Texas Lawyers Blog

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The Texas Lawyers Blog provides useful information on the law and Texas lawyers. For more information on this Blog or a legal topic, please feel free to submit an inquiry or send an e-mail message to blog@texaslawyers.com

Monday, October 20, 2008

Texas Intentional Torts and Crime Victims Rights

Under Texas Law victims of intentional torts such as sexual assault, molestation, rape, offensive touching, assault & battery, hazing, and intentional infliction of emotional harm can seek compensation from the criminals and perpetrators that have committed these intentional torts against them as well as sometimes from other parties that allowed the sexual assault, molestation, rape, or other intentional torts to occur.

An intentional tort arises when a person intends to commit a wrongful act such as sexual assault, physical assault, murder, theft, or molestation which results in serious injury, death, or significant damages. From a legal perspective, it can often be difficult to obtain compensation from a person who commits an intentional tort unless that person is wealthy. This is because most insurance policies do not cover intentional wrongful acts such as murder, sexual assault, rape, molestation, or theft. Further, most criminal and sexual predators do not have money or resources to pay compensation to their victims.

However, sometimes the injuries from a serious crime including sexual molestation or sexual assault result from the wrongful acts of more than one party. An example of this would be when a private school, church, community center, or daycare center has a duty to provide proper supervision of its premises and staff to make sure that the children in their care are safe from harm. If the church, private school, community center, or daycare center hires or allows a person that has a history of molestation or sexual assault to be around children, they may have violated their duty to protect children and negligently allowed a sexual assault or molestation to occur. Similarly, if a homeowner is taking care of someone else's child and allows someone with a history of sexual or violence with children, there may be a potential claim under homeowner's insurance, if the homeowner negligently allows the sexual predator to be alone with the child. Further, if the church, private school, community center, or daycare center allows strangers to access the premises or does not adequately screen or supervise its employees, and a child is molested as a result of the private school's, church's or daycare center's lack of care, the negligent conduct may support a legal cause of action for negligence.

Common intentional torts include sexual molestation, sexual assault, rape, battery, and child abuse. Many of these intentional torts will support a sexual molestation lawsuit or sexual assault lawsuit if the criminal is wealthy or if other parties are negligent in allowing the sexual predator to be alone with children in their care.

Many victims of crimes do not realize that there may be civil actions that can be filed against criminals in addition to criminal charges. In cases where reckless conduct such as when a drunk driver kills someone in a fatal accident, when security officers or bouncers known for violence seriously injure or kill someone, or a rich criminal commits an intentional act such as murder or rape, there are civil laws in Texas that allow the victim or the victim's family to seek compensation.

Tuesday, September 2, 2008

Texas Drowning Accident Lawsuits and Defective Swimming Pools

Unfortunately, drowning is the second leading cause of death among children under 14 years of age and is a real danger for young children that are not properly supervised when participating in water sports or live near unsafe or unsecured pools. Consumer Safety Groups and Organizations including the Consumer Product Safety Commission (CPSC) have become aware of many dangers with defectively designed and roped pools and have issued several safety warnings about the importance of pool safety.

There have also been several stories in the news where defective swimming pool drains have caused serious injuries to small children as well as trapped small children under water. These defective pool drain and spa drain accidents have caused several children to have been serious injured or killed due to having body parts entrapped by the drain of a swimming pool, wading pool, or spa. Under normal conditions, pipes leading from a pool's drain, or into the pool's pumps, draw water from the pool creating suction. If something blocks the normal function of a pool drain, the amount of suction can increase as the pump draws water past the obstruction. This increased suction can entrap a small child or person, causing the person to be held underwater, which often leads to brain damage because of lack of oxygen or hypoxia. In extreme situations, defective drains in wading pools have caused a child sitting on the drain outlet to be disemboweled by extreme suction.


For more information on Texas Drowning Accident Lawsuits and Defective Swimming Pool Claims, go to the following Texas Drowning Accident Lawsuits and Defective Swimming Pool webpage.

Friday, August 1, 2008

Healthcare Fraud Law Suits (Qui Tam Claims & Medicare Fraud Claims)

Law enforcement authorities estimate that health-care fraud costs taxpayers between $60 billion and $100 billion each year. Through Qui Tam Claims and Health Care Fraud Lawsuits, billions of dollars have been recovered from individuals and organizations that have committed health care fraud and stolen large amounts of money from United States Tax Payers.

There are lawful ways that whistleblowers and American Heroes can act as a "Relator" and file Qui Tam Claims and Whistleblower Lawsuits to recover millions or billions of dollars that have been stolen from the United States.

In a recent Qui Tam settlement False Claims Act qui tam or whistleblower lawsuits were settled resulting in a $1.7 Billion recover. Of this settlement, whistleblowers will receive a combined share of approximately $150 million.

For more information on Qui Tam Claims and Whistleblower Lawsuits feel free to go to the following web pages on Health Care Fraud Claims, Defense Contractor Fraud Claims, and Government Contractor Fraud Claims.

Friday, July 4, 2008

Texas Trasylol Lawsuits

Evidence has shown that the heart surgery drug, Trasylol, can cause significant health problems including kidney failure resulting in death or the need for dialysis. Unfortunately, even though there has been significant knowledge of these potential health problems those profiting from the sale of Trasylol were slow to pull the drug off the market potentially causing thousands of deaths and kidney damage in tens of thousands of heart patients.

Texas Trasylol Lawyer (Texas Trayslol Lawsuits)

Delays in pulling Trasylol from the market and publicizing the known and suspected health risk of Trasylol may have caused thousand of unnecessary deaths as well as caused many heart surgery recipients to suffer unnecessary kidney failure damage. Because of the large number of people this drug may have hurt or killed, several Trasylol Lawyers are investigating potential Trasylol lawsuits including when the manufacturer first learned of potential health risks of the drug and if anyone intentionally concealed these health risks. Further, several Trasylol lawyers are investigating if these same corporations and people may have over stated the benefits of Trasylol in order to maximize profits.

It is estimated that the annual projected sales of Trasylol was over $600 million producing huge profits for those that had a duty to disclose any know health hazards with the drug.

Texas Trasylol Attorney Jason Coomer is working with several lawyers throughout Texas and the United States in reviewing fatal Trasylol lawsuits and seeking compensation for those that have lost a loved one from the drug, are now on kidney dialysis for life, or have suffered a stroke.

For more information on Texas Trasylol Lawsuits, go to the following web page on Texas Trasylol Lawsuits and FDA Trasylol Warnings.


Friday, June 27, 2008

Business Partnership and Dissolution Issues

When a business, joint venture, or partnership breaks up, it is often as bad as a divorce. The former business partners typically know where all the assets of business are and feel that they are entitled to more than half. They also often know how to hit the emotional buttons of their former business partners and do so during negotiations and litigation. The battle for possession of clients, accounts, intellectual property, employees, and other assets can be fierce. All too often former business partners have to hire lawyers and accountants to collect their fair share of a business.

For more information on Business Partnership and Dissolution Issues, go to the following web page on Business Partnership and Dissolution Issues.

Tuesday, June 24, 2008

Defense Contractor Fraud Lawsuits and Qui Tam Lawsuits

During the Civil War, Abraham Lincoln enacted the Federal Civil False Claims Act in response to corrupt defense contractors that were defrauding the United States out of vast amount of money and putting troops at risk by supplying troops with defective products and faulty war equipment. Unfortunately, some fraudulent defense contractors and other fraudulent government contractors have been defrauding the United States and making big profits. Illegal price gouging and government fraud has become common practice and the armed forces of the United States are suffering. As such, it is now time for whistleblowers and American heroes to blow the whistle on these contractors that are defrauding the United States, stealing from the United States, and placing our troops in danger.

Defense Contractor Fraud Claims in the News

The United States Department of Defense spending for goods and services in Fiscal Year 2007 exceeded $300 billion. With this increased budget has come relaxed oversight and regulation. Quality control and proper testing of these good and services has become lax as documentation for large defense contracts has been reduced allowing fraudulent contractors to get away with defrauding the Pentagon, Department of Defense, and United States.

Recently several news stories have surfaced regarding suspected defense contractor fraud and government contractor fraud. These news stories on potential Defense Contractor Fraud Claims and Government Contractor Fraud Claims will become more common as government fraud, no bid contracts, and poor oversight are discovered. For more information go to the Law Offices of Jason S. Coomer, PLLC Defense Contractor Fraud Claim and Qui Tam Lawsuit Webpage.

Qui Tam Lawsuits and Defense Contractor Fraud Lawsuits

In 1986 as a result of increased government contractor fraud, Congress amended the False Claims Act in order to make it easier for whistleblowers to file claims against fraudulent corporations and individuals including fraudulent defense contractors. The act protects the Whistleblower or Relator from retaliation.

As the Defense Contractor Budget has grown so has Defense Contractor Fraud and Government Contractor Fraud. As fraud against the government has grown, the need for government heroes has grown to blow the whistle on greedy businesses that are defrauding the United States and putting our military forces in jeopardy in order to make money. For more information on Qui Tam Lawsuits and Defense Contrator Fraud Lawsuits go to the Law Offices of Jason S. Coomer, PLLC Defense Contractor Fraud Claim and Qui Tam Lawsuit Webpage.

Tuesday, June 10, 2008

Asbestos Mesothelioma and Asbestos Cancer Lawsuits

Asbestos Mesothelioma and Asbestos Cancer Lawsuits

Exposure to Asbestos has been scientifically linked to several forms of asbestos cancer including mesothelioma. These asbestos cancers all too often result in a painful death for the person that was exposed to asbestos products. Despite knowledge of the dangers of asbestos products and negligent asbestos abatements, many corporations have sold and used asbestos products as well as many other corporations have failed to use proper asbestos abatement procedures to remove asbestos from buildings. Far too many businesses have made the decision that making more money through selling, using, or improperly removing asbestos products is more important than the health and lives of workers and there families.

It is in these instances where the law needs to step in and make businesses that sell dangerous asbestos products, manufacture dangerous asbestos products, or intentionally fail to adhere to proper asbestos abatement procedures.

For more information on mesothelioma, asbestos products, secondary exposure, and asbestos cancer, go to Texas Asbestos Cancer Lawyer Jason Coomer's Webpages on Mesothelioma, Asbestos Products and Use, Secondary Exposure, Asbestos Product Dumping, or Asbestos Cancer.



Monday, June 9, 2008

Texas Motorcycle Accident Lawsuits

Austin Texas Motorcycle Accident Lawsuits and Insurance Claims

Austin and the Texas Hill County are beautiful places to ride your motorcycle. Every spring and summer tens of thousands of bikers ride through Austin and the Texas Hill Country enjoying their freedom, the scenic hill country, and the fun that is Austin, Texas. With Austin comes heavy traffic, many careless drivers, and many large vehicles that do not give bikers enough room and some that actually fail to see bikers and cause serious accidents. Unfortunately, many of these motorcycle accidents result in serious injuries to the person on the motorcycle.

Unfortunately, insurance companies do not always adequately compensate those injured in serious collisions or the families of persons killed by negligent drivers. They prefer to pay as little as possible on legitimate accident claims when they can get away with it. Many insurance companies will not offer reasonable compensation to the injured person or the family of a person wrongfully killed by an accident until a lawsuit is actually filed.

Whether the accident was caused by reckless driving, mechanical error, and/or alcohol, it is important to understand how insurance companies review claims including liability insurance, PIP, medical pay, uninsured, and underinsured motorist coverage as well as liability & damages including medical expenses, lost wages, future losses, impairment, disfigurement, pain and suffering and other damages.

For more information on Texas motorcycle accident claims and Austin motorcycle accident lawsuits, go to the following webpage.



Industrial Accident and Texas Plant Explosion Lawsuits

Industrial Accident Lawsuits and Texas Plant Explosion Lawsuits

Industrial accidents including plant explosions can cause catastrophic damages, severe injuries and even death. A number of safety violations can cause a plant explosion including chemical releases, failure to provide proper maintenance, combustible dust, improperly trained staff, and old equipment.

United States and Texas Plant Explosions

As Texas and the United States have become more industrialized Plant Explosions and other industrial accidents have become more and more common. This has become especially true with aging infrastructure of many industrial plants and the corporation controlled OSHA safety agency that has weakened safety regulations and protections for workers. These factors combined with many corporations deciding to save money at the expense of worker safety have lead to many devastating plant explosions and industrial accidents.

Plant Explosions and Combustible Dust

Combustible Dust is problem that has been know for years. For those familiar with the grain industry, it is commonly understood that grain dust is more flammable than grain. It is hard to burn grain, but if you have a large pile of grain dust the small particles become more flammable. For this reason there are several regulations on the grain industry to prevent fires and explosions. Likewise other materials like metal are typically not flammable, but when in dust form they become flammable and in large quantities can cause a plant explosion.

For more information on Texas Plant Explosions, Industrial Accident Lawsuits, and Combustible Dust, feel free to visit the Law Offices of Jason S. Coomer Industrial Accident Lawsuit and Texas Plant Explosion Webpage.


Monday, May 12, 2008

Texas Crane and Construction Equipment Lawsuits

Using cranes, bulldozers, tower cranes, backhoes, cherry pickers, and other construction equipment have become common sights on Texas construction sites. This construction equipment is useful and allows construction projects to rapidly move forward as well as construction companies to erect large buildings and other construction projects that they otherwise be unable to do without modern construction equipment. However, because of the power and complexity of this construction equipment, it is extremely important that this construction equipment is operated by skilled and well trained construction workers who follow safety regulations and instructions.

Failure to follow safety regulations and procedures can result in fatal construction accidents as well as construction accidents resulting in serious injuries and substantial damages. From collapsing cranes to lost unsecured loads to improperly stacked building supplies, the rise in construction has resulted in additional construction accidents.

Texas Crane Accidents and Safety Regulations

Moving large, heavy loads is crucial to today's manufacturing and construction industries. Much technology has been developed for these operations, including careful training and extensive workplace precautions. However, problems and accidents arise when construction companies, construction workers, and crane operator's get careless or try to save money at the expense of safety.

Some of the most serious construction accidents happen as a result of the misuse of heavy equipment including cranes, tower cranes, and backhoes. The potential dangers of operating a crane include collapsing cranes, cranes flipping or toppling over, cranes coming into contact with live power lines resulting in the burning or electrocution of the operator, and improperly secured loads falling on workers and/or bystanders.


For more information on Texas Construction Equipment Accidents for to the following Web Page on Texas Crane & Construction Equipment Accident Lawsuits.