Houston Premises Liability Law Blog

In Baton Rouge, the air always smells of some sort of gas or faint chemical: It mirrors the predominant industrial activity there, the petrochemical industry. However, to some inhabitants, the smell on June 14, 2012, was especially pungent, as if something was going wrong. Many people in the area began to experience different forms of head trauma including dizziness, headaches and migraines. Those without strong immune systems were actually prone to unconsciousness and fainting.

The cause of the extreme reactions in all of the residents of the area turned out to be a plant that was an unsafe premises. Exxon bleeder valve, or a part of an Exxon emissions transport module that was found to be leaking naphtha. Basically, after inserting substances that should not have been there into the water and sewage system of the surrounding area, the emissions ending up releasing tens of thousands of pounds of toxic chemicals into the airstream, including benzene.

Recent investigations following the major industrial accident that caused around $100 million in damage, 200 injuries and 15 deaths at West Fertilizer Co. have raised some important questions about corporate insurance. Sources say that the Texas state government doesn't even maintain a comprehensive list of businesses that are required to have insurance coverage. Hearings also revealed that companies like the West Fertilizer Co. aren't legally required to have liability insurance, even though places like amusement park ride operators and pest control services are.

Although the West Fertilizer Co. did have a liability policy, its value only covered one one-hundredth of the total damage costs. A spokesperson for the Insurance Council said that the $1 million amount was fairly common for policies that dealt with commercial property. He also maintained that the insurance company may have justified the amount by assuming that the likelihood of a fire and explosion was low.

Several cities around the country and in Texas are working to strengthen their vicious-dog laws and broaden the laws to focus more on a dog's behavior rather than the specific breed of the animal. Much of this debate is being sparked by the fatal injuries inflicted on a 4-year-old girl by an American Staffordshire terrier. The animal attack has reignited a debate as to whether or not specific breeds of pit bulls should be banned in cities.

Another reason why more cities are working to increase the severity of their vicious-dog laws while focusing on the behavior of the dog is that it is often difficult to determine the specific breed of a dog when it is a mixed breed animal. Short of doing a DNA test, it is nearly impossible to truly to determine the breed of a dog in a court, which is why law makers want to focus on prosecuting the behaviors of dogs rather than outlawing specific breeds.

A Harris County resident is seeking damages from FedEx, claiming that he suffered severe injuries caused by negligence of the company's employees at its World Service Center near Hobby airport in Houston. He filed the charges in Harris County District Court on Feb. 8, nearly two years after the accident. On March 14th the case was moved to the Houston Division of the Southern District Court of Texas. The man requested that the case be heard by a jury.

He seeks compensation for significant injuries to his head, back, shoulder and knee. The alleged incident occurred on May 20, 2011, when the man went to the FedEx facility to pick up packages. He alleges that a FedEx employee told him that not all of the packages scheduled for pick up would fit on the counter and told him to go to the back of the warehouse. When he did so, he slipped and fell on a puddle of oil when he got out of his vehicle.