Houston Premises Liability Attorneys Blog

Texas insurance regulations may not be commensurate with risk

2013-05-17T17:41:05Z

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.

]]> Academic experts who specialize in insurance issues noted that low coverage amounts are now very common. They also point out that many business hazards are assessed in the same manner as natural disasters, meaning that if individuals don't insure themselves, they may have a hard time dealing with the burn injuries and other ills they suffer.

Employees who work around dangerous facilities may not even know that their employers can't cover their injuries. When they become victims of employer negligence or regulatory nonconformity, they experience serious financial disadvantages. Workplace injury attorneys may be able to help these individuals deal with the many side effects of the long-lasting harm they suffered and gain legally ordered compensation by proving employer fault.

Source: The Dallas Morning News, "Texas makes bounce house operators carry liability coverage, but not plants like West Fertilizer", REESE DUNKLIN, May 08, 2013

26-year-old woman falls to death from bus

2013-05-10T19:10:03Z

Advocates for public safety are watching after a Kansas City mother was confirmed dead when she fell out of a bus and was hit by three vehicles on May 4. The accident happened on I-35 when the emergency exit in the bus opened.

Authorities are inspecting the bus to determine why the door opened. The 26-year-old victim had spent the evening with 15 friends at a pre-wedding celebration. Details concerning how she fell are still unknown.

]]> Only one of the three motorists stopped after hitting her. A passenger in one of the vehicles expressed her feelings and explained that the car she was in couldn't keep from hitting the victim. She added that she saw other cars slow without stopping. She is appalled by the whole situation and hopes that the cause of death can be resolved for the victim's family.

The young woman finally fulfilled her dream of being a mother after the birth of her daughter just a few weeks before her untimely death. Friends reported she was proud and thankful to be a mother. She was engaged to be married and planned to return to school to be an elementary school art teacher.

The bus was operated by a 49-year-old female driver. The company who owned the bus did not comment on the accident. Police continue to seek leads in the case.

After a victim wrongfully dies in an accident the responsible parties should be held accountable for the tragedy. A lawyer who focuses on premises liability might be able to help family members file a law suit for compensation.

Source: KCTV, "Young mother killed after falling from party bus on I-35", Alice Barr, May 06, 2013

Numerous cities work to increase severity of vicious-dog laws

2013-05-04T21:08:17Z

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.

]]> As a pet owner, you have a certain responsibility to your neighborhood in how you handle and train your pet. With many cities adopting stricter pet ordinances to help ensure pet owners are doing their part to train a well-mannered animal, pet owners are running into certain legal issues when their animal acts out in a violent way.

Unfortunately, a pet owner does not have complete control over the way their animal behaves in certain situations. While pet owners can certainly take proactive steps to help ensure that their pet does not attack anyone, they do not have complete control over what their pet will and will not do when it feels threatened. Because pet owners do not have total control over their animal, there is a bit of liability that comes with owning an animal.

If your pet ever attacks someone, it is wise to consult a Houston lawyer with experience in animal bites to help try to protect you against any lawsuits. In certain cases, an animal bite lawyer may be able to help you fight a lawsuit and show that you were not negligent when someone is suing you because they allege they were attacked by your animal.

Source: USA Today, "Some cities tighten vicious-dog laws," Jeff Eckhoff and Sara Sleyster, Apr. 24, 2013

Emergency workers search for explosion survivors

2013-04-26T17:28:54Z

After the devastating blast at the Texas fertilizer company that demolished area homes and buildings, emergency personnel continued their search for victims. While the number of deaths was still uncertain as of April 18, the industrial-site explosion is thought to have claimed the lives of between 15 and more than 30 people. Emergency personnel continued to sift through the rubble for any signs of survivors and remained in a "search and rescue" mode in hopes of finding victims of the blast.

The victims include five volunteer firefighters, four EMS employees and an off-duty Dallas firefighter. Two volunteers who were helping battle the flames have not been seen and are also thought to be dead.

]]> The explosion demolished the fertilizer business about 25 minutes after the fire was reported. Estimates place the number of demolished or severely damaged homes and buildings between 50 and 75 and include an apartment complex, a middle school and a senior care facility.

The explosion shook the ground with the power of a 2.1 earthquake and could be felt 45 miles away. Authorities and federal agents continue to investigate the cause of the accident but believe it was an industrial explosion. In 2011, the business explained to one government agency that it didn't need fire-safety measures becauseit didn't deal with flammable materials. However, it paid a fine of over $5,000 during the summer of 2012 due to a lack of proper safety precautions.

After a premises explosion of such devastating proportions, victims might not know what they should do. A premises liability attorney might be able to file a lawsuit on their behalf so that they can receive fair and just compensation.

Source: USA Today, "Search continues in rubble of Texas fertilizer blast," Rick Jervis and Doug Stanglin, April 18, 2013

Man sues almost two years after slip and fall at FedEx

2013-04-20T10:17:48Z

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.

]]> The plaintiff is suing FedEx for improper maintenance of the warehouse, failing to warn him of a dangerous condition and failing to remove a hazard. The man claims that he is now unable to run his business or enjoy his favorite leisure pastimes.

Victims of slip-and-fall accidents may want to contact a personal injury lawyer to consider their options for legal action. An attorney can advise the injured party on such things as statutes of limitations and other procedural rules in different jurisdictions.

Source: The Southeast Texas Record, "Litigation follows man's slip and fall at Houston FedEx Facility," John Suayan, April 1, 2013

Controversy rages over pit pulls, breeding

2013-04-10T19:42:23Z

In March, a one-year-old boy was mauled to death by two pit bulls belonging to his babysitter, fueling the burgeoning controversy over breed-specific legislation and restrictions in Texas and other states. While a dog bite is possible with any breed, critics believe that pit bulls have been bred to be aggressive for use in dog fights and pose a significantly higher risk than other types of dogs. Opponents argue that the breed is not to blame but rather owners who encourage aggression through lack of knowledge or even deliberately.

Experts have divided opinions on the subject, but many feel that the truth lies somewhere between the two extremes. While not all pit bulls will attack, those that do tend to cause much more serious injuries than other breeds. This has helped build the dogs' reputation as "killers," partially due to the fact that they tend to hang on when their jaws lock down, ripping and shredding flesh. This can lead to debilitating injuries or even death for victims who are unfortunate enough to be attacked.

]]> However, breed advocates continue to support pit bulls and to deny that breed-limiting regulations are fair or will prevent attacks. They also point out that many dogs classified as "pit bulls" are actually different breeds or mixes. They claim that many attacks and bites may actually be caused by other breeds but attributed to pit bulls.

Victims of pit bull and other dog attacks may be entitled to compensation for their injuries. These victims may be able to collect money for medical bills, living expenses, and pain and suffering caused by their injuries. A personal injury attorney may be able to assist the victims in collecting these damages.

Source: Gazette Xtra, "Recent attack fuels pit bull debate," Nico Savidge, March 30, 2013

Assisted living fire sends residents out into the cold

2013-04-05T16:12:50Z

A fire in a Fort Worth assisted living facility led to the necessary evacuation of around 200 people. Many of the evacuees were elderly patients and residents of the care center, and at least one resident later received medical treatment for smoke inhalation. The fire, which emergency services responded to at around 6:45 a.m. on a Sunday, was contained to the fourth floor of the building by the suppression system although firefighters could see the flames from outside when they arrived.

As a result of this multiple-alarm fire, some residents were displaced while others were able to go back to their apartments. During the evacuation, which lasted at least until the fire was contained around 7:30 a.m. the same morning, residents of the building had to wait outdoors in harsh, cold weather. The Red Cross reportedly provided blankets and various aid to the occupants of the 10-story care center. No burn injuries were reported, but the cause of this fire has not been released.

]]> Texas state and federal laws mandate that owners of commercial buildings adhere to well-defined safety guidelines designed to minimize risks to employees and occupants. If they fail to protect the individuals who use their buildings from fires, explosions and other hazardous situations, however, they may be subject to injury liability suits.

Although the injuries reported in this case were minor, they could have had severe negative effects on the health of the elderly residents and the attending personnel who took care of them. Fires and similar disasters can lead to long-term health issues as a result of smoke or building material inhalation, and burns can be extremely severe. Many people who are harmed in similar situations seek legal assistance to establish that the building owners could have taken steps to prevent their injuries and secure compensation.

Source: Houston Chronicle, "Fire forces 200 from assisted living center," March 24, 2013

Houston man burned in garage explosion

2013-03-26T15:58:41Z

A Houston man who suffered third-degree burns over his face and body is suing a gas company for negligence in failing to enforce maintenance and safety. Along with his wife, the man is suing to recover medical expenses and other costs related to his burn injury and hold the company accountable for a natural gas explosion that occurred March 9.

The victim was working in the garage of his home on Saltillo when the gas explosion occurred and caused a fire. He is in critical condition with second- and third-degree burns over nearly half of his body. Fire department workers called to the scene checked for a gas explosion, and workers from the gas company shut off natural gas flow to the area. Authorities have not yet determined how the explosion occurred.

]]> A temporary restraining order has been issued so that evidence may be gathered in the case. The lawsuit seeks undisclosed damages related to the incident. When a company provides services such as electricity or gas to a building, the power company may be liable if safety procedures are not followed and victims are injured as a result.

When someone is injured in an accident involving a utility company, he or she may seek damages from the company to pay for medical bills, pain and suffering, lost wages and other costs. Victims may wish to consult a personal injury attorney to determine the amount they should attempt to collect and how to go about filing a lawsuit against the utility company based on the company's negligence in providing services safely.

Source: The Houston Chronicle, "Lawsuit blames CenterPoint for garage explosion that burned man," Erin Mulvaney, March 12, 2013

Man injured in La Porte chemical plant explosion

2013-03-21T18:56:26Z

On March 4, an explosion of magnesium oxide started a fire that sent one worker at the Akzo Nobel Polymer Chemicals plant in La Porte to the hospital. The worker was treated for burns, but other details about his condition have not been released. The Houston-area plant has a response team in place to address emergencies; that team was able to contain the fire and stop it from spreading. Local fire officials were called to the scene, but their assistance was not required.

There were approximately 85 employees on the site when the plant explosion occurred. They were not evacuated, but neighboring plants put their workers on notice of the emergency. It was not necessary for officials to evacuate homes in the vicinity of the plant either.

]]> An employee who is injured on the job is protected by workers' compensation laws, which requires all employers to carry insurance. The insurance plan must provide for medical treatment necessitated by workplace accidents as well as any lost wages, regardless of whether or not the accident is plant-wide or an isolated incident involving one worker. Fortunately, a potentially catastrophic incident was averted in this case by the employer keeping a response team on hand, but other work sites aren't as prepared.

In addition to employees, any non-employee who is injured due to an accident is protected by the laws of premises liability. Any business that keeps dangerous or unsafe chemicals on its premises is liable if the chemicals escape and a person is injured. This is true even if the company did everything within its power to make the items safe or prevent their release. Victims who are injured in an incident at a commercial building may be entitled to their medical bills and pain and suffering as well as any lost wages. An experienced personal injury attorney may be able to help them file a claim to secure compensation.

Source: Hazard Ex, "Houston chemical plant explosion injures one," March 5, 2013

Jasper County faces challenges related to animal control

2013-03-13T19:58:17Z

A Jasper County Animal Control officer is questioning the safety of county residents after two recent calls raised issues related to county animal control laws. One call involved a dog bite and raises concerns about citizen welfare.

One resident recently discovered a dog under the porch at their home and contacted Animal Control. The Sheriff's Office assisted with the call, captured the animal and brought it to Animal Control. The officer observed serious cut marks on the dog's neck consistent with wire restraints. The Humane Society became involved and cared for the animal, and they hope that the dog will be adopted after it recovers.

]]> In the other incident, a 14-year-old boy was severely bitten by a pack of dogs, only one of which was captured. A Jasper County judge indicated that population growth in the county means that animal control issues stemming from currently lax laws will need to be addressed soon. The county does not have leash laws, but it has not been an issue until recently.

An officer with the Humane Society does not believe that a leash law will work, because they would be difficult to enforce in more rural areas, where bites are usually perpetrated by large breeds. If the county enacts leash laws, animal control will face the challenge of covering approximately 900 square miles of county property to ensure that pets remain in an enclosed area. The county now penalizes owners when their animals bite others.

Dog owners have a responsibility to their neighbors and community members to keep their pets secured. If the dog is a large breed deemed aggressive, additional safety measures should be observed. A personal injury attorney might be able to help the victim of a dog bite hold a negligent dog owner liable in order to obtain fair compensation for injuries and associated medical expenses.

Source: Beaumont Enterprise, "County dog issues raise new questions," Feb. 26, 2013

Insurer announces dropped coverage of bites for dog breeds

2013-03-08T21:54:41Z

A major insurance company said last month that it was notifying home owners in another state that it would no longer cover claims for dog bites from certain breeds of dogs. Farmers Group, Inc., said that is was struggling to quell the growing expenses that dog bites cost the company from pit bull, Rottweiler and wolf hybrid breeds. The while this change only affected one state so far, other insurance companies could also make changes in other states.

People who own these breeds should have an understanding of their violent tendencies. While the animal might seem friendly and most owners would say that the breeds would never hurt anyone unless they were provoked, the statistics show that these breeds have more incidents than many others. According to a report, insurance companies paid out $480 million last year to people who were bit by dogs.

]]> While insurance companies might be dropping coverage of certain dogs, it is important to remember that people should still be held accountable if their dog attacks another person. Injuries from dog bites can often require intensive surgery and long recoveries. On top of physical pain, people can sometimes suffer from anxiety around dogs in the future.

An experience attorney who understands dog bite cases can help people who are injured in Houston. Facing mounting medical expenses on top of their monthly bills can put a lot of financial strain on families. Speaking with an attorney can help a family seek compensation to pay for their expenses related to the dog bite.

Source: NBC Los Angeles, "Coverage to End For Bites by Pit Bulls, Rottweilers, Wolf Hybrids," Sharon Bernstein, Feb. 12, 2013

Lawsuit says gas station liable for man's assault, death

2013-03-01T20:06:24Z

Our Houston readers will be interested to hear about a premises liability lawsuit that was filed in another southern state. In this case, the mother of the victim wants justice for what they view was inadequate security on the site where her son was violently assaulted. The assault happened on Christmas Day in the parking lot of a gas station, but the man only recently died from the severe burn injuries he sustained.

According to reports, the man was pumping gas in his car on Christmas when he was jumped by a group of men. They covered him in gasoline and lit him on fire, leaving his body covered in severe burns that he recently succumbed to.

]]> According to the lawsuit, the owners of the gas station were aware that the area was a hotbed of illegal drug usage and sales, but did nothing to beef up its security. According to the attorney for the victim's mother, 57 assaults have taken place on the premises from 2009 to 2012. The gas company in 2009 was ordered to pay $5.7 million in damages after another patron was murdered at the site of another gas station nearby.

The mother's attorney said that this latest lawsuit should finally send a message to the gas company that it has to take security seriously. Officials with the company insist that they take security seriously, and that they aren't liable for the man's death.

Cases like this can be tricky, because it gets to the heart of the matter of what steps a business owner has to take to ensure customer safety. Who do you think is liable in this case?

Source: NBC 6 South Florida, "Mom of Miami Man Killed By Being Set on Fire Sues Gas Company," Hank Tester & Juan Ortega, Feb. 21, 2013

Family sues employer for premises liability in worker's death

2013-02-22T16:41:45Z

No matter the industry you work in, when Houston workers go to their jobs, they expect to come home safely. Employers are required to meet a certain standard of workplace safety, and when they fail to meet that standard they can be held accountable. Negligent employers need to be reminded that they have to perform routine maintenance and safety inspections to make sure employees are working in the safest environment possible.

A Texas man was recently killed on the job for an energy company, and his family is rightly filing a lawsuit against several companies, accusing them of being negligent in providing a safe working environment.

]]> The man, an employee for Caprock Energy Services, was pumping water from a pit at site owned by Chesapeake Energy Corp. when a hose he was using broke loose, striking him in the head and sending him into the water pit, where he drowned.

The pump he was using, supplied by National Pump and Compressor, suffered from a surge in water pressure, causing a discharge hose that struck the man to begin flying through the air. All three companies are named in the lawsuit, which is seeking damages for funeral expenses and loss of companionship.

Specifically, the lawsuit says that Chesapeake is responsible under premises liability laws, because it was negligent in providing safety mechanisms, such as warning signs, proper instructions and training.

It's not enough to say that the man assumed certain risks when performing his job. Employers and premises owners have a responsibility to make their environment safe for employees and the general public.

Source: Southeast Texas Record, "Three companies blamed for man's drowning," Kelly Holleran, Feb. 21, 2013

Boy injured by falling tile in Texas hotel, mother sues

2013-02-16T00:03:59Z

When you book a stay at a hotel, you expect a safe place to stay. No matter if you're staying at the Ritz Carlton or the cheapest motel you can find, hotel owners, just like other business owners, have a responsibility to maintain a safe premises. Floors have to be clean, maintenance issues need to be addressed and food needs to be prepared according to health codes.

When an injury occurs, a hotel owner can be held liable. This is what one woman is attempting to do with her lawsuit filed against a Comfort Inn & Suites in Galveston, Texas. According to the woman, the hotel is responsible for the injuries her 8-year-old sustained when he was hit by a piece of falling tile at the hotel.

]]> According to the lawsuit, the mother and son were getting off of an elevator when a large piece of tile fell off the hotel wall, hitting the boy in the head. The lawsuit terms some of the boy's injuries as "permanent," alleging that he is in "severe pain," and that he is disfigured.

The lawsuit was filed against Neel Shah Hospitality Inc., the company that operates the hotel. The lawsuit alleges that the hotel was negligent in addressing the problem or warning guests about the danger of falling tile.

The mother is seeking compensation for medical costs and "mental anguish." Remember when you were a child? Hotel visits usually were fun because they involved some sort of adventure. No parent should have to deal with debilitating injuries to their children just because a hotel owner was negligent with the building's maintenance.

Source: Houston Chronicle, "Lawsuit alleges Galveston hotel negligent," Robert Stanton, Jan. 30, 2013

Explosion at oil and gas company site injures two, cause unknown

2013-02-06T15:04:30Z

Many industrial workers in Texas know that sometimes jobs come with risks. But that does not mean that employers should be able to skirt safety regulations to save a few bucks. Employers are obligated to follow workplace safety laws so that workers can do their jobs in a safe manner. A recent explosion at a Texas industrial site could lead to charges of safety violations.

An explosion rocked a saltwater disposal plant near Van, Texas, which is north of Houston, during the overnight hours just last week. The plant belonged to the oil and gas production company Three Forks Energy. Two people suffered burns of an unknown degree in the explosion.

]]> According to the local fire marshal, the men who were injured did not work at the site. It is not known if they were Three Forks employees or if they were trespassers.

According to a partner with Three Forks, the facility is used to store saltwater in tanks that is produced in oil wells before being placed into an underground well. Three fiberglass tanks that contained 1,500 barrels each of oil and saltwater were ruined in the fire. The company official said there are no details yet as to the cause of the explosion.

One thing is for certain, though. Any time there is a fire or explosion around an oil or gas facility, there is the extreme danger of extensive property damage, injuries or loss of life. That is why employers have to follow strict safety procedures to ensure that their employees and the general public are safe. If the men were innocent bystanders, they still could have grounds to sue the energy company.

Source: Reuters, "Two hurt in explosion, fire at Texas saltwater facility," Jan. 29, 2013