Category Archive: Law Blog

1. What Are OSHA’s Top Safety Violations?

   June 17, 2021 3:40 pm Leave a Comment

   Every year, thousands of workers go to emergency rooms for occupational injuries and illnesses. Some of these workers will never recover. Although any workplace can be the setting of a worker accident, injuries and deaths are more common in hazardous work environments. One thing that can make a workplace more dangerous is OSHA safety standard violations.

   What Is OSHA?

   The Occupational Safety and Health Administration (OSHA) is a federal organization created in 1970 to ensure safe and healthy working conditions. OSHA creates and enforces safety standards that all industries, employers and workplaces must abide by. OSHA inspectors investigate hazardous work condition claims and check workplaces for broken safety standards. If an employer does violate an OSHA rule, and this leads to worker injury or death, this would allow the injured employee (or surviving family members) to file a lawsuit against the employer, in most cases.

   Most Commonly Cited Safety Violations

   Part of what OSHA does to improve the safety of the workplace for U.S. workers is to keep track of all occupational injuries and deaths, as well as OSHA standards violated. According to OSHA’s most recent worker fatality report, 5,333 workers lost their lives on the job in 2019. The deadliest industry was construction, accounting for about 20 percent of all worker fatalities. Statistics for 2019 listed the following 10 most commonly cited OSHA safety violations:

   1. Fall protection in construction
   2. Hazard communication
   3. Respiratory protection
   4. Scaffolding requirements
   5. Ladder safety
   6. Control of hazardous energy
   7. Industrial truck safety
   8. Fall protection training
   9. Eye and face protection
   10. Machinery and machine guarding requirements

   Many of these violated safety standards are found in construction, including scaffolding, ladder, industrial trucks and fall protection standards. If you were injured in a construction accident that could have been prevented by your employer or a coworker, you may have grounds to file an injury claim against the at-fault party for violating an OSHA safety standard. You could also have grounds for an injury claim against a different type of employer if the company or a manager violated an OSHA safety standard and this contributed to your accident.

   What Are Your Rights After an OSHA Violation?

   Violating an OSHA standard can lead to severe injuries, including broken bones, head injuries and spinal cord injuries. If you were injured due to a safety hazard at work, your rights will depend on whether your employer is to blame. If an investigation of your accident finds that your employer broke an OSHA rule, such as by failing to provide proper personal protective equipment or employee training, you may be able to file an injury lawsuit against your employer.

   Note, however, that you cannot sue your employer if you have already accepted a workers’ compensation settlement in Texas. If your employer has workers’ comp insurance (this insurance is not mandatory in Texas), accepting these benefits means you agree to give up your right to file a lawsuit against your employer. You can, however, still bring a lawsuit against someone other than your employer, such as a contractor or product manufacturer. You also have the right to report the violation to OSHA without fear of punishment or retaliation.

   It is important to speak to an attorney before accepting a workers’ compensation settlement if you believe a violated OSHA standard caused or contributed to your workplace accident. Your employer may be liable for your losses for failing to adhere to OSHA’s requirements. If so, a personal injury claim against your employer could result in greater financial compensation than workers’ comp. A lawyer can carefully evaluate your claim and review your legal options in detail with you and your family. Contact an attorney today for more information about your case.

2. Texas School Bus Laws

   June 10, 2021 3:35 pm Leave a Comment

   School buses carry precious cargo. Yet, all too often, drivers engage in dangerous and reckless practices around school buses that increase the risk of bus accidents. One of the most common mistakes is passing a stopped school bus. This puts children who are boarding or leaving the bus at risk of being struck by a car. Learn Texas’s school bus laws to find out when you can pass a bus and when you have to stop, as well as your rights if your child gets injured in a school bus accident.

   When Can Drivers Pass a School Bus?

   Passing a school bus illegally is an extremely dangerous maneuver that puts students at risk of being hit by a car. Unfortunately, many drivers are too impatient to wait behind a school bus while it is loading or unloading students, leading to illegal passing. Other drivers may not understand Texas law and may mistakenly believe that they have the right to pass the bus.

   In Texas, it is against the law to pass a school bus – on either side – that is actively loading or unloading students. This is the law in all 50 states. In Texas, passing a school bus that is loading or unloading passengers can lead to a fine of up to $1,250. Drivers that are behind a school bus in Texas must wait for the school bus to finish unloading or loading students before passing the bus, and only pass when it is safe to do so.

   When Must Drivers Stop?

   All drivers in Texas must stop when a school bus turns on its flashing red lights or uses its stop sign. Drivers traveling on either side of the road must come to a complete stop. The only time a driver does not have to stop for a bus that is using its lights or stop sign is when the road is separated by a physical barrier, such as a median.

   In this scenario, drivers traveling in the opposite direction do not have to stop for the school bus. Note, however, that a left turn lane is not enough to consider the road separated. When a driver is legally required to stop for a school bus, he or she cannot pass the bus until the bus has resumed driving or no longer has its flashing lights or stop sign activated.

   What Are the Rules in School Zones?

   A school zone is a place with an increased risk of child pedestrian collisions due to its location in front of or nearby a school. School zones are marked by lights that flash when the school zone is active (when children are entering or leaving the school), crosswalks, and crossing guards. School zones have reduced speed limits to help improve student safety. In Texas, the speed limit in a school zone is 20 miles per hour when the school zone is active. All drivers must reduce their speeds to meet this limit when the lights are flashing, or face a $200 fine.

   Who Is Responsible for a School Bus Accident?

   It is critical for drivers to obey all of Texas’s school bus laws. Failing to do so can lead to a catastrophic or fatal collision with a student who is getting on or off of a bus. If a driver in Texas breaks the law by failing to stop, passing a school bus or speeding in a school zone, that driver will be legally and financially responsible for a related collision. This means that driver’s auto insurance will be responsible for paying for the victim’s injuries, medical bills or funeral expenses.

   If your child was recently injured in a school bus accident, discuss your personal injury or wrongful death case with a bus accident attorney in Houston. You may have grounds to bring a lawsuit against the driver, the school that owns the bus, the government or another party. An attorney will have the resources to investigate the bus accident and form a compelling case against the correct defendant(s) on your behalf.

3. The Three Types of Product Liability Suits

   June 8, 2021 3:34 pm Leave a Comment

   As a consumer, you may assume that the products you purchase are reasonably safe and will not cause you harm. Unfortunately, many manufacturing companies, distributors and retailers cut corners, violate federal safety laws and skip steps to save time or money, leading to dangerous products. If a company knowingly or carelessly fails to prevent a defective item from reaching consumers, the manufacturer may be legally responsible for related injuries through one of three types of product liability lawsuits.

   Design Defect

   A design defect is an issue with a product’s inherent design that makes it overly dangerous to consumers. A faulty design may have product details or specifications that ultimately lead to an item that presents hazards or risks. An example is a teapot that is designed using a material that is prone to cracking or breaking when hot. A teapot with this design defect could potentially crack with hot water inside of it, creating a reasonably foreseeable risk of consumer burn injuries.

   To succeed with a product liability suit based on a defective design, you or your attorney must demonstrate that the product’s design is unreasonably dangerous. What is unreasonable depends on the circumstances. The courts typically assess these cases using the “consumer expectation test,” meaning it asks if the item failed to perform safely, as an ordinary customer would expect it to when used in the way that the manufacturer intended.

   Manufacturing Defect

   A manufacturing defect means that while the design of a product is reasonably safe, an error or mistake during the item’s production, assembly or manufacture led to a defect that made the product dangerous. During the construction of the item, workers or the factory might not have adhered to the correct specifications or safety protocols, leading to a defect that makes the item present an unreasonably high risk of foreseeable injuries.

   An example is a piece of machinery that breaks off during production and falls into a batch of trail mix. In this case, all bags of trail mix impacted by the manufacturing issue would be defective, as they may contain dangerous pieces of metal. When there is a manufacturing defect, all products are typically not dangerous; instead, the defect will only impact the items that were affected by the manufacturing mistake.

   Marketing Defect

   A marketing defect describes an error in how the item was marketed, described or packaged. Manufacturers and distributors have a legal responsibility to package items in a way that will reduce the risk of consumer injuries. This includes clear and correct labeling, instructions and warnings. For example, a children’s toy manufacturer is obligated to include a suitable age range on toy packaging. Failing to do so could lead to an infant choking on small pieces and the manufacturing company being liable for injuries.

   How to File a Product Liability Suit in Texas

   If the product that injured you or a loved one contained one of these three types of defects, you will most likely have grounds for a strict product liability claim. This type of claim does not require you to prove that the manufacturing company was negligent or careless. Instead, your lawyer simply must prove that the item contained one of these three types of defects and that it injured you.

   If you do not have grounds for a strict liability claim, you or your lawyer may have to prove negligence or a breach of warranty to recover compensation. Negligence is the failure to meet the accepted level of care, resulting in injuries to others. A breach of warranty is the failure to fulfill a promise given to customers, such as a guarantee that the item is safe.

   For more information about your particular product liability lawsuit, contact a product liability attorney in Houston today.

4. Grocery Store Falls

   June 3, 2021 3:33 pm Leave a Comment

   The average person spends a great deal of time over his or her lifetime in grocery stores. Unfortunately, grocery stores are not always safe for shoppers. For example, spilled food and drinks can lead to slippery surfaces that store employees may not clean up right away. Slip and fall accidents are relatively common in grocery stores. If you were injured in a grocery store fall, learn your rights with help from a Houston premises liability lawyer.

   Why Do Grocery Store Falls Happen?

   Grocery stores can have many slip, trip and fall accident risks. The sale of food and drinks can lead to related slip and fall hazards, as can boxes and pallets on the floor and careless employees. Some of the most common causes of grocery store falls include:

   • Freshly mopped or waxed floors
   • Oily or greasy floors
   • Spilled liquids or food debris
   • Careless or lax store employees
   • Bad weather being tracked indoors
   • Lack of “Caution: Wet Floor” signs
   • Uneven floor surfaces
   • Dangerous rugs or carpets
   • Missing floor mats
   • Unsafe staircases
   • Cluttered store aisles
   • Inadequate grocery store lighting
   • Parking lot and sidewalk defects

   These are hazards that can often be prevented by the grocery store or its workers. If the owner of the property or manager of the store failed to take proper care in preventing your fall accident, you may have grounds to file an injury claim.

   Common Injuries Suffered

   A grocery store fall can lead to severe and life-changing injuries. Some of the most common are:

   • Bone fractures
   • Broken hips
   • Cracked pelvis
   • Wrist sprains
   • Elbow injuries
   • Concussions and head trauma
   • Cuts and scrapes
   • Bruises and contusions
   • Back and spinal cord injuries

   Some shoppers are more vulnerable to serious fall injuries than others, including elderly shoppers.

   Who Is Liable for a Grocery Store Fall?

   If you or a loved one suffered a serious injury in a grocery store fall in Texas, you may be eligible for financial compensation for your medical expenses, lost wages, pain and suffering, and more. You may have grounds for a premises liability claim against the owner or occupier of the property for failing to prevent your accident. Premises liability is an area of law that deals with the careless management of a property.

   A premises liability claim consists of five main elements:

   1. You were lawfully on the property. (You were not trespassing.)
   2. The grocery store had a duty of care toward you as a customer. This is a legal obligation to keep you safe from reasonably foreseeable harm.
   3. The grocery store or one of its employees failed to take reasonable care to prevent your fall.
   4. You were injured as a result of the defendant’s breach of the duty of care.
   5. You suffered compensable losses or damages in the grocery store fall incident.

   If the owner of the grocery store failed to inspect the property, repair hazards and warn shoppers of potential injury risks, the owner could be liable (financially responsible) for your fall accident. You or your lawyer must prove that the property owner or a grocery store employee knew or reasonably should have known about the hazard but failed to take reasonable steps to remedy it. If your lawyer can establish these facts as more likely to be true than not true, you can recover financial compensation for your fall.

   When to Contact a Slip and Fall Accident Attorney

   Bringing and proving a case against a grocery store in Houston for a fall accident can be difficult. The grocery store will have a powerful insurance corporation with years of experience combatting liability claims. It is wise to hire an attorney to represent you during your premises liability case for the best possible results.

   An attorney will have the resources, experience and personnel to bring a strong claim to damages against any grocery store or big box store on your behalf. Your lawyer can negotiate for fair and full financial compensation for your losses while you focus on healing. Contact the attorneys at Gordon, Elias & Seely, LLP today for more information about a grocery store fall case.

5. When Should You Seek a Second Medical Opinion?

   June 1, 2021 3:31 pm Leave a Comment

   Misdiagnoses happen more often than you might think. Although most patients trust that their doctors are using the appropriate standards of care in testing for and diagnosing illnesses, injuries and health conditions, thousands of diagnostic errors occur each year. Misdiagnosis is the most common type of medical malpractice. Obtaining a second medical opinion can help you increase your odds of a correct and accurate diagnosis and prevent medical malpractice.

   If You Suspect Negligence

   In medical malpractice law, a health practitioner or hospital is negligent if they fail to meet the accepted standards of care in the medical industry and this results in patient injury, harm or death. You may be able to notice signs of negligence at the doctor’s office where you were originally diagnosed, such as an unkempt property, overcrowded waiting room, machine malfunctions, an inexperienced radiologist, miscommunications, a rushed or surface-level checkup, or a lack of confidence in your diagnosis by your doctor.

   If you noticed anything amiss during your original doctor’s appointment, it is a good idea to seek a second medical opinion with a different health care provider. The original doctor or other staff members at the first health care center may have made a mistake when coming to your diagnosis, such as misinterpreting test results or failing to properly evaluate you. Medical malpractice is more common at overcrowded, understaffed and low-rated health care centers in Houston.

   When Recommended an Invasive Treatment Option

   If your original doctor recommended an invasive treatment for your condition, you may wish to seek a second opinion before undergoing the procedure. Invasive surgeries and other treatments come with many risks and possible consequences that could affect you in the future. Before agreeing to an invasive procedure, ask another health care provider to confirm your diagnosis and list any other potential treatment options you may have.

   If You Do Not Fully Understand Your Diagnosis

   If you have questions or are confused about your diagnosis and your first doctor is not communicating well, seek a second medical opinion. Your first doctor might not have the time or bedside manner to explain your diagnosis further, or you may simply have different communication styles. Obtaining a second opinion can give you more detailed and in-depth information about your diagnosis and treatment options.

   To Have Peace of Mind

   Even if you return to your first doctor after seeking a second medical opinion from a different health care provider, the second opinion was not a waste of time or money. If the second opinion confirms the first, you can proceed with your treatment plan with confidence and peace of mind. You will not wonder if your first doctor made a mistake or is recommending the wrong treatment option for you. You will feel validated in your decisions – which is important when medical decisions will affect your life and future.

   It Is Always Wise to Seek a Second Opinion

   Regardless of your circumstances, it is always wise to seek a second medical opinion for a diagnosis. Doctors overlook things and make mistakes. Your odds of a misdiagnosis drastically decrease when you see more than one health care provider. Seeking a second opinion can come with important benefits.

   A study by the Mayo Clinic found that as many as 88 percent of patients who sought second opinions went home with new or more detailed diagnoses – leading to different treatment plans. More than one-fifth (21 percent) of patients came away with distinctly different diagnoses. Only 12 percent of the patients who sought second medical opinions came away with the exact same diagnoses as their first doctors’ visits.

   You always have the right to seek a second medical opinion. Doing so could help you avoid medical malpractice, confirm that a diagnosis is correct and accurate, and select the right treatment plan for your needs. A second medical opinion could have the power to save your life. If you believe you are the victim of medical malpractice in the form of a diagnostic error, contact a Houston personal injury attorney.