Articles Posted in Wrongful Death

In a Texas pharmaceutical injury or medical device lawsuit, where the lawsuit centers on a failure to warn, TX Civil Practice and Remedies Code (CPRC) creates a presumption of no liability if the warnings associated with the product were not approved by the Food and Drug Administration (FDA) .

There are several ways a Texas medical device injury lawyer can overcome the presumption of no liability, First, he can show that the manufacturer deceived the FDA by omitting or distorting required information needed for pre-market government endorsement and licensing. Any deception in the withholding or distortion of information must be material to the Texas serious personal injury claim and the element of causation is present.

Another way to overcome the presumption of no liability is to demonstrate continued sale of the drug or medical device after the FDA mandated market removal or no longer endorsed the product.

Imagine you are driving on a nice sunny day in the heart of Texas, and your vehicle is suddenly impacted from the side by another vehicle moving at an extremely high rate of speed. After the initial shock wears off and you initially deal with the inevitable injuries of such a terrible accident, you come to find out that the police were chasing the person who collided with your vehicle.

The ultimate question in such a situation is as follows: Is the police officer or the Texas county municipality responsible for his conduct liable for a Texas wrongful death or personal injury caused by a vehicle being pursued by the police ?

The answer is … it depends. For example, in Draper vs. Los Angeles, the court ruled that while the police pursuit may have contributed to the reckless driving of a fleeing individual, the officers did not have a duty to allow him to escape. In addition, the court ruled that there was no requirement on the part of officers to warn other drivers to keep out of the way, and there was no evidence that the police were trying to force the fleeing individual to the curb.

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.

It is a parent’s worst nightmare. You hear that your child entered the area of a swimming pool and sustained a serious injury like quadriplegia. As the weather heats up, swimming pool injuries and accidents rise in San Antonio and greater Texas.

Many Texas residents do not know that swimming pool injuries often occur due to the negligence of the swimming pool owner. For example, perhaps the owner fails to properly mark the depth of the pool. In some cases, the owner may have failed to install a gate to keep small children out of the area of the pool. What about temporary swimming pools which often lead to injury as well ? We often hear about people diving into pools where the water depth has not been properly labeled or where water depth is incorrectly tagged (i.e. the water depth is shallower than marked).


In addition, owners have to be wary of structures from where a person can dive into a swimming pool from a height that can cause paralysis or death. Negligence actions by an experienced San Antonio and greater Texas personal injury lawyer can help you achieve justice when a home owner does not safeguard their swimming pool.

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