states in the last two years alone. The reasons for this uniform shift in public policy are both statistical and political. The U.S. National Highway Traffic Safety Administration (NHTSA) reports at least 3,000 deaths per year are related to text messages; and public opinion polls routinely find an overwhelming number of Americans in support of text-while-driving bans.

How may House Bill 63 affect you? Even if House Bill 63 doesn’t pass, this measure is clear evidence that the risk perception associated with texting and driving is shifting. Texans more readily accept that texting while driving is an unsafe practice and that it puts other people on the highway at risk.

Legal Commentary – Majed Nachawati – Author

Was your recent traffic accident the result of someone else’s careless decision to text and drive? You shouldn’t assume that a jury would think their decision to text and drive was reasonable. Many states, Texas residents, and Texas lawmakers would beg to differ. Find out how their careless conduct may impact your ability to recover under the law. Talk to the attorneys at Fears | Nachawati today. We’re ready to advise you.

About the Author

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Understanding the Link between SSRIs and Autism

Bryan Fears — Tue, 21 May 2013 06:37:10 -0600

Selective serotonin reuptake inhibitors (SSRIs), a powerful class of drugs commonly used to treat depression, can have profound, unintended consequences on a child who experiences in utero exposure. According to a recent study, for instance, women who took SSRIs like Prozac, Paxil, or Zoloft were twice as likely to have children with autism spectrum disorder (ASD) and four times as likely to have autism if their mother ingested autism during the first trimester.

“What did you know?” and “When did you know it?” These are two particularly important questions in this area of the law. For many women, the act of taking an antidepressant wasn’t necessarily the result of a legal wrong. Taking an antidepressant without being told of its potential side effects, on the other hand, is something altogether different. You deserve full disclosure from the maker of a powerful drug like Zoloft; if you received less than a complete understanding of the risks, you may have experienced a legal harm that entitles you to compensation.

Want to find out more about your rights under the law? The attorneys at the Dallas firm of Fears Nachawati are prepared to answer your questions and advise you of your rights and responsibilities under the law. For your free consultation, call us at 1.866.545.8364 or email mn@fnlawfirm.com. We’re ready to help you.

Wrongful Death Statute May Protect Motorcycle Victim's Rights, Family

Bryan Fears — Sun, 12 May 2013 17:18:22 -0600

In Dallas County, a female motorcyclist was killed two weeks ago when a car slammed into the back of her motorcycle. Travelling on I-20 at high speed, the accident happened quickly and, tragically, with lethal finality.

In response to the possibility that the driver of the car that caused the wreck might have violated Texas criminal law, county law enforcement has considered whether to bring criminal charges. While a criminal suit may protect future drivers from the careless driver and send a clear message to other would-be reckless drivers, a criminal case would do nothing to avenge the civil rights of the victim.

Fortunately, Texas civil law includes an important statute – the wrongful death statute – that provides an avenue of relief for this kind of wrongdoing. In some ways, a wrongful death lawsuit is more challenging than traditional negligence claims. The unexpected loss of a loved one can raise complex and painful emotions. Likewise, the absence of victim testimony can raise unique legal and evidentiary challenges. For these reasons, it can be helpful to have an attorney at your side who understands the emotional issues you’re facing as well as the nuanced legal challenges associated with you case.

Want to know more about wrongful death lawsuits and how the dedicated attorneys at Fears | Nachawati may be able to help you? With years of experience and dedicated expertise, our North Texas lawyers and professionals combine familiarity with your community with a profound knowledge of this area of the law. For more information about your rights and how to fight for your family’s legal interests, talk to us today.

About the Author

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Comparative Negligence Shields Passengers from Harsh Effects of Tort Law

Bryan Fears — Sun, 12 May 2013 16:39:19 -0600

Traditional tort law followed the principle of contributory negligence. Based on the idea that a victim should not be allowed to recover if he participated in the cause of his injury, the old rule of contributory negligence was coldly logical – and produced unjust results, in some cases.

Fortunately, in the 20^th Century, Texas modified its tort law to replace the strictness of contributory negligence with a more flexible and equitable approach, known as comparative negligence or proportionate responsibility. In Texas, if a victim is less than 50 percent responsible for the cause of his injuries, then he may recover from a liable defendant that portion of the harm that he may attribute to the defendant.

The Texas approach to comparative negligence is important for victims of last month’s Cardinal Coach Lines Inc. charter bus accident in North Texas. At the time of the accident, some victims may have been acting carelessly, such as standing or walking in the aisle while it was travelling. Under the law of proportionate responsibility, however, their carelessness may reduce their damage award, but it will not preclude them from a chance at justice.

Want to find out more about your likelihood for a recovery under Texas negligence law? The attorneys at the law firm of Fears | Nachawati are prepared to answer your questions. For your free consultation, contact our professionals today. Just email us at mn@fnlawfirm.com or call 1.866.705.7584.

The Future: An Important Consideration in Litigation about the Past

Bryan Fears — Tue, 07 May 2013 08:47:44 -0600

Lawsuits tend to focus on the past: who did what to whom. In addition to placing blame on the irresponsible party, however, personal injury lawsuits are also about the future. They ask questions about what might have been. In fact, although some damages are about past grievances, some of the most important – and potentially valuable – damages are an estimation about future earnings or future quality of life.

The Cardinal Coach Lines Inc. accident that shook North Texas last month is likely the basis for lawsuits from virtually every one of the more than forty passengers who suffered injury and property damage as a result of the accident. One of the most important questions that remain is simply which passengers intend to step forward and pursue their rights under the law.

At least two victims rights’ are already being protected. The first reported lawsuit in the Cardinal Coach Lines Inc. case was filed by a 74 year-old woman seeking up to half-a-million dollars in damages. More recently, the bereaved family of an 84 year-old who died in the accident filed a wrongful death suit.

The question for the remaining victims and their families is whether to take action. When thinking about this question, it’s important to remember that such a lawsuit isn’t just about the past. It’s also about the future – and the future that might have been.

Want to know more about how to protect your legal rights and interests? Speak with the professionals today at Fears | Nachawati today. Our attorneys are ready to provide you with your free consultation. Just email us at mn@fnlawfirm.com or call 1.866.705.7584.

The Intersection of Bankruptcy and Personal Injury Law

Bryan Fears — Sun, 05 May 2013 22:00:05 -0600

The Cardinal Coach Lines Inc. accident that rocked North Texas last month is a classic example of some of the unseen legal risks that may be associated with a personal injury lawsuit – and why it’s imperative that victims act promptly.

Organized in May 2007, Cardinal Coach Lines Inc. has many of the appearances of a successful company. It runs five buses 250,000 miles per year. It has annual earnings of more than $2,000,000. It employs 12 people, including seven drivers.

The success of Cardinal Coach Lines Inc. may be more illusory than an observer might first suspect. Between December 2008 and March 2009, Cardinal proceeded through Chapter 7 bankruptcy. And it had a couple of violations during its last inspection.

Sadly, many companies operate surprisingly close to insolvency. Intensive capital costs, such as high-quality charter buses, and inflexible labor costs, such as labor, give the owners and managers of these close-run businesses little room for error. A catastrophic event, such as an unanticipated and severe collision like the one that Cardinal experienced in April, can overwhelm the firm’s balance sheet with new liabilities – like personal injury claims – and force the business back into bankruptcy.

Of course, insurance should pay for some costs. The firm’s past profits and equity should also buoy a stressed firm, too. However, particularly where liabilities are significantly larger than predicted, this financial cushion may not be enough. This lack of capital can cause creditors, including tort claimants, to race for what available dollars exist.

Victims of an accident may soon find themselves struggling through the nuances of not only tort law, but also bankruptcy law. Where this is the case, it’s important to have representation from a firm that understands both disciplines. Fortunately, the attorneys at the Dallas law firm of Fears | Nachawati have precisely this skill set.

Want to know more about how we may be able to help you and your family recover after your charter bus accident? The attorneys and dedicated professionals are ready to answer your questions at a free consultation. Email mn@fnlawfirm.com or call 1.866.705.7584.

DPS Report May Transform Cardinal Coach Case

Bryan Fears — Mon, 29 Apr 2013 21:44:39 -0600

Earlier this month, the lives of more than forty Texans were unexpectedly and, several cases, permanently injured when a charter bus driven by an employee of Cardinal Coach Lines Inc. rolled, ejecting several passengers and hurting many more.

Speculation in this particular case and the pattern of evidence in countless others had pointed to the possibility that careless conduct may have contributed to the accident. A report by the Texas Department of Public Safety last week confirmed what many victims, families, and experts had suspected: the driver was at fault.

The basis of the DPS’s report was, in part, an admission by the 65 year-old driver who had caused a highway fatality fifteen years earlier. In an after-accident interview, the driver admitted that he might have blacked out moments before the collision. This disclosure, combined with a witness who did not recall the loud bang often associated with a blowout significant reduced the likelihood that the accident was the result of a mechanical failure, such as a blowout, as was more probably the result of human error.

Importantly, the driver may not have been the only party liable for human error. The DPS report, particularly its findings that underscore the driver’s age, driving history, and possible medical condition, raise profound questions about the hiring practices of the employer, Cardinal Coach Lines Inc. Charter bus companies, like all businesses, have an obligation to hire qualified personnel, particularly in instances in which human lives are at stake. Critical questions remain as to whether Cardinal acted with appropriate care.

Last week’s DPS report may have spurred some victims to action. Already, four victims or their families have taken legal action in an attempt to hold the negligent parties accountable and to recover for the legal wrongs they suffered. Want to find out whether a civil action might be the right approach for your loved ones? The experienced attorneys and dedicated professionals at Fears | Nachawati may be able to help you. For your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584.

The Role of Damages in the North Texas Charter Bus Accident

Bryan Fears — Mon, 29 Apr 2013 21:01:29 -0600

The charter bus accident in Dallas earlier this month was a rock-and-roll event. The bus rolled; and families were rocked. Sadly, more than forty senior citizens were injured and two were killed.

In the weeks following the accident, many victims and their families are trying to determine how best to move forward. At least two victims have made the decision to file a personal injury lawsuit against the charter bus company, Cardinal Coach Lines Inc., and the driver, Loyd Earl Rieve.

Why might these victims file a negligence claim? The short answer: damages. In the law, damages is the legal term for the physical, financial, medical, and emotional injuries that a victim has suffered. When you’ve got medical bills piling up, lost wages, and lasting physical conditions, damages give you the opportunity to return to the way you were.

Damages are also important for the larger community. They signal to other would-be defendants that negligent conduct may result in serious losses. They encourage other victims to fight for their rights. And they punish wrongdoers for their misdeeds.

How may the role of damages influence your charter bus accident lawsuit? To find out the answer, you may want to speak with the professionals and dedicated attorneys at the law firm of Fears | Nachawati today. With years of experience and dedicated expertise, we know how to provide for your legal needs. For your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584. We’re ready to help you.

Is a Products Liability Lawsuit Right for You?

Bryan Fears — Sun, 21 Apr 2013 23:18:40 -0600

For the victims of this month’s Cardinal Coach Lines Inc. accident, it can be difficult, confusing and frustrating to sort through the various legal options at their disposal. A negligence claim may be best, but it’s also worth remembering that depending on the facts, a products liability lawsuit may be effective, too.

Products liability is an important area of law because it gives victims an additional avenue for a redress of grievances. In particular, products liability law protects victims who did not suffer harm as the result of negligence, but nevertheless did experience harm as a result of someone else’s inappropriate decisions.

In the context of the charter bus accident, it is possible that the maker of the charter bus manufactured a defective product and failed to warn consumers about those defects. In the accident earlier this month, many passengers were injured not simply when the accident occurred, but rather when the bus rolled over. For those who say that the passengers weren’t wearing their seatbelts, there’s a simple answer: the bus did not come with seatbelts for those in the passenger seats.

Years of research suggest that, first, seatbelts saves lives and, second, buses are particularly susceptible to the type of rollover accidents where seatbelts are most important. Despite these findings, many bus designers not only make buses without safety devices, but they fail to warn end-users about the inherent risks associated with their product.

Want to find out if a products liability action should be part of your legal complaint as a victim of this month’s accident? The attorneys at the law firm of Fears | Nachawati are prepared to give you the advice you need. Put our years of experience and dedicated expertise to work for you. Schedule your free consultation today by emailing us at mn@fnlawfirm.com or calling 1.866.705.7584. We’re ready to help you.

Parameters of a Negligence Cause of Action

Bryan Fears — Sun, 21 Apr 2013 22:54:19 -0600

For almost fifty North Texas residents and their families, two weeks ago marked a turning point in their lives. With the unexpected roll of a charter bus, they now face physical pain and emotional suffering as the result of someone else’s poor decisions. It’s unfortunate and unfair, yes, but it may also be a violation of their legal rights.

If you or your loved one was injured in the Cardinal Coach Lines Inc. accident in early April, it may be time to sit down with the attorneys and dedicated professionals at Fears | Nachawati to find out whether a negligence action is right for you – and what you may able to expect as a result. Under Texas law, all citizens have a right not to experience harm as a result of someone else’s carelessness. Was the injury you sustained a violation of your rights? Texas negligence law may hold the answer to this question.

The classic parameters of a negligence cause of action are duty, breach, cause and harm. Take the owners and operators of Cardinal Coach Lines Inc., for example. As the operator of the bus, Cardinal Coach Lines Inc. has a duty to act reasonably as the provider of transportation services to foreseeable parties, such as passengers. Did Cardinal breach this duty? Did that breach cause the harm experienced by the passengers? If a jury were to find the answer to each of these questions was yes, then the defendant may be liable for the victim’s pain and suffering.

To find out the answers to your questions, talk to our professionals. For your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584. We can help you.