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.

Texas Guardianships

Guardianship Applications and Contests

A guardianship is sometimes needed when a person cannot take care of herself or himself. Typically, a Texas Probate Court will look to alternative less drastic measures to avoid a guardianship or making someone a ward. This is because a guardianship takes a person's rights away including use of their finances and decisions on their daily care. An Application for a Guardianship should only be filed to further a person's best interests.

Incapacitated Persons and Guardians

According to the Texas Probate Code Section 601 (14), there are three types of incapacitated people that need guardians. The first is a minor which includes those under 18 years of age that have not been emancipated. The second are adults who because of a physical or mental condition, are substantially unable to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage the individual's own financial affairs. The third are people that must have a guardian appointed to receive funds due the person from any governmental sources.

A person is determined to be "incapacitated" upon a finding by a court that the person lacks the capacity to do some, but not necessarily all, or the tasks necessary to care for himself or herself or to manage his or her property.

A court may appoint a guardian with full authority over an incapacitated person or may grant a guardian limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the person. If the person is not a minor, the court may not use age as the sole factor in determining whether to appoint a guardian for the person. In creating a guardianship that gives a guardian limited power or authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person.

Setting Up A Guardianship & Filing an Application for Guardianship

An Application for Guardianship can be filed by any person that does not have an adverse interest to the proposed ward. This rule is to make it easy for a good Samaritan to help a person that is unable to help themselves, but to prevent people from attempting to take control over people that they owe money to or are fighting in a court battle. Most applications for guardianships are filed and determined in a county court or probate court, however, the determination can be transferred to District Court. To have a guardian appointed the applicants must have a medical report from a doctor that states that the proposed ward is substantially unable to take care of themselves. This medical report can be obtained prior to the application or as part of the court's determination.

Drive By Guardianships & the Race to the Court House

A proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought 1) in the county in which the proposed ward resides, or 2 ) is located on the date the application is filed or 3) in the county in which the principal estate of the proposed ward is located. If there are multiple counties where the application for a guardianship can be heard, then the place where the first application is filed controls. Combining this rule with 2) above, we have instances where a family member is brought for a visit for the purpose of filing for an application to get the proceeding in a local court. This can be convenient, but also can create races to the court house for different family members.

The Duties of a Guardian

The duties of a guardian are not only to take care of the ward or minor, but to manage the ward's finances or estate. Included in these duties are accounting reports that must be filed in managing the ward's finances. The failure to properly manage the estate or prepare the accounting reports can be a breach of fiduciary duty and can subject the guardian to liability for any misspent money or unaccounted assets.

If someone close to you is in need of a guardian and needs someone to take care of their financial affairs or even worse if there are others that are attempting to wrongfully seize your or someone you love's assets, make sure that there is someone to look out for your interests. A court appointed attorney may help Someone to assist in seeking inventories and obtaining an accounting as to what has been spent and what needs to be done to free up property and assets.

For more information on Austin Texas Guardianships, go to the following web page on Travis County and Austin Texas Guardianships.

Whistleblowers, American Heroes, and Qui Tam Lawsuits

Whistleblowers, American Heroes, and Qui Tam Claims

During the Civil War, corrupt military contractors were defrauding the United States Army out of hundreds of thousands of dollars and putting troops at risk by supplying troops with defective products and faulty war equipment. Illegal price gouging was a common practice and the armed forces of the United States suffered. In response, Abraham Lincoln enacted the Federal Civil False Claims Act. A key provision of the act was known as qui tam.

The abbreviation is from Latin and refers to "a person who files a suit for the king as for himself". Qui tam laws have existed for centuries as deceptive government contractors have been around as long as government contracting has. Qui tam actions allow a private citizen to file a lawsuit on behalf of the U.S. government in an effort to recover losses caused by fraud against the government. The law is an incentive for civilians who know of individuals or companies making false claims for profit to come forward with information. In reward, the "whistleblower" (also known as the relator) shares in any federal revenue recovered.

For more information on Texas or Federal Qui Tam Lawsuits including defense contractor fraud, highway contractor fraud, health care fraud, or other governmental contractor or subcontractor fraud feel free to go to the following webpage on government contractor fraud lawsuits. It takes American heroes to keep corrupt government contractors from defrauding the United States Government out of millions or billions of dollars.

Texas Breach of Fiduciary Duty Lawsuits

A Variety of Relationships and Positions Can Create Liability Under Texas Breach of Fiduciary Duty Laws by Texas Breach of Fiduciary Duty Lawyer Jason Coomer  Under Texas law, a person who holds a special position of trust and has the power to act for another person or entity such as an estate, trust, partnership, or corporation will have a fiduciary duty to act in another person's or entities' best interest that goes along with that position.  Examples of persons that have fiduciary duties under Texas law include Guardians, Executors, Administrators, persons holding powers of attorney, banks, lawyers, agents, corporate officers, and corporate directors.  Fiduciaries that breach their fiduciary duty and that breach results in loss of money can often be held accountable for any money lost. For more information on Texas Breach of Fiduciary Duty Lawsuits, please read below or click on the following link: Texas Breach of Fiduciary Duty Lawyer.

Texas Executor Fraud Lawsuits and Breach of Fiduciary Duty Lawsuits

An executor of an estate has to take an oath to fulfill the wishes of the decedent's Will. Failure to properly comply with the Will or violating the oath of the executor can result in a breach of fiduciary duty lawsuit against the executor for failure to comply with the decedent's wishes. Executors that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are a beneficiary of a Will and an executor has negligently lost or intentionally stolen estate property, it is important to hire a Texas Negligent or Fraudulent Executor Lawyer that can help rightful beneficiaries seek compensation for theft or negligence by an executor.

Texas Administrator Fraud and Breach of Fiduciary Duty Lawsuits

Administrators like Executors have a duty under Texas probate law to properly manage and distribute an estate. Administrators have to take an oath to fulfill Texas law in managing an estate. Failure to comply with Texas probate can result in a breach of fiduciary duty lawsuit against the administrator for failure to comply with the decedent's wishes. Administrators that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are an heir or beneficiary of a estate that has been mismanaged, it is important to hire a Texas Negligent or Fraudulent Administrator Lawyer that can help rightful heirs and beneficiaries seek compensation for theft or negligence by an administrator.

Texas Powers of Attorney Fraud and Breach of Fiduciary Duty Lawsuits 

Persons holding a power of attorney for someone else have a fiduciary duty to keep records of the transactions that they make for that person as well as to act in that person's best interest. Intentional or negligent failure to adhere to these fiduciary duties can result in legal action against the person holding the power of attorney.

Texas Inheritance and Probate Fraud Lawsuits 

Probate Fraud Lawyer Jason Coomer handles breach of fiduciary duty lawsuits and claims where probate fraud, guardian fraud, executor fraud, Will fraud, Will forgeries, misuse of a power of attorney, or other malfeasance has occurred. As a Texas Probate & Inheritance Fraud Lawyer, he helps wards, heirs, and beneficiaries seek compensation from guardians, executors, administrators, and others that have intentionally stolen or negligently lost money and other property.

Big Spring, Texas Refinery Explosion Alon USA

According to the AP, at least four people were injured and a blast could be felt miles away from the Big Spring, Texas Refinery Explosion operated by Alon USA. The Explosion occurred around 8am Monday, February 18, 2008.

[Click here for more information about plant explosions]

Defective Smoke Detectors and Aluminum Wiring a Recipe for a Fatal Home Fire

A working smoke alarm on every level of a home and in each bed room is an important safety feature to have in your home. The United States Fire Administration provides information on smoke alarms including the following brochure on What You Need to Know about Smoke Alarms as well as information on defective smoke detectors that you should be aware of and avoid.

As of December 2007, the United States Fire Administration had recalls notices on Digital Security Controls FSA and FSB Series Smoke Detectors, First Alert Onelink Battery-Powered Smoke and Combination Smoke/Carbon Monoxide (CO) Alarms, and BRK Brand Hard-Wired Battery Back-Up Smoke Alarms, Models 4120B and 4120SB. For more information on these smoke alarms, contact the United States Fire Administration or the manufacturers of these products.

Defective smoke detectors and smoke alarms are especially problematic for fires that occur at night, when people are sleeping, when people are disabled, or when the fire is hidden. This is because a failure to warn of a fire can allow the fire to spread. Once the fire has spread smoke can accumulate taking away oxygen and creating toxic fumes that can cause people and pets to pass out from smoke inhalation.

Austin Texas Home Fire Claims (Aluminum Wiring)

When purchasing, renting, or deciding to live in an older home it is important to know when it was built and if it was built with aluminum wiring in it. This is because many homes built in the 1960s and 1970s were built with aluminum wiring that can over heat and cause a fire. Additionally, over time the aluminum wiring in these homes typically deteriorate making the risk of an accidental electrical fire increase.

If you own or are thinking of buying or renting an older home it is important to know if you have aluminum wiring. If your home will have aluminum wiring, it is also a good idea to review the Consumer Product Safety Commissions Recommendation for Aluminum Wiring in Homes and to make sure that your home has working smoke detectors. This knowledge can help avoid a fatal home fire or fire tragedy.

Austin Texas Home Fire Claims (Aluminum Wiring & Defective Smoke Detectors: Increased Risk of Fatal Home Fire)

Both aluminum wiring and defective smoke detectors increase the risk of a fatal home fire that could cause devastating loss of life, serious burns, catastrophic injuries, and significant property damage. It is always best to lower these risk as much as possible for your health and safety as well as that of your family.

Austin Texas Home Fire lawyer handles fatal fire claims and other accidental fire claims that cause serious injuries, significant loss of property, or death. Recovering from a home fire, can be difficult. Not only is there the loss of life or serious injuries to deal with, but the actual clean up and rebuilding. From the fire damage to smoke and fire suppression damage, residential fire claim typically require significant resources to clean up and rebuild the home. As such, it can be extremely difficult to deal not only with the loss of life, injuries, and damages, but to also deal with the builder, insurance company, or other large company that may be responsible for the home fire.

For more information on fatal home fires, defective smoke detectors, or aluminum wiring, please go to the following web page on Texas Fatal Home Fire Claims.

Smoke Inhalation Claims

Smoke inhalation is the number one cause of death related to fatal fires. An estimated 50%-80% of fire deaths are the result of smoke inhalation injuries rather than serious burns. This is significant as it is estimated that in the United States, each year over 30,000 people are killed or seriously injured by fire and smoke inhalation.

Smoke inhalation from an accidental fire can cause difficulty breathing, carbon monoxide poisoning, and other toxic effects that can result in serious injuries or even death. Smoke inhalation occurs when a person breathes in smoke or the products of combustion during a fire. The fire not only uses the surrounding oxygen in the air taking the oxygen that humans need to breathe, but through burning or combustion (the rapid breakdown of a substance by heat) creates smoke which is a mixture of heated particles and gases that are created by burning.

It is impossible to predict the exact composition of smoke produced by a residential fire or industrial fire as every accident fire is different. The products being burned, the temperature of the fire, and the amount of oxygen available to the fire all make a difference in the type of smoke produced. This is especially true when furniture, appliances, and other items made up of plastic or other chemicals is burned. The resulting smoke can be filled with irritants or toxins and result in serious respiratory problems or even death.

Smoke inhalation can damage the body by simple asphyxiation (lack of oxygen), chemical irritation, chemical asphyxiation, or a combination of these. Combustion can use up the oxygen near the fire and lead to death when there is no oxygen for a person to breathe. Smoke itself can also contain products that do not cause direct harm to a person, but they take up the space that is needed for oxygen. Carbon dioxide acts in this way.

Combustion can also result in the formation of chemicals that cause direct injury when they contact the skin and mucous membranes. These substances disrupt the normal lining of the respiratory tract. This disruption can potentially cause swelling, airway collapse, and respiratory distress. Examples of chemical irritants found in smoke include sulfur dioxide, ammonia, hydrogen chloride, and chlorine.

A fire also can produce compounds that do damage by interfering with the body's oxygen use at a cellular level. Carbon monoxide, hydrogen cyanide, and hydrogen sulfide are all examples of chemicals produced in fires that interfere with the use of oxygen by the cell during the production of energy. If either the delivery of oxygen or the use of oxygen is inhibited, cells will die.

Feel free to go to the following web page on Texas Smoke Inhalation Claims for more information.

The Insurance Industry Reaps Huge Profits at the Expense of Claimants

The Insurance Industry including Allstate, State Farm, Farmers, USAA, and Progressive have made billions of dollars over the past several years. These record profits have occurred despite many Americans suffering huge losses from major hurricanes and other disasters. A main reason for this profitability in the insurance industry is the aggressive procedures Allstate and many insurance companies have installed to deny and delay paying claims. This tactic of denying and delaying payment of claims has helped the insurance industry to obtain over $44 billion in profits in 2005 and what looks to be almost $60 billion in profits in 2006. It also has taken money from Texas families and businesses that have suffered the loss of a loved one, serious injuries, loss of home & possessions, or covered business losses.

Despite huge profits the insurance industry continues to find ways to not pay legitimate claims. CNN recently did a news story on All State and Farmers Insurance strategy of Denying, Delaying, and Defending all small claims regardless of the validity of the claim. In Defending all insurance claims, they spend millions of dollars defending small claims in a hope that most injured claimants or damaged claimants will give up or accept a settlement of pennies on the dollar. As most injured people do not want to fight a large insurance company or have the resources to survive when they can't work or have lost their home or business, many people with legitimate insurance claims accept low settlements.

For information on Texas insurance claims, go to Texas Insurance Claim Lawyer Jason Coomer's Website.

Eminent Domain, Expropiation, Condemnation, and Public Takings

Eminent domain is the inherent power of the state to seize a citizen's private property without the owner's consent. The property can be taken either for government use or by delegation to third parties who will devote it to public use. The most common public uses of property taken by eminent domain are public utilities, highways, and railroads.

Recently, the U.S. Supreme Court has largely given the "public use" requirement an expansive interpretation and has allowed takings of private property for conveyance to other private parties for "economic redevelopment."

What is Just Compensation?

The protection of the Fifth Amendment does not prevent a government entity from taking private property, but forces the government to pay "just compensation" for the property it takes. This issue is commonly disputed in the Texas courts as many governments want to pay as little as possible to take private land and most private landowners want to obtain as much as they can for their land. Most courts have held the fair market value of the condemned property to be the constitutionally required "just compensation." Its determination is a judicial question, and it is usually determined in a trial by jury, on the basis of the parties' appraisal testimony. In working with private landowners to prove up the value of their land, it is important for their eminent domain lawyer to work with them in obtaining a good expert for a land appraisement.

For more information go to the Eminent Domain and Public Takings Page.

Architectural Works Copyright Protection Act Claims

Federal Copyright law protects architects that have had their work and designs stolen by builders and businesses. Through the Architectural Works Copyright Protection Act (AWCPA), an architect whose work was stolen by a builder can seek damages for infringing structures. In some copyright claims under the AWCPA, architects have claimed that their designs have been stolen and hundreds of homes or other structures have been built using their designs. In pursuing the a copyright infringement claim, the business that stole the design can be made to pay for each infringement.

For more information about an Architecture Copyright Infringement claim feel free to go to copyright lawyer, Jason Coomer, Law Office's Architectural Works Copyright Protection Act Claim Page.