San Antonio Injury Attorney Blog

Imagine that your child is severely burned when the fumes from an overturned gas can burst into flames. Why does this happen ? Could it be the flames of the nearby gas water heater ? Each year, this scenario plays out multiple times in San Antonio and throughout Texas and the United States. Believe it or not, these injuries are preventable and often enough, the water heater manufacturer, the gasoline can maker, and even the natural gas company may be held accountable for negligence. It is imperative to consult with a San Antonio and greater Texas personal injury attorney immediately in such cases.

Even more disturbing is the higher incidence of accidental explosions from gas leaks. Because natural gas is colorless and odorless, a chemical malodorant must be added so that a person can smell the gas. Equipment called "odorant pots" inject the malodorant into the distribution lines of the natural gas.

Generally, an investigation of accidents involving natural gas will turn up records that demonstrate improper maintenance of the odorant pots or no levels of malodorant in the pots. In addition, the odorant may not work properly due to oxidation in the lines, creating a potential case against the manufacturer of the odorant. Finally, a Texas natural gas supplier who regularly inspects an injured party's appliances and piping may be negligent for failing to detect potential leaks.

If you or a loved one has been the victim of a gasoline spill or natural gas explosion, you should contact a San Antonio and greater Texas personal injury lawyer immediately as these cases are complex and require rapid preservation of evidence.

In our last discussion, we reviewed Texas General and Special Warranty Deeds . Quit Claim Deeds transfer real estate from seller to buyer only if the seller has something tangible to transfer. The major key to a quit claim deed is that there is absolutely no promise by the seller that the seller owns the property or can transfer a tangible property. A quit claim deed does not warranty title - it simply transfers whatever interest the seller might have in the property, even if the seller has no interest. Quit claim deeds are accepted for title insurance purposes from Texas governmental authorities or municipalities.

While Texas quit claim deeds are generally frowned upon, they do have some value in clearing title to property. Sometimes, there are questions as to whether a person might have a claim to the property such as being an heir. In such situations, this individual may not have an interest and would not be willing to warranty title. Therefore, they would use a quit claim deed.

The county courts generally keep certified copies of all deeds. In some cases, Bexar County in San Antonio can provide digital online copies of deeds. In order to accept the deed for recording, certain items must be included in the deed. Such items include a confidentiality notice as to any social security number or driver's license number. Other specific information include the full name of the grantor and grantee, as well as the address of the grantee. The deed should also contain a legal description of the Texas property including the lot and block description.

A Granting Clause represents conveyance language for Texas property. The most critical words used by a San Antonio and greater Texas real estate attorney are "grant, sell, and convey" and these catch phrases are favored by the Texas courts. Other important aspects of the Deed include Consideration, Reservations from Conveyance (where the Grantor wishes to convey something less than full title), Restrictions Imposed on Property, Signatures, a Notary Acknowledgment, Permitted Exceptions, and a Return Address.

In some cases, Texas title can be transferred without a deed such as in a foreclosure, court action, condemnation, adverse possession, reversion, or tax forfeiture. There are both judicial and non-judicial foreclosures in Texas. The holder of a Deed of Trust can foreclose on a property without court intervention.

Given the potential complexity of deeds, it is imperative that you speak to a San Antonio and greater Texas real estate lawyer about the right deed for you. Good luck!

Throughout San Antonio and Texas, many people have to buy and sell real estate using a variety of deeds. While it certainly helps to have a Texas real estate lawyer , you should understand the various difference between the deeds so you are at optimal protection when buying property.

There are three basic types of deeds used to buy and sell Texas real estate - general warranty deed , special warranty deed, and quit claim deed. Today, we will discuss special and general warranty deeds.

Whether you are selling a home, commercial property, or just plain land in San Antonio, the purchaser will want you to provide assurances that you actually own the property and possess the legal right to sell it. The buyer will probably be getting a loan. The lender will request guarantees that you as the seller are providing complete title to the real property and that the lender can place a legally enforceable lien on the property.

Do not be fooled between the wording Special versus General Warranty Deed. You as the buyer want a General Warranty Deed. When the seller offers a General Warranty Deed, he or she is essentially promising two things. First, the seller is promising the buyer that he has not done anything to harm title to the property. Second, the seller is warranting that no one prior to the seller has done anything to harm clear title. If down the line, if the buyer finds out that there is not clear title, the seller is liable for any losses regardless of whether the seller had knowledge. The seller might be able to file claims against prior sellers if he had a general warranty deed with them.

Under a Special Warranty Deed, all the seller is telling the buyer is that he has not done anything to harm title to the property. However, the seller is not giving the buyer a warranty that other owners before him did not do anything to adversely affect title.

To illustrate, suppose the seller sells the Texas property to another purchaser before they sell it to you or the seller attaches a lien without informing you, then the seller has breached the warranty, because the seller adversely affected title. However, if someone other than the seller created a title defect, you as the buyer have no recourse against the seller under a Special Warranty Deed. The Special Warranty Deed is used mainly in Texas real estate commercial transactions .

You as the buyer should not rely on the title of a deed to determine if the deed is a general or special warranty deed. Read the deed carefully. If you believe you have been the victim of fraud in the purchase of property, you should file a complaint with the Texas Real Estate Commission (TREC).

Sometimes the type of deed is not consequential. For example, if either the seller provides title insurance or the buyer obtains title insurance, then the title company will protect you against problems with title. Should a defect arise with title, the insurance policy will reimburse the buyer for any losses.

For assistance with your San Antonio and Texas real estate transactions, contact a real estate attorney today!

As a growing number of Texans buy guns from gun shops and flea markets, Texas and the nation as a whole are seeing a rise in gun accident injuries . Product liability design defects contribute to a large number of deaths and tragic injuries each year.

Many people are unaware that gun manufacturers often cut corners by failing to provide safeguards against design defects and / or failing to adhere to quality control procedures. For example, the trigger mechanisms on the gun are often placed on the tip of a part known as a sear. It only takes a slight tolerance change during manufacturing to create a gun that will discharge from a slight jar without any trigger movement. Often, Texans report the weapon continues to fire until all ammunition has been discharged from the gun.

Another defect is demonstrated when someone drops the gun on its hammer (the hammer is cocked before firing). The drop of the weapon on its hammer will cause an uncocked hammer to move forward and cause the firing pin to strike the bullet casing , again causing a discharge of the weapon without a trigger pull.

Gun manufacturers are well aware of safeguards such as manufacturing the weapons with close tolerances and using a hammer block to prevent a gun firing without a trigger pull.

A recent phenomenon has been the use of SKS rifles which are now sold in the states. The SKS rifles were made in China for the benefit of the Russian and Chinese armies. The Chinese government recovered such weapons, and in doing so, it often switched out parts that had worn down or were not functioning. These altered weapons made their way into the United States and were sold as new weapons. Unfortunately, because the parts of the SKS rifles were built to certain specifications and were not interchangeable in tolerances, such SKS rifles are extremely prone to fire when jarred with no trigger pull. When jarred, these SKS rifles will discharge like a machine gun until all the bullets have been exhausted.

If you have been the victim of a gun accident, there is a strong possibility the discharge was a result of a design defect and you should contact a San Antonio and greater Texas product liability lawyer immediately.