San Antonio Injury Attorney Blog

We all remember the tragic Firestone injuries and accidents that occurred throughout San Antonio and the state of Texas a few years ago, and the lengths to which tire manufacturers have gone to avoid liability.

The cornerstone behind tire blowouts and defects is a phenomenon known as ' detreading '. Detreading is the foundation of a great deal of auto injuries, and an injured victim needs a San Antonio and greater Texas personal injury attorney who knows how to work tire defect cases.

When a tire detreads, the tread of the tire literally separates from the rest of the tire. Alternatively, underneath the tire tread are steel belts which can also detach from the tire. The tire manufacturers utilize unacceptable bonding techniques that cause the separation.

If you ever visit a tire factory, you will witness the placement of the tire into a large press-like apparatus. The tire is exposed to a tremendous amount of pressurized heat, so that the rubber can meld together. The real manufacturing problems occur when dirt or foreign-like substances contaminate the tire. Sometimes, the rubber is simply not quality or the steel belts undergo oxidation. Consequently, when such factors occur, the tire is more likely to detread. To further complicate the situation, the press may have mechanical issues with insufficient pressurized heat, which will also affect bonding.

The key for a San Antonio Texas tire defect attorney is to locate indivduals with knowledge of the defects in the manufacturing process of the tire manufacturer. These individuals are known as whistle blowers. Tire manufacturers counter claims of manufacturing defects by claiming the tire was under or over inflated or possessed punctures that created excessive heat and de-treading.

Yet even in these situations where the user over or underinflated the tire, it is still incumbent on the manufacturer to incorporate a ' cap ply ' in the manufacturing process. A cap ply is a sheet of nylon placed above the steel belts under the tread. The nylon holds the steel belts in place even when the belts separate from the tread. The tread itself is more likely to hold in place with the cap ply.

Although the cap ply is a relatively inexpensive and easy design to incorporate, in their quest for profits, the tire manufacturers still do not use the cap ply.

Many victims of tire defects are entitled to punitive damages, and a strong attorney will seek out other victims who were injured similarly by the same type of tire defect from the same tire manufacturer. Other key personnel include any accident witnesses and investigators in the other similar incident. It is essential to establish that the tire did not undergo any changes from the time it left the assembly line at the factory to the time detreading occurred.

Texas and the greater Southwest region has witnessed a spate of egregious nursing home neglect cases. Nursing homes know that the age of the victim will scare away many attorneys and they blatantly put dollars ahead of the well-being of the powerless.

A San Antonio Texas nursing home negligence attorney looks for certain key elements involved in the care of the elderly plaintiff including Stage III-IV pressure ulcers; symptoms of malnutrition and dehydration; fractures and spinal injuries from falls; and errors in dispensing medication.

The federal government has enacted strict regulations on nursing homes that demand compliance. Under the Nursing Home Reform Act , any facility receiving Medicare / Medicaid funds must tend to a resident's ability to eat, bathe, and toilet. The resident must be properly cared for so as not to develop pressure sores, and they must be adequately supervised to prevent accidents.

The Texas Department of Aging and Disability Services provides assistance and mechanisms for lodging complaints concerning nursing home abuse.

A nursing home negligence case in San Antonio and greater Texas requires extensive document review and investigation by a variety of doctors, nurses, and nursing home administrators.

In San Antonio and greater Texas, personal injury victims are finding it exceedingly difficult to hold doctors and medical hospitals accountable. Juries are reluctant to find doctors negligent of malpractice, and malpractice insurance companies possess a stable of well qualified experts who communicate well with a jury pool.

To counter the defense experts, it is often a wise tactic to ask the defense to list the medical periodicals from which they draw their conclusion. A Texas medical malpractice attorney will often contact the editors of these texts to determine if they are willing to serve as Plaintiff's experts to counter the defense experts who incorrectly rely upon their texts.

Too often, medical malpractice cases are birth injury cases, which can return multi-million dollar verdicts / settlements. We often hear that despite the protests of the American College of Obstetrics and Gynecology , cerebral palsy is often times the result of doctor neglect or error.

An obstetrician will violate an applicable standard of care by failing to employ a Cesarean Section rather than vaginal delivery. The doctor may incorrectly read fetal monitor strips or unnecessarily create head trauma to the baby using a harmful forceps or vacuum extraction delivery. The medical provider may often contribute to unnecessarily tearing the nerves and muscles of the baby's shoulder known as "dystocia".

A San Antonio and greater Texas medical malpractice firm will employ trained doctors to study the medical records for evidence of violation of the duty of care.

As more and more Texans and greater Americans take to the skies as either passengers or amateur pilots, the risks of aviation disasters and aircraft accidents grow exponentially.

Today, federal law prevents an injured plaintiff from filing suit against an aircraft manufacturer when the aircraft is seventeen (17) years or older. Yet, a San Antonio and greater Texas personal injury attorney will be able to pinpoint exceptions to the federal law that could work in your favor.

For example, there are many examples of an aircraft manufacturer who becomes aware of a defect in the plane and fails to issue a proper recall or directive warning of the defect. The situation is akin to auto and tire manufacturers. In addition, more often than not, aircraft less than 17 years old undergo reconditioning and / or modification in which complex components that caused the crash were modified.

There are several important steps of due diligence that must be taken before filing suit against an aircraft manufacturer including: 1) obtaining a full history, and 2) obtaining full maintenance records with log book.

Many people do not realize that after an aviation incident, the National Transportation Safety Board (NTSB) immediately impounds the aircraft. Neither your personal injury attorney nor his / her experts will be allowed to examine the airplane until both the NTSB and the manufacturer's representatives have completed their review. The confinement could take months.

Yet even in this case, it is critical for all parties involved, including the storage area, the owner, and the insurance company, to be notified that they cannot alter or dispose of the aricraft when the NTSB concludes its investigation until such time as our aviation experts have had an opportunity to examine the plane. Ultimately, it is absolutely critical to preserve maintenance records and the aircraft itself to properly prosecute aviation disasters and accidents for the good of the victim.