Bankruptcy 10/23/19 – gtg

The bankruptcy process can free an individual from overwhelming debt but it is not right for everyone. For many, alternatives to bankruptcy can provide much needed debt relief. For over 20 years, Buff & Chronister, LLC has helped families who faced repossessions, the threat of foreclosure and violations of the Fair Debt Collection Practices Act. We have assisted thousands in this manner and are strong advocates of bankruptcy when it will truly benefit you and your family. Filing for Chapter 7, Chapter 11 or Chapter 13 bankruptcy can achieve a discharge of your debts. In this way, bankruptcy gives you the fresh start it has gained a reputation for. What if you don’t qualify or bankruptcy is not really needed in order to successfully resolve your financial difficulties?
The purpose of our firm goes well beyond filing for bankruptcy. We work to get you back in control of your finances. Our attorneys strive to remove the dangers of foreclosure, wage garnishment and other repercussions of severe debts problems. If bankruptcy is not the best method to assist you, an experienced Centerville bankruptcy attorney from our firm is well-versed in other financial tools. We are able to take on creditors by using proven collections defense and foreclosure defense actions. Our attorneys are accomplished negotiators and trial attorneys. We are proud to have tried over 40 cases to a jury verdict. There are established methods of repairing tough financial situations and we invite you to talk to one of our attorneys to gain a full understanding of how we can help.
The rapid growth in Centerville’s population has caused an increase in the need for affordable housing. For most of us, our home is our largest and most important investment. It represents much more than mere dollars and cents. It is the place where we raise our families and live a good portion of our lives. If foreclosure on your home seems likely, there are swift actions that we can frequently take to assist you.
Successfully Using Loan Modification, Debt Negotiation and Debt Settlement
In a loan modification, our attorneys work directly with your lender. Our goal is to change the terms of your existing home loan so that you are now able to make your mortgage payments. At the same time, we must ensure that your lender is satisfied with the arrangement. Commonly, we achieve this by obtaining agreement to lessen your interest rate or principal. For some, we can get the terms modified from a floating to a fixed rate. Lenders can many times be made agreeable to modifications so that steady payments are being made.
A deed in lieu of foreclosure may be an alternative that will work best for you. This procedure permits you to transfer the deed for your property back to the lender. It has the disadvantage of losing your home but it prevents you from having to go through bankruptcy and can stop a foreclosure. It also gets you out from under a mortgage situation that is unworkable. A deed in lieu must be done with the agreement of your lender. This is possible as the lender gains a house that can be put back onto the market. We know the documentation that is required and strive to safeguard your rights throughout the process.
For others, a short sale will allow us to get you out of a troubled mortgage situation. If you owe significantly more than your home is worth and are not able to make your payments, a short sale can be a workable substitute to bankruptcy. In a short sale, our attorneys negotiate with your lender to accept an amount of money that is less than what you currently owe. This allows a lender to turn around and sell the house to a new owner. A short sale should not be undertaken without knowing the negatives and positives. We can help you to understand the procedure as well as how it will affect your financial situation.
Individuals run into credit card debt and other difficulties that they are unable to work out of. Recognizing this, debt negotiations or settlements are other approaches that our firm can use to get you back in charge financially. Our attorneys work with your creditors to reduce the amounts you owe on your debts. In many instances, a lender will agree to a reduction with the idea that receiving a smaller payment is better than no payments at all. Normally, when we complete negotiations on a specific debt, a lump sum will have to be paid to the creditor. Once your payment is made, the debt you owe will be legally discharged. An additional benefit to you is many of these payments appear on your credit score as a paid bill. Routinely, the kinds of debts that we can resolve with our actions include credit card bills, medical bills, vehicle repossession deficiencies and personal loans.
All bankruptcy alternatives have several points in common. We must act quickly in order for the options to be available to you and to prevent your finances from worsening.
Contact a Centerville bankruptcy lawyerto understand the financial alternatives available to discharge your debts.

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The Truth About Bankruptcy Exemptions, Debt Relief and More
If you wanted accurate information on a surgical procedure, you would go to a trusted surgeon. When you need to understand what is wrong with your car, a master mechanic is the best source for information. In a similar manner, if you are in serious financial trouble with debts beyond your ability to pay, who should you turn to for help? After more than 20 years of effective legal service for those with pressing debt situations, Buff & Chronister highly recommends that you only turn to a proven Berkeley Lake bankruptcy lawyer to learn the truth about bankruptcy.
It is unfortunate that bankruptcy myths and misconceptions can bar people from using an established route to discharging debts. For this reason, we feel it is our duty to accurately and fully inform individuals in need of debt relief of the facts regarding bankruptcy. Part of that job is doing what we can to dispel false and misleading information on the subject.
A common misunderstanding of the bankruptcy process is that you will lose your home, your vehicles and other important assets if you file. Fortunately, nothing could be further from the truth. This idea probably comes from Chapter 7 bankruptcy in which certain assets can be sold in order to pay off some of the debts that you owe. Part of Chapter 7 is also that certain of your debts can be cleared by the court, making you no longer legally obligated to pay them. Keep in mind that the purpose of bankruptcy is to discharge your debts and through this action give you a fresh financial start. When bankruptcy is completed, you are supposed to be in a much better financial condition than when you started. If this were not true, why go through the procedure?
In our state, there are bankruptcy exemptions that our attorneys can utilize to protect your most important assets. For the vast majority of individuals, their homes, cars, 401K plans and many other assets will not be affected by going through bankruptcy. While Chapter 7 is known as “liquidation” bankruptcy, Chapter 11 and 13 bankruptcies are not based on a sale of assets at all.
From time to time, we hear concerns that filing for bankruptcy will ruin a person’s credit rating or make it impossible to obtain credit. Frequently, it actually can be the start of repairing bad credit. After we complete a thorough review of your income, assets, debts and other applicable financial information, we can advise you as to whether bankruptcy will be the best solution for your situation. For some, alternatives to bankruptcy such as debt settlement, loan modification, a short sale of your home, deed in lieu of foreclosure or debt negotiation will work best. Our attorneys know how to use each of these alternatives to resolve your financial problems.
If you are being overwhelmed by debt, need to stop a foreclosure or face repossessions or wage garnishment, your credit rating has probably already suffered severe damage. When you have completed bankruptcy, all or almost the entirety of your debts will be resolved. Creditors look at the amount of your debt in comparison to your ability to pay. By successfully finishing bankruptcy, you can be in a much better position to pay all of your bills on time. Commonly, many banks will permit you to obtain a secured credit card quickly. After completing Chapter 7, most individuals will be eligible to purchase a home within several years.
Many individuals have suffered by the actions of bill collectors who disregard the Fair Debt Collection Practices Act. Some fear continued harassment even though they have filed for bankruptcy. This is one myth that we are happy to disprove. When we file your bankruptcy petition, an automatic stay will be issued by the court. This court order serves to put an immediate halt to all attempts by creditors to collect on your debts. Creditor lawsuits, phone calls, letters and other forms of pressure must cease. Filing can provide foreclosure defense, halt repossessions and stop garnishment of your wages.
For some, the most personal misconception about bankruptcy is that if you file, you have somehow failed and that is the end of the story. Even in an affluent area such as Berkeley Lake, misfortune can quickly strike. Millions of Americans have used bankruptcy as it was intended and come out on top. We have assisted thousands of families through severe financial troubles and would like to help you as well. We serve all of Gwinnett County and encourage you to get the facts regarding bankruptcy and its many benefits.
Contact our Berkeley Lake bankruptcy attorneyif you are considering bankruptcy and need accurate information about the process.

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Top 14 Myths About BankruptcyNot everything you’ve heard about bankruptcy is the absolute truth. In fact, most of what you may have been told is FALSE and I’ll prove it right here right now. Take a look at the Top 14 Myths creditors will tell you and the reason why each and every one of them is FALSE.
•Myth 1: Everyone will know you had to file for bankruptcy
•Myth 2: You will lose all of your possessions
•Myth 3: You will never have the ability to own anything ever again
•Myth 4: You will never be able to receive credit again
•Myth 5: Filing for bankruptcy will destroy your credit for a decade
•Myth 6: If you’re married…both you and your partner will have to file for bankruptcy protection
•Myth 7: Filing for bankruptcy is a very hard and difficult process
•Myth 8: Filing for bankruptcy makes you a deadbeat
•Myth 9: You’re a really bad person for filing bankruptcy
•Myth 10: You are hurting your credit by filing for bankruptcy
•Myth 11: Filing for bankruptcy will not stop creditors from harassing you and your family
•Myth 12: You sill still owe back taxes if you file for bankruptcy
•Myth 13: Filing for bankruptcy protection can only be done once
•Myth 14: You decide which debts and property to list in your bankruptcy
Myth 1: Everyone will know you had to file for bankruptcy
Usually, the only people who will know that you’ve filed for bankruptcy are your creditors and whoever you choose to tell. Bankruptcy does go on public record, but since there are so many filings, it is very unlikely that someone will be able to find your information in a sea of bankruptcy filings. However, talking about bankruptcy makes for good gossip, so we advise to watch who you tell about filing. Unless people are looking to specifically track information about you, it is almost impossible for nearly everybody to find out you have filed.
Myth 2: You will lose all of your possessions
This couldn’t be any more false. You most likely will not lose a thing when you file for bankruptcy protection. Each state has a certain set of exemptions that will help you protect your property. Bankruptcy also doesn’t cancel out liens, which allows you to keep a vehicle, business equipment, or a home as collateral for any loan to pay debt.
Myth 3: You will never have the ability to own anything ever again
Again, this couldn’t be further from the truth. When you accumulate wealth again to buy things, you are free to own and possess what is affordable for your budget.
Myth 4: You will never be able to receive credit again.
While it may be easy to believe this myth, it is not true. When you file bankruptcy, you are given a new opportunity to handle increased credit, which will make you appear more attractive to possible lenders in the future. If you are able to stay employed, save money, pay bills on time, and allow your credit report to become more positive, your credit will improve over a period of time. With our experience, those who have not gotten back to good credit standing in two to four years, it is NOT because of filing bankruptcy – it’s because of an incident that occurred after the filing took place that hurt their credit standing.
Myth 5: Filing bankruptcy will destroy your credit for a decade.
This is a common misconception. Bankruptcy WILL show up on your credit report for ten years, but reporting will not necessarily leave a negative mark on your credit rating. These are two different but commonly confused concepts.
Look at it this way – if you are filing for bankruptcy, your credit rating is already in trouble and beyond repair. As this is the case, bankruptcy is not going to hurt your credit.
If you have not re-established your credit within the few years after filing, it’s not because you once filed for bankruptcy or that it’s part of your credit history.
Myth 6: If you’re married…both you and your partner will have to file for bankruptcy protection.
This is also not true. Many times, for domestic partners to file together makes sense, but it’s not required by law. There have been numerous cases where only one partner has filed for bankruptcy, but in general, it makes sense for both partners to file jointly – to get a sort of “two for one” deal – the two of them can file for the price of a single filing.
Also, if you and your partner have no shared debt, your filing for bankruptcy will have no effect on their credit rating.
Myth 7: Filing for bankruptcy is a very hard and difficult process.
When you have an experienced attorney, your bankruptcy filing process will not be complicated. Deciding whether or not to file may be difficult, but we will make the filing as easy and painless as possible.
Myth 8: Filing for bankruptcy makes you a deadbeat.
This is a major misconception, especially in the state of today’s economy. There are many hard-working, good people who are forced to file for bankruptcy protection as a final resort. Bad things can happen to good people. Many times, bankruptcy becomes an option after a catastrophic event one may go through such as divorce, lost jobs, health complications, or family emergencies. Bankruptcy may also be an option for those who mistakenly fall into debt because of a lack of understanding of how to budget their finances.
Myth 9: You’re a really bad person for filing bankruptcy.
If you’re a bad person for filing bankruptcy, then so are a million other Americans who file for bankruptcy every year. It’s unfortunate, but good, honest and hard-working people find themselves falling upon hard times. Life isn’t always easy. It can be tough, even brutal sometimes, and money may not always be there. Bankruptcy gives those a chance to have a “fresh start”, or a second financial chance in life, and is not confined to any certain type of person.
Myth 10: You are hurting your credit by filing for bankruptcy.
This isn’t true, just because when you file for bankruptcy, your credit’s at a point where it really can’t get any worse. It’s either maxed out, or in bad standing – and bankruptcy will not make it worse. Many times, clients are surprised when they are told that filing for bankruptcy protection will help rebuild credit. Bankruptcy will help you get wipe out debt and give you a second chance to take on new credit responsibilities and prove to yourself once again to get your credit rating on the rise.
Myth 11: Filing for bankruptcy will not stop creditors from harassing you and your family.
Let’s take a look at yet another case where this myth is just not true. Once you file for protection against your creditors, the Bankruptcy Court will issue an order that will tell all creditors to stop harassing you. This means no more calls, letters, repossessions, garnishments, foreclosures, and more. This order is called an “automatic stay.” It’s issued pursuant to 11 United States Code, Section 362. In fact, creditors are not even permitted to contact you after you file for bankruptcy. If creditors violate this, you have the right to bring them before the Court for Contempt of Court.
Myth 12: You still owe back taxes if you file for bankruptcy.
If you have unpaid income taxes that are more than three years old, then the answer is yes, we can get rid of most of them. We can also have personal property taxes and inheritance taxes discharged. By law, there are several qualifications that need to be met. Once they are satisfied, the taxes no longer are your responsibility to pay. Please note: Filing bankruptcy protection does NOT get rid of any withholding or sales taxes no matter their age.
Myth 13: Filing for bankruptcy protection can only be done once.
You are able to file and get a ‘discharge’ under Chapter 7 once every eight years. After eight years has passed, you can file again for Chapter 7 if needed. As for filing a Chapter 7 after filing and getting a discharge in Chapter 13, the wait is 6 years, computed from ‘date of filing’ to ‘date of filing’. If you need to file a case under Chapter 13 of the Bankruptcy Code….the wait is only 4 years after a prior discharged Chapter 7 or 2 years after a prior discharged Chapter 13 case, computed from ‘date of filing’ to ‘date of filing’.
There is no required wait time between bankruptcy filings, if the prior bankruptcy case was ‘dismissed’, as opposed to ‘discharged’, unless there is a specific court order to the contrary.
Hopefully, you won’t need to file for bankruptcy more than once. .
Myth 14: You decide which debts and property to list in your bankruptcy.
Unfortunately, this is not the case. When filing, you must list every piece of property you own and all of your debts. Anything otherwise is against the law. People often leave out debts because they intend on paying it. Although you list it, you will still have the ability to achieve that goal. You are able to continue paying debt after filing for bankruptcy protection. There are even some debts you can’t not keep paying. If you don’t fall behind on a loan and keep your property insured, you will be protected under law and will not lose the property.

Call 314-849-1001 today to learn more.
We are a debt relief agency. We help people file for bankruptcy relief under the bankruptcy code and have been so proudly for over 20 years. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

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Bankruptcy Information (Q&A)

Please note that the following is general information only and not intended to be specific legal advice. Should you want specific legal advice as to your situation, CALL 775.636.9130 NOW for your FREE consultation or fill out ourcontact form.

Q: I am thinking about filing for bankruptcy, what should I do?

A: The worse thing you can do is NOTHING. If you are drowning in debt, stressing out over your finances, staying awake at night because of your mortgage, or anything of the sort, you should CALL NOW! Get a FREE consultation so that you can arm yourself with the information you need to make the decision that is best for YOU. Do not rely on what your friend or your friend’s friend, et cetera, have told you. CALL for your FREE CONSULTATION NOW, 775.636.9130 or fill out ourForm.

Q: I have heard that you must repay all of your debts in bankruptcy and that I could lose some or all of my things, is that true?

A: That is precisely what the banks and credit companies want you to believe, that Chapter 7 bankruptcy, the liquidation chapter, is no longer available. This is certainly not true. Chapter 7 bankruptcy is still available to those who are eligible. Importantly, you may be able to keep most, if not all, of your possessions. However, in order to best assess your eligibility for Chapter 7 bankruptcy and related issues, it is best to take advantage of our FREE consultation and get your questions answered.

Q: My spouse does not want to file bankruptcy whatsoever, can I file by myself?

A: Yes, you may file bankruptcy by yourself, without your spouse.

Q: What do I need to bring to my FREE consultation?

A: You need not bring any documentation, as long as you have a general idea of your finances — your debt and income situation.

Q: Who will I meet with for my FREE consultation?

A: Your consultation will be with a local Reno bankruptcy attorney, not a paralegal or legal assistant. The consultation will be a one-on-one, face-to-face appointment with the attorney who will be able to better assess your situation and advise you accordingly.

Q: How long will the process take once my Chapter 7 bankruptcy is filed?

A: From the filing of your Chapter 7 bankruptcy petition to the discharge of your case, it typically takes 4 to 6 months, although it could take longer depending on your specific situation.

Q: Will the filing of a Chapter 7 bankruptcy stop a foreclosure or wage garnishment?

A: YES, in most instances, the FILING of a bankruptcy will stop foreclosures, wage garnishment and other court matters. If you currently fear that your house will be foreclosed upon or wages garnished, we highly advise that you DO NOT WAIT! CONTACT US NOW for your FREE CONSULTATION, 775.636.9130.

Q: Will I have to go to court?

A: Yes. Upon the filing of your bankruptcy case, the Court schedules the341 Meeting of the Creditors in your case. The 341 meeting is typically scheduled about 4 to 6 weeks from the date of filing of your case. On that date, you and the attorney will go to the 341 meeting together and the Trustee assigned to your case will question you as to yoru bankruptcy filing. Note that all 341 meetings are held at the Nevada Bankruptcy Court.

Q: Who is the Trustee?

A: Once your case is filed, the Court assigns a Chapter 7 Trustee to administer your case. The Chapter 7 Trustee will be the one doing the questioning at your 341 meeting. Currently, there are eight Chapter 7 Trustees in the Reno area.

Q: Will everyone know I filed for bankruptcy?

A: Bankruptcy filings are not published in the local newspaper (Remo Gazette Journal, for example), although bankruptcy filings are public record. So, if someone really wanted to find out if you filed for bankruptcy, they could but unless you announce to others that you filed, it is unlikely that everyone will find out.

Q: I prefer to take my chances with a credit counseling or debt settlement company, would that be better than bankruptcy?

A:Often times, filing for bankruptcy is a better option than either credit counseling or debt settlement. Credit counseling may provide you breathing room by negotiating a lower monthly payment, but in the long run, you’re paying your debt off albeit at a slower rate. Debt settlement companies will typically require that their fee be paid prior to any work being done and even after that, you must have enough funds to settle the debt before they negotiate, so it could be months before you see any progress. On the other hand, bankruptcy legally wipes out your unsecured debt and allows you to begin on the road back to creditworthiness quicker. Of course, should you choose either credit counseling or debt settlement, we urge you to do your homework on the company you choose to ensure that your money is going where you intend it to go.

Q: Are there certain debts that I cannot get rid of in a Chapter 7 bankruptcy?

A: Yes. Certain debts, including, some debts owed to the government, student loans and domestic support obligations (child support and alimony) are not dischargeable in a Chapter 7 bankruptcy, so you will still owe such debts even after your bankruptcy. Please note that this is not an exhaustive list, but just a sampling of debts that are not dischargeable in a bankruptcy.

Q: Will bankruptcy mean that my credit will be bad for the next 10 years?

A: The fact that you filed a bankruptcy may legally be reported on your credit report for 10 years. However, your credit will not be dismal for the same amount of time. Typically, debtors who filed for bankruptcy are able to rebuild their credit and be creditworthy in just 2 years after receiving their discharge. What you do with your finances after bankruptcy will have a lot to do with your credit standing.

Q: How often can I file a Chapter 7 bankruptcy?

A: The simple answer is one can file a Chapter 7 bankruptcy 8 years after having received a Chapter 7 discharge.

Q: Why do attorneys charge so much? I can save a lot of money by using a paralegal or document preparation service.

A: Only an attorney can give you legal advice, and only an attorney can represent you in court. Paralegals and document preparation services are prohibited from giving you legal advice. Moreover, only an attorney can represent you in court. So if you use a paralegal or a document preparation service, you are on your own once your petition is filed. However, if you are comfortable with a paralegal or document preparation service, then you should utilize their services.

Q: What do I need to file for bankruptcy?

A: If you decide to retain our firm, we will provide you with a checklist of documents, a detailed questionnaire, and a list of approved credit counseling agencies and debt management course agencies. Typical documents include pay stubs, bank statements and tax returns. The questionnaire asks questions to which we need answers in order to prepare your petition, and the list of approved agencies provides you with information on the two courses you are required to take, one before your bankruptcy case is filed and one after your case is filed.

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Tier 1 Product Liability – gtg

Related Articles

3 Things That Can Ruin Your Case
Who is Liable?
Determining Value in a Products Liability Case
Cost to Pursue a Case
Where Should You File? – County or Federal Court
Defective Automobiles
Defective Boats
Tire Defects/ Rollovers
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Houston Products Liability Lawyer

Houston Personal Injury Lawyers » Houston Products Liability Lawyer

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We Have Been Winning Defective Products Liability Cases For Over 20 Years

Houston Texas defective product attorney
Since the founding of Our Law Offices in 1990, our Houston injury attorneys have been helping those injured due to another’s negligence. This article is intended to explain products liability law, highlight some of our successes, and demonstrate how the attorneys at Our Law Office should be your first choice to represent you in your Houston-area product liability claim.

How Do Product Liability Cases Work?

Product liability laws are generally all-encompassing in order to provide potential plaintiffs with all avenues of recovery to ensure that they receive the compensation that they deserve as a result of their injury. When an individual brings a product liability suit, all parties that are part of the chain of distribution will be considered potentially liable. Parties that are considered a part of the chain of distribution are all parties that had some level of involvement with the product from the design, to the sale of the product. This would include any manufacturers, sellers, delivery agencies, and all other similar parties. The thought process behind holding all these parties liable is that it is the responsibility of all parties to ensure that a safe product is being sold.

When you are pursuing a product liability cause of action there are generally two different avenues you will pursue, either a wrongful death claim or an injury claim that arose out of the defective product. Each of these types of injuries will have different recovery options. When you are dealing with a wrongful death cause of action you will typically be seeking reparation for the lost assets the deceased individual would have provided absent the death. These types of assets include loss of income. You will also seek monetary relief for your emotional losses as well as any medical expenses that your loved one may have incurred arising from the defective product injury prior to their death. An injury claim will seek relief for lost wages you may have had to incur from any absence from work. Other payments will be for pain and suffering and medical bills as well among other recoverable damages.

Example Cases

Our Law Offices have handled a multitude of very diverse cases in the product liability context. We have a history of success in these types of cases, whether they are defective medicine, tires, vehicles, toys, or even boats. A few highlights of our past successes: our ability to win a case where a woman suffered injuries to her back and broke several bones as a result of a defective throttle assembly in a boat. Another case where we were successful was where our client was injured while walking through a public park when a nearby bird-feeder burst into flames. We have also won cases for auto defects and many other different product liability causes of action. There isn’t a product liability case that we are not prepared to handle.

Why Experience is Necessary

Experience matters in several different trains of thought. You want an attorney that has been successful in these types of cases because they will know what to do, and how to present your evidence in the best possible light for you.

Most cases will never see the inside of a court room, the settlement offers that you will receive will not only be based upon the quality of your case but mostly on the defendant’s belief in their likelihood of winning the case at trial. Defense lawyers know that any case we represent will not be an easy victory in trial, and they are more likely to avoid trial be increasing their offers.

If you or a loved one has been injured as a result of a defective or faulty product, know that you have rights. The attorneys at Our Law Offices are here to help you get the results that you are seeking. We have handled a multitude of different cases just like yours and may be able to help you recover as well. To discuss your recovery options with us call us; you will be glad you did.

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3 Things That Can Ruin Your Product Liability Case

Houston Personal Injury Lawyers » 3 Things That Can Ruin Your Product Liability Case

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Steps to Take and Things to Avoid in Order to Preserve the Value of Your Products Liability Case

Defective product lawyer in Houston
All personal injury matters are a process, not an event. You cannot simply make accusations that a product was defective and be compensated for your damages. With the assistance of a qualified attorney you must effectively prove that the product was defective, the manufacturer is liable, and that this defect was the proximate cause of your injuries. There are many things that you must do to have a successful product liability claim, but here are a few things that can ruin you case: disposing of the product, waiting too long to pursue the claim, and hiring the wrong law firm.

Disposing of Product

When a manufacturer produces a product or a drug, they typically make thousands or even millions of these products. In some product liability cases, all examples of a particular product are defective. In this situation everyone who owns this defective product could potentially be hurt and each person who is injured by the product will suffer the same affects. If you own or possess that particular faulty product then it is presumed that you will suffer the same affects as anyone else. However, a lot of other products fail on an individual basis; therefore you need to possess this particular product to prove that it was defective.

In cases where we need the distinct product which was defective, the product itself cannot be disposed of before the case ever goes to trial. Our attorneys are skilled and practiced in protecting evidence which is the foundation of your claim. For instance, we have litigated defective auto cases which require the vehicle to be put in storage through the duration of the case. This allows us to properly preserve the evidence, prove that it has not been tampered with, and allows us to use the evidence at our disposal. If you mistakenly dispose of the defective product, or allow it to become altered in any way, the basis for your entire claim could be destroyed.

Waiting Too Long to Pursue the Claim

If you wait too long to pursue the claim, you run the risk of not having all the evidence necessary to prove your case. Many prospective clients have waited too long to hire anyone and by the time they called us, all the evidence had already been completely eradicated. As mentioned above, many product liability claims revolve around one specific piece of evidence. By waiting to file a claim against the manufacturer, the evidence can easily be destroyed or lost.

Additionally, victims can wait too long to file a product liability claim and the statute of limitations can expire. You are allowed a very narrow amount of time to file your personal injury or wrongful death claim. Once this time passes, you are completely barred from filing suit. Many people wait too long to file their product liability lawsuit and ultimately receive nothing because the statute of limitations has passed. But here’s the tricky part. Not everyone can intuitively identify when their statute of limitations begins, so they may very well think that their two years has not run out, but they are basing this on the wrong starting date.

Hiring the Wrong Law Firm

Product liability cases generally involve severe life-threatening injuries and the defendant typically will have many assets. Therefore, a lot of attorneys will see these cases as a payday, but most law firms are ill equipped to take the necessary steps to get to that point. In other words, some firms want the case but they don’t have the means to actually work the case properly. There are numerous reasons why a law firm may be ill equipped to handle your claim:

They do not understand how or where to file a product liability lawsuit.

They do not have the necessary connections to prove your injury.

They do not have the necessary resources to execute your claim.

Many law firms are not qualified to handle your product liability claim because they do not know how to handle such a complex lawsuit. Product liability claims involve being proficient with intricate details of the defective product and the resulting accident. Furthermore, not every law firm has attorneys which are licensed to practice in both state and federal courts. Many product liability claims must be filed in federal court and many attorneys are simply not licensed for federal court. Our Law Offices have attorneys who are licensed to practice in both state and federal court and we are very familiar with handling such complex claims.

Our Law Offices have a great deal of connections which are necessary in the success of your claim. Proving a product liability injury often requires numerous expert witnesses and scientists who are capable of recreating the accident. Without these invaluable connections your claim could be greatly harmed and you may not reach a successful outcome. Our attorneys have used many expert witnesses in past claims to prove injuries and convince the jury of our client’s need for compensation.

And finally, many law firms do not have the capital necessary to pursue your claim. Product liability cases are incredibly expensive and often the attorney will have to pay out of pocket to secure evidence and have experts pursue analysis. Additionally, our attorneys will probably have to travel and, simply put, many law firms do not have this disposable income to adequately pursue your claim.

Our Law Offices are dedicated to helping our clients seek the justice they deserve. We are passionate about helping victims like you and we put your needs before ours. To learn more about important aspects of your product liability lawsuit, contact Our Law Offices.

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Responsibility for Injury Due to a Product Defect

Houston Personal Injury Lawyers » Responsibility for Injury Due to a Product Defect

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Who All is Responsible for an Injury Caused by a Defective Product?

Did You Know?

Houston defective product attorney

Our Houston defective product attorneys have won thousands of cases. Call us today to discuss your case.
We trust that the products that we purchase for ourselves and our loved ones are intended to be safe. We believe that if we use a product to clean our house, to entertain our children or to use for our health will not cause us any harm. Products that we purchase are part of our way of life in the Houston area.

Many of the products that are exposed to the public are supposed to be created under the federal guidelines but sometimes they are not. The reason why some of the products are not made according to federal guidelines is that the manufacturers are wanting to rush the product to the markets without properly testing it. When this happens the product becomes defective causing several people to become injured by the product. Meanwhile, the manufactures are still making a profit.

Who is liable?

In theory, everyone who is involved in the chain of distribution can be held liable for the injuries that you suffered and a lawsuit can be brought against them. This can include the people who manufactured, created, designed, sold, and marketed the product.

Sometimes everyone in the chain of distribution can be difficult to identify because there are so many entities involved in the manufacturing and distribution of the defective product. The most common defendants identified are the manufacturer and the retailer. The manufacturer is the company that designed, marketed and tested the product. The retailer is the company or companies that sold it.

Who can sue?

If someone bought the defective product and suffered injuries then they can bring a products liability lawsuit. However, that’s not the only person that can bring a products liability lawsuit. If you did not buy the product but you suffered injuries because you used the product or someone else used the product and you suffered injuries then you can also bring a products liability claim.

Elements of Products Liability

If you are intending to file a products liability claim for your injuries, then you must first prove that the product was defective, you suffered an injury, the injury was caused by the defective product, and you used the product the way it was intended for it to be used.

Theories of Product Liability

Once you have shown the above elements in a products liability case, then there are several theories that can be raised. You must show that the product was manufactured poorly, the product was defectively designed or the product did not include warnings or instructions about how to properly use the product.

A product that was manufactured poorly is the most common reason because all you need to show is that there was something wrong with the product when it was manufactured. For example, you purchased an expensive coffee pot from a store in the Galleria mall in Houston. You take the coffee pot home and begin to use it. You fill the coffee container with water and then you add the coffee grounds. While the coffee is brewing, the coffee pot gets too hot and explodes causing the glass to cut your arm while the hot water hits your face, causing first-degree burns. Because of the faulty coffee pot and your injuries you can bring a products liability lawsuit against the manufacturer and the retailer who sold it to you.

A defectively designed product involves multiple products of the same type that are flawed or defective. An example of this would be several coffee pots that were made by the same manufacturer and they all exploded causing first-degree burns.

Products that do not include warnings or instructions are just as dangerous as the first two theories. Because the manufacturer has failed to warn you about the dangers then you are unaware of the possibilities that can occur.

Defective products in the Houston market contribute to hundreds of accidents daily. Our attorneys at Our Law Offices have successfully litigated products liability cases against the manufacturers and the retailers for our clients in Houston. Our attorneys have over 20 years experience and will vigorously fight for your rights. Call us any day or night at to receive a free consultation.

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How Much is my Product Liability Case Worth?

Houston Personal Injury Lawyers » How Much is my Product Liability Case Worth?

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Determining the Value of a Products Liability Personal Injury or Wrongful Death Case

We have found that the question which is often asked by our clients is “How much is my products liability case is worth?” However, the appropriate question is “How much compensation is enough for me?”

In our opinion, a settlement is not in our client’s best interest unless it covers past and future losses. A settlement might not be enough for the injuries that you have incurred. A settlement might warrant only enough for you to cover your medical bills but it might not be enough to take care of your lost of income, your mental anguish that you are suffering due to the accident, or any other financial needs that might need to be compensated.

Each Case is Different

Imagine that you are driving a SUV and the tire blows out. You are paralyzed from the waste down. Is a million dollars enough? Is two million dollars enough? What about three million dollars? The appropriate answer is: enough compensation is the amount that pays for the full impact that you sustained to your lifestyle. Costs such as the need for special vehicles if you were are no longer to walk, the accessible equipment in your home to make it easy for you to move around, long term treatment of healthcare, and any other additional resources to assist you with the future physical injuries that might occur.

Now think about this example, imagine that your loved one is killed by suffering from a dangerous drug like Pradaxa or from a car accident because the airbags failed to deploy. Your spouse is now gone because of the recklessness of someone else. Your spouse was the primary breadwinner for your family. You were dependent on their income to take care of the household. Is it fair to have enough compensation for your pain & suffering to be without the one you love? Or is it enough to make up for the loss of income your loved one who would have continued to make if they had not died.

What is Next?

Did You Know?

Houston Texas defective product attorney

Our Houston Texas attorneys have won hundreds of defective product cases. Call us today to discuss your case.

There are practical limitations for obtaining these types of results. By hiring an experienced attorney from our law firm, you will be afforded the highest quality of legal services possible. The attorneys at Our Law Offices have been successfully fighting to provide our clients in the Houston area with the adequate compensation that they deserve for over two decades.

Our attorneys understand that your life will never be the same after the accident and enough compensation might not be enough. However, our attorneys will ensure that with the devotion of their time and dedication to your needs, the compensation awarded to you will be enough. Contact our office at to discuss your legal matter further.

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How Much Does a Products Liability Case Cost?

Houston Personal Injury Lawyers » How Much Does a Products Liability Case Cost?

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What Costs Can I Expect When Filing a Products Liability Lawsuit?

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People are always inquiring of how much it would cost to pursue a products liability lawsuit. This is not a strange question because a lot of people are reasonably concerned that this type of lawsuit would be cost-prohibitive and that they would not be able to be compensated accordingly for their losses. One of the main concerns centers on the idea that attorneys fees would end up being out of control. However, that is not the case and the purpose of this article is to address these concerns. As you will discover that in reality the risk for you as the injured party is fairly low.

What Does Our Law Office Charge for a Products Liability Lawsuit?

Our law firm works exclusively off of a contingency fee arrangement in product’s liability cases. A contingency fee arrangement basically means that we charge you nothing at all straight off the bat. In the event that your case ends up being successful then we will take a portion of the proceeds that are received as compensation for our services. Therefore, if you don’t get paid – neither do we. Essentially, if your lawsuit is not successful then we will receive nothing at all for our time and services.

Moreover, we assume all financial risk. Our attorneys will invest hundreds or even thousands of hours into a case even though we may not receive anything for our efforts. As previously stated, the way that we get paid is that we keep a percentage of your award in the event that your lawsuit reaches a favorable outcome, but only if the case is successful.

The typical price range for fees rendered under a contingency fee arrangement is one third of the winnings. However, there are certain situations where the fees may be higher if the circumstances make the case more risky for our firm. For instance, if you hire us the day before your statute of limitations expires. We may still choose to take your case but considering that time is of the essence in that situation, a higher fee may be appropriate in order for our firm to be adequately compensated proportionate to the risk we are assuming.

Costs

In addition to fees, clients will have to repay any costs that we put into a case. Some clients prefer to pay for court costs out of their own pocket, and when the case is resolved they simply pay us for our attorneys fees alone. But when a client cannot afford to pay out of pocket for attorney’s fees, we will pay the client’s court costs for them and we’ll be paid back out of the winnings.

For instance, in the event that a settlement agreement is not a possibility, we will file suit on your behalf and take your case to trial. In doing so we will have to pay the court a few hundred dollars for the filing fee and we will have to pay for other such expenses including the services of a court reporter and a process server.

The way it works is that we will advance our own money to pay for these expenses in order for your lawsuit to progress. If and only if we win your case for you will you have to reimburse us for these expenses.

In the event that we do not win the case, we will completely absorb the loss of all of the attorney time and expenses that we put into your case. This is an incredibly rare outcome and should only occur if the defendant that we file suit against happens to enter into bankruptcy or some other unanticipated event. Nevertheless, if this occurs we will bear the financial burden of the loss. You will suffer no out of pocket expenses whatsoever.

A vast majority of cases that our firm handles are capable of being settled out of court without having to file suit, which eliminates the need to put expenses into a case.

Why You Shouldn’t Be Scared of Costs

We are bound by the ethics rules of the State Bar of Texas, and just so we’re clear, that means that if we break said ethics rules we may forever be barred from the practice of law (read: we don’t break the rules). One of the rules that we are sworn to abide by is that we cannot unfairly charge a client for costs. We can’t charge interest and we can only ask a client to reimburse us for costs out of their winnings and only when we substantiate the costs to the client.

The costs that we expend to make sure you have a strong case for recovery are usually fairly insignificant compared to the award that will be received if we are successful with your claim. For instance, our firm recently resolved a seven-figure truck accident case and the total expenses that we put into the case after a year of litigation was only $15,000. Now, $15,000 is not a small amount, but compared to the money that we made for our clients and the advantage it gave to our clients, it was put to good use.

What Are Some Typical Costs Associated With Filing a Lawsuit?
An example of costs or expenses would include the filing fee that we have to pay to file a lawsuit. This will usually be about a four $100 fee for a court reporter to appear on day of trial or depositions. In addition, with a products liability lawsuit your case will likely require and report from an expert witness (typically an engineer). Hiring an expert witness to provide testimony to make sure you have all the proof you need to win could range from $2,000 to $20,000.

In sum, the attorneys at Our Law Offices are highly qualified and have more than the necessary experience to ensure that your products liability lawsuit is based on the best theory of recovery available. We can state without reservation that what we bring to the table is worth every penny that we charge. We are the first to admit that hiring a lawyer is not exactly cheap, but it is better than the alternative. Attempting to pursue a product liability cause of action without an attorney would be a near impossible feat. Considering the highly technical nature of these types of lawsuits, you need the best representation available in Harris County. That is exactly what we can offer you at Our Law Offices.

We have been handling personal injury lawsuits all over the state of Texas for upwards of twenty years and will provide you with the same customer satisfaction that we have with every client we have represented in the past. To discuss your potential product liability cause of action, contact us.

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Harris County Court vs. Federal Court

Houston Personal Injury Lawyers » Harris County Court vs. Federal Court

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Do You Know Whether You Should File Your Case in Federal Court or in the Local Harris County Court System?

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There are many different courts in Harris County that you could potentially file your case in. Determining which court to file your case in depends on different factors like what type of case it is and what legal remedy you are trying to pursue. However, there are also times when you will be able to file your case in federal court. Our Law Offices has over twenty years of experience and has handled over a thousand cases, many of them in Harris County.

Harris County Justice of the Peace Courts

Harris County Justice of the Peace courts are the lowest level of courts in Harris County and basically serve as a small claims court. When you are suing someone and are claiming damages that are $200 or less, they must be filed in this court. However, you can also file claims up to $10,000 in this court. One of the types of cases you can file in a justice of the peace court is a personal injury claim, so long as the damages requested are less than $10,000. You need to file a personal injury claim within two years of the action that gave rise to your claim.

Harris County Probate Court

Harris County Probate Court is a court that generally deals with probate matters like the distribution of a will. However, certain cases involving personal injury claims can also be brought in front of a probate court. For example, a wrongful death suit that involves survival damages can be brought in a probate court by the victim’s estate on behalf of the victim.

Harris County District Court

Harris County District Courts are courts that have what is called general jurisdiction, meaning that most cases are going to be filed here. Any case that involves damages in an amount greater than $200 can be filed in one of Houston’s 26 District courts, depending on where the incident occurred and where the parties reside. There is no upper limit to the amount of damages that can be awarded by a district court. Most personal injury cases will be filed in district court and must be done so within 2 years of the action that gave rise to the claim.

When Would I Be Able To File My Claim in Federal Court?

There are certain instances where you will be able to file your claim in Federal District Court instead of a Harris County Court. The way you should think of it is you are always able to file your case in a Harris County Court, but you need to be able to prove that you are allowed to file your case in Federal Court. There are two requirements that must be met in order to file a case in Federal Court, the amount in controversy and diversity of citizenship.

The amount in controversy for a case to be filed in Federal Court is $75,000. In other words if the amount of damages you are claiming in your personal injury case is for more than $75,000 than you may have the option to file your case in Federal Court if the next requirement is met.

Diversity of citizen ship means that the two opposing parties, the plaintiff and the defendant, are not from the same jurisdiction, or state. For example, if you live in Houston and are a Texas Citizen, and are in a car accident with someone who is a citizen of Louisiana, if you decided to bring suit against them diversity of citizenship would exist. If both of these requirements are met, then you will be able to file your case in Federal Court.

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You Need An Experienced Attorney to Help You Pick The Right Court

Determining the right court to file you potential claim in can be difficult without the assistance of an experienced attorney. The attorneys at Our Law Offices have over two decades of experience and have helped many of their clients determine the right Harris County Court to file their claim in.

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Defective Boats and Watercraft

Houston Personal Injury Lawyers » Defective Boats and Watercraft

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Has a Defective Boat or Personal Watercraft Caused an Accident or Other Serious Injury?

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Boating accidents can happen more frequently than you think. Sometimes this is caused by operator error but other times it is caused by a defect in the boat itself. When a boating accident is caused by a defect in the boat and you are injured as a result, there may be a way for you to receive compensation for your injuries. Our Law Offices have over two decades of experience helping clients understand and use their rights.

What is a Defect?

There are three main ways that something can be defective. They can be defective as manufactured, defective as designed, or have a warning defect. The two most common types of defects for boats and other watercraft are design defects and absence of a warning.

A design defect means that the entire line of products is defective because of a faulty design. For example, if a boat uses a certain kind of motor, and that entire line of motors has a tendency to overheat and explode, this would be a design defect.

The other kind of defect commonly associated with boats and watercraft is an absence of a warning. This kind of defect is split into two categories, an inadequate warning and a lack of a warning. An inadequate warning is a warning that does not disclose all of the risks associated with a product. A lack of a warning is a complete lack of a warning about the danger of using a product.

A warning defect can arise in boat and watercraft accident cases because boats and watercraft can be potentially dangerous if not used correctly. For instance, if a boat manufacturer does not warn you that if you drop the anchor on the right side of the boat it may cause the boat to capsize, it would be a warning defect.

What are Some Common Types of Boat and Watercraft Defects?

There are some common types of design and warning defects in boats and watercraft. One defect is a failure of the hull of the boat. This means that the hull is made in such a way that it’s not able to protect the boat or is easily damaged. If the hull of a boat fails, this usually leads to it sinking.

Another common defect is engine failure. This means that there is something that causes the engine or motor of a boat to either malfunction or become destroyed. The best-case scenario is that the engine simply stops working and you are stuck. However, the worst-case scenario is that the defect causes the engine to catch fire or explode resulting in serious damage to the boat and possibly to you.

Yet another type of defect is instrument failure. For example, imagine you are driving your boat on Lake Conroe, but the boat’s depth gauge is defective and fails to warn you that you are about to enter shallow water. As a result of the defective depth gauge you then crash your boat on the bottom of the lake resulting in damage to your boat and injury to you.

You Need An Experienced Attorney

Houston defective product attorney
Like all product liability cases, boat and watercraft defect cases can be very complex because of all the elements that have to be satisfied in order to prove a design or warning defect. Also, there are some defenses, like misuse, that the defendant can use to try and avoid liability.

The attorneys at Our Law Offices have over twenty years of experience and have dealt with many products liability cases involving boats and other watercraft. They have helped many Houston clients determine their rights under the law and get the compensation they deserved. If you were injured in a boat or watercraft accident that was caused by a defect, call today for a free consultation.

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Accidents Caused by Defective Tires

Houston Personal Injury Lawyers » Accidents Caused by Defective Tires

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Has a Defective Tire or Blowout Led to an Accident Causing Injury to You or a Loved One?

Tires are infamous for being the cause of a car accident. Manufacturers have repeatedly been forced to recall tires on all types of vehicles due to some sort of defect which is likely to cause an accident which may harm you and your family. A tire can be defective due to negligent construction, faulty design, or by the way in which it was wrongfully implemented. Under the right (or rather wrong) circumstances you can suffer significant injury or, in some cases, even death. This article will explain how we expect our tires to perform, what happens when they fail to meet that expectation, who is entitled to file suit, who may be responsible for your accident and it will specifically discuss tire problems associated with SUVs.

What We Expect From Tires

The tires on your car are probably one of the most crucial aspects of your vehicle. They are the one thing that directly connects your car to the road. Your tires grip the ground when driving, turning, and stopping and if they fail to function properly, the result can be catastrophic.

Every tire will eventually fail; this is inevitable. The tread on your tires will wear down over time and will, one day, need to be replaced; however, tires should function properly for a reasonable amount of time and all tires should function in a fairly similar fashion. Tires will generate consistent grip until their capacity has been exceeded, but you are generally given a judicious amount of warning up to this point by way of tire screeching.

Additionally, we expect the tire to withstand a great deal of weight we put on it. If a tire fails simply from transferring weight onto it, then the tire is not functioning adequately and is considered defective. We require tires to perform properly in varying weather conditions including very cold and extremely hot roads. If a tire does not function as expected in these foreseeable circumstances then it is likely that the tire is faulty and its inherent defect is the cause of the car accident.

What Happens When a Tire Fails?

The first thing that happens when a tire fails is that one corner of the vehicle automatically falls to the ground due to the almost instantaneous deflation. This shift in weight consequently compromises the grip of the remaining three tires. A large portion of steering a vehicle and being able to turn is reliant upon being able to transfer weight between the four wheels to effectively maneuver. Anytime one of the four tires fails, the entire car is put in danger and has a high probability of crashing.

Who Can Bring a Claim?

If one of the tires on your car failed and caused you to crash, then you and every person in your vehicle at the time of the accident has standing to file a personal injury claim. If the tire of another vehicle failed causing it to collide with you, then you would also have standing in this situation. Basically it does not matter whether it was your tire, or the tire of another car, if you were injured due to the defective tire you the court will allow you to bring a claim against the tire manufacturer.

Furthermore, if your loved one was killed due to a defective tire you may have standing to file a wrongful death lawsuit against the tire manufacturer. In this instance, you were not personally or directly injured by the faulty tire; however, as a result of your loved one’s death you have been indirectly injured by the manufacturer’s negligence and have a valid claim against the responsible company. It is important to note that when you file a wrongful death claim you are suing for your own personal damages, and not filing a suit on behalf of your deceased loved one. In contrast, a claim for survival damages is filed on behalf of your loved one for the suffering or financial loss they endured prior to succumbing to their injuries.

Who Should I Sue?

Houston Texas Defective Tire attorney
There are multiple people who may be responsible for your injuries. Who you can sue depends entirely upon what specifically caused the problem. Was the tire designed poorly? There is an n engineer who designed the tire. If the tire was defective in the design, meaning that it was not balanced correctly, it called for too little or too much air for the tire then it would be considered faulty and could cause a massive car or truck accident due to this defective design. Did the manufacturer negligently produce it? This might occur if the manufacturer used the wrong material in the construction of the tire.

Or did the manufacturer install the wrong tire for the specific car? For instance, a Prius requires a very different tire than a Ford F150. If the manufacturer installed a tire that does not properly fit the car or is not strong enough to hold the weight of the car, then it could explode while you are driving it or it could become separated from the car while it is in motion. Our attorneys can help assess your accident and inspect the tire to determine which part was defective and, in turn, who is responsible.

Unique Problems With SUVs

It seems like we most often hear about tire problems in SUVs. There are continually reports on the news about horrific accidents involving SUVs which were caused by defective tires. The reason for this is largely due to the theory of weight transfer. Remember, each tire greatly impacts the transfer of weight throughout the vehicle; when one tire is compromised the balance of the car is also compromised.

With SUVs sitting much higher off the ground than other vehicles, the transfer of weight has a much greater effect on the vehicle. SUVs are heavier, they sit higher above the ground and when for example, the front right tire explodes then the entire weight of the car is suddenly thrust to the front right side of the vehicle. This is another reason why many SUVs roll over in accidents such as this. They have such a great amount of force moving in that compromised direction and the vehicle is incapable of remaining balanced.

Must I Have Personally Purchased the Tire to Have Standing?

No. Under the theory of products liability, it is irrelevant whether you personally purchased the defective product. All that matters is whether you were injured by the faulty tire. Essentially, the benefit of the purchase extends to everyone who has been harmed by the defective tire. And as mentioned above, you do not even have to be physically injured in order to file a products liability claim against the tire manufacturer. If your loved one was wrongfully killed due to this defective product, you will have standing for a wrongful death claim based on product liability.

Investigating a Defective Tire Claim

The most important aspect of investigating defective tire claims is this: WE NEED THE TIRE. Without the actual tire which we believe to be defective, we will have no proof that the specific tire in question was defective and that defect is the proximate cause of your injuries. It is also for this reason that you need to contact us immediately. The sooner you contact Our Law Offices the faster we can locate the tire, preserve it as evidence, and test it for defects.

First, we will visually inspect the tire. Our attorneys are very experienced defective tires and it is sometimes very obvious just by looking at the tire that it was faulty. Sometimes by assessing the cosmetic issues of the tire we can either confirm the defect which we believe to have caused the accident and potentially eliminate other possibilities. After a visual inspection, if we still believe your accident was the result of a faulty tire, we will then have our engineers conduct tests and thoroughly analyze the tire. After they have methodically and systematically studied every part of the tire, our expert engineers will then render an official opinion. If the engineer’s findings are favorable to your claim we will then use their findings as foundational evidence to support your claim. At that point we will file a product liability lawsuit against the manufacturer and any other responsible parties in order to seek damages for your injuries.

After commencing a claim, our attorneys will then conduct a thorough investigation during discovery. In discovery we will request and carefully review internal documents from the tire manufacturer, tire engineers, and car manufacturer which may prove that the responsible party had knowledge of the tire’s defect yet still allowed it to be put on the market. We may find reports from when the tire was in the testing stage which establish that the tire did not perform adequately and therefore was defective in design. Or we may uncover documents from the manufacturer which show that the tire should have been constructed with one specific type of material, but through our expert engineer’s inspection we have proof that the faulty tire was constructed with inferior material proximately causing your accident.

If you have been injured or your loved one has been killed due to a car accident caused by a defective tire, Our Law Offices can help you. Through our experience we have learned many unique skills to investigating defective tires and proving your claim in court. We have a great deal of experience dealing with manufacturers and car companies which is invaluable when fighting for your compensation. We understand how these large companies work and we know how to best hold them accountable for their failures. Our Law Offices have helped hundreds of families injured in car accidents and we want to help you too. We know that you and your family are probably experiencing an incredibly difficult time right now and we are confident that we can help you reach a favorable outcome in your personally injury claim. If you believe that your car accident was caused by a defective tire, call Our Law Offices.

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Tier 1 Workers Comp Nonsubscriber more – gtg

Employer’s Duties
Employer’s Obligation to Provide PPE
Theories of Liability Used in Nonsubscriber Cases
All About OSHA
What is OSHA?
When Does OSHA Investigate?
What does OSHA Investigate?
OSHA Fines and Penalties
By Occupation
Safety Guidelines for Commercial Fishermen
Safety Guidelines for Product Line Workers
Safety Guidelines for Plumbers
Safety Guidelines for Concrete Workers
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The Employer’s obligation to provide PPE

Houston Personal Injury Lawyers » The Employer’s obligation to provide PPE

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Has the Failure of an Employer to Provide Personal Protective Equipment Resulted in the Serious Injury to You or the Death of Another?

Houston Work Injury Lawsuit Attorney
There are certain types of employment that warrant employee’s wearing special protective equipment so that they are not injured. When an employee is injured on the job, their employer may be held liable for these injuries. The amount of financial compensation that may be received for these injuries will turn on the specific circumstances of the accident that you were involved in. The Occupational Safety Health Administration requires employees to use personal protective equipment (PPE) under certain circumstances. If the employer is obligated to provide you with this equipment, then they are going to have to have some kind of program in place to ensure that their employees wear their protective gear and that they comply with OSHA requirements. Legally speaking, the question that naturally arises is whether or not it is your employer’s fault if you were not wearing personal protective equipment and you suffered an injury.

Depending on the type of occupation that you have and the hazards that you are exposed to will determine what you have to wear. Employer liability comes about when your employer fails to inform you of these dangers and provide you with the appropriate protective gear. If this occurs you may be able to assert employer negligence in order to recover for your losses. OSHA is an agency that is responsible for ensuring that employees are safe and work under nonhazardous conditions. Therefore, when an employer chooses to disregard these regulations they should be held liable for any ensuing injuries. This article will discuss the types of equipment often used and whether you may be capable of holding your employer liable based on their failure to provide you with the necessary protections.

What are the Employer’s Obligations?

Employers and employees alike should ensure that there is a safe work environment. However, there are certain obligations that are specifically imposed on employers. They are responsible for performing ‘hazard assessments’ of the work environments to evaluate any potential hazards. Secondly, they must identify what the necessary PPE is for their employees and make sure it is provided. They then have to train their employees in the using the equipment correctly. The maintenance of the protective equipment is also their responsibility and they must replace any damaged or worn out equipment. Lastly, they should continuously review and update their PPE program to make sure that it is running effectively and providing the protections it was intended to.

Types of Personal Protective Equipment

Eye and Face Protection
There are many hazards that can present serious dangers to the face and the eyes in certain types of occupations. If the employee happens to be exposed to chemical substances, acids or flying particles then they should have protection provided for their eyes and face. Common injuries that occur to this part of the body in the workplace are actually caused by improper eye protection that fails to guard the employee from these hazards. Consequentially, the employer must make sure that the protective face and eye equipment fits each worker properly and will protect him or her from these dangers.

The common types of eye and face protection that are used include goggles, face shields, welding shields, laser safety goggles and safety spectacles.

Ear Protection
When an employer is evaluating what types of hearing protection to provide to their employees, OSHA has a list of factors that may guide them in the right direction. They need to consider how long the employees are around this noise and the loudness of it. They also must look to whether or not the employees are moving between different work areas that have different noise levels and whether the noise is generated from a single source or a number of different sources.

The common types of ear protection that are used are earmuffs, pre-formed or molded earplugs and single-use earplugs.

Foot and Leg Protection
If employees are employed in an occupation where they are exposed to possible foot and leg injuries they should be required to wear protective footwear. This also applies if your job exposes you to poisonous materials or dangerous substances that could injure any exposed body part such as your foot or legs. Some scenarios where foot and leg protection would be necessary would be if you work with heavy objects that may roll onto your feet or work or sharp objects that could penetrate through the soles or tops of shoes. Moreover, if you are exposed to molten metal or work around hot wet surfaces or when electrical hazards exist.

Some examples of foot and leg protection are toe guards, safety shoes, combination foot and shin guards, and leggings.

Body Protection
Additional equipment should be work if there are inherent dangers of bodily injury associated with a certain profession that cannot be eliminated. Examples would be if you were exposed to temperature extremes, hazardous chemical et cetera. There are certain types of fabric that can protect you from these dangers such as treated wool and cotton, leather, dock, paper-like fiber, and rubberized fabrics.

Head Protection
Last but not least, protecting employees from suffering head injuries is incredibly important. This is because head injuries typically result in life-long injuries or even death. Hard hats are the most common type of personal protective equipment because there are a number of jobs that involve potential head injuries. Some of these jobs would be carpenters, plumbers, welders, electricians, and many more. There are several different types of hard hats, all of which provide excellent protections to ensure that employees do not suffer one of these traffic accidents.

Does Your Employer’s Negligence Matter?

Under Texas law if your employer subscribes to workers compensation you are barred from suing them for their negligence. Worker’s compensation is a state-regulated form of insurance that employer’s may purchase in order to limit their liability significantly against employee injuries on the job. Basically, if they fail to provide you with personal protective equipment you cannot sue them for their negligence. You may only recover against them under worker’s compensation.

Comparatively, if they are a nonsubscriber failing to provide you with this equipment will constitute negligence and that alone may be enough for you to win your case. A nonsubscriber is an employer who has chosen not to opt into state run worker’s compensation.

Houston work injury lawyer

All of these different elements can seem confusing at first glance, however with the right attorney in charge of your lawsuit you stand to receive a sizable sum in compensation for your loss. Work injuries can be both physically and financially crippling, especially in the event that you are not able to return to work and suffer lost wages. The attorneys at Our Law Offices have been representing clients all over the state of Texas in their personal injury lawsuits. We can guarantee you that we will work diligently on your case so that you are capable of receiving the maximum recovery you truly deserve. To discuss your lawsuit in greater detail and receive a free consultation contact Our Law Offices.

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Theories of Liability Against Non-subscribers

Houston Personal Injury Lawyers » Theories of Liability Against Non-subscribers

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Some of the Most Common Theories of Liability Which can be Used Against a Non-subscribing Employer

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Under Texas law, work injury cases asserted against employers who have elected to abstain from participating in Texas’ workers’ compensation program (often referred to as “non-subscribers”) are predicated upon claims that the employer caused their employee’s injuries through their negligence.

However, unlike injury cases caused by employers who have elected to participate in Texas’ workers’ compensation program (where there is an assumption that an employer must pay for an employee’s injuries), workers injured by a non-subscribing employer will need to prove that the employer is liable for their injuries because they acted negligently.

It’s important to note that although there are several different theories that can be asserted against a negligent employer, if your attorney can prove that they are even marginally liable for your injuries, you will likely be able to hold them liable for the full extent of your injuries.

Common Theories of Liability Against Non-subscribing Employers

Although a non-subscribing employer can be liable for injuries it causes its employees through a variety of negligence theories, we’ve identified the following as some of the more common ones.

Failure to Provide a Reasonably Safe Workplace
A central pillar of Texas employment law mandates all employers, regardless of industry, to provide their employees a “reasonably safe” working environment. However, defining what is “reasonably safe” may be a difficult endeavor, and many of the other theories discussed below are somewhat derivative of this simple duty.

A key component of providing a safe workplace may include providing employees adequately safe “personal protective equipment” (sometimes referred to as “PPE”). For example, an employer machine shop is probably required to provide all employees at risk of suffering eye injuries protective eye wear.

Failure to Adequately Train Employees
Similar to the duty to provide a safe workplace, Texas law requires employers to train employees so that they fulfill their job duties in a manner where they don’t injure themselves and are prevented from injuring coworkers. For example, companies involved in industries where lifting heavy objects is required must train their employees to lift heavy objects with appropriate technique and support.

Failure to Adequately Supervise Employees
The final common theory of liability we’ll discuss in this article is an employer’s duty to adequately supervise their employees. Within this requirement is the mandate to enforce safety policies appropriately. Thus, if you were injured as a result of your employer’s failure to adequately supervise one of your coworkers, you may be able to assert a workplace injury lawsuit against your employer to recover the compensation you need to recover from the injuries they negligently caused.

Our Experienced Workplace Accident Attorneys Can Help Apply These Theories of Liability (and more) to Your Accident Case

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As you may have already concluded, prevailing in lawsuits where even the most common theories of liability are asserted against non-subscribers likely requires the assistance of an experienced workplace accident attorney. Our attorneys have proudly represented Houston’s workplace injury victims for over twenty years, and may be able to put the skills and resources they’ve developed as a result to work for you.

If you would like information regarding how our firm may be able to help you recover the compensation for your injuries in a workplace injury case we invite you to give us a call any time, day or night.

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What is OSHA?

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What is the Occupational Safety and Health Administration and What is Their Purpose?

What is OSHA? “OSHA” stands for the Occupational Safety and Health Administration. As an agency of the United States federal government it’s goal is the safe and healthy working conditions of American workers. The Occupational Safety and Health Act, sometimes called the OSH Act, created OSHA in 1970. It’s headquarters are in Washington, DC, with about 2,300 employees and an annual budget of around $500 million.

If you have been injured in a workplace accident, you need a skilled accident attorney with experience dealing with OSHA and its regulations. Call Our Law Offices now to get help. Our staff is standing by to support you and your family.

OSHA Today

OSHA’s goals are to provide and require the following to and from employers and employees in order to create safer working conditions across the country.

Standards
Training
Outreach
Education
Assistance
Compliance
Protection

To meet its goals, OSHA sends compliance officers to work sites all over the country to inspect and report on violations of worker safety laws. Inspections are generally a) scheduled in advance at workplaces in which dangerous activities are taking place, or b) surprise inspections due to worker complaints or serious workplace incidents. OSHA also enforces several federal “whistle blower” laws which give employees and other insiders rights when they disclose misconduct in government and private enterprises. OSHA often works with the United States Department of Justice (DOJ) and the Environmental Protection Agency (EPA) in enforcement actions against responsible companies and parties.

Some specific jobs and workplaces are exempted from OSHA. This means that they are not subject to OSHA’s regulations. Examples are mines and quarries, airline flight crews and family farms. These exemptions exist because either the workplaces are regulated by other agencies (like mines and aircraft) or because compliance enforcement would not be efficient (like family farms).

Are you protected by OSHA regulations on your job? Can you make a complaint to OSHA about an injury you suffered while working? Should you? What are your rights? This is a complicated area of the law, one that requires experienced legal representation. Allow Our Law Offices to guide you through this unfamiliar and important process.

What About State Laws?

As in other areas of the law, federal laws regarding worker safety allow state laws to offer workers more protection, but not less. OSHA sets a floor that the states can build on but not go beneath.

OSHA Problems

People have been severely criticizing OSHA for decades. It has been argued that the agency simply does not do enough to protect workers with it’s 2,200 inspectors being responsible for over eight million work sites. Despite a significant budget and staff with powerful regulations on its side, OSHA has only secured a grand total of about a dozen criminal convictions in its more than 40 years of existence.

Furthermore, from 2000-2010, OSHA issued a total of four (4) safety and health standards. This was by far the smallest number issued in any decade of OSHA’s existence. Some have blamed the presidential administration in office during most of that time, which was apparently uninterested in passing or enforcing any meaningful regulations on businesses. During that time, an average of 14 workers a day were killed on work sites in the United States for a total of about 50,000 men and women over that 10-year period.

Our Houston Texas attorneys have won hundreds of work injury cases. Call us today to discuss your case.

Legal Assistance

To be sure, OSHA has a colossal job and is simply understaffed and under-budgeted to do it. If one of your loved ones is one of the approximately 5,000 people killed on the job each year in this country, help is available to your family.

If you are injured on the job, help is available to your family. Call the veteran legal professionals at Our Law Offices today.

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When Does OSHA Investigate an Accident Case?

Houston Personal Injury Lawyers » When Does OSHA Investigate an Accident Case?

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What Needs to Happen Before OSHA Starts an Investigation Into a Workplace Accident Causing Injury or Death?

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The Occupational Health and Safety Act of 1971 established the Occupational Health and Safety Administration (OSHA). OSHA is a federal agency that establishes and enforces workplace safety polices in an effort to prevent workplace accidents. The Occupational Safety and Health Act provided a responsibility to all employers to provide a safe work environment for their employees. OSHA is responsible for investigating work places that they suspect to be potentially dangerous or where a workplace injury has occurred. If conditions are found to exist at the workplace that do not fall within OSHA standards, the employer will likely be assessed a substantial penalty.

Employees often fear reporting their employer for providing dangerous or hazardous work conditions because of the potential backlash they may receive. OSHA has provided a remedy for this in two ways: first, potential dangerous conditions may be reported anonymously; secondly, an employer is prohibited from disciplining an employee in any way who reports potentially dangerous working conditions. If you have been injured in a work accident because you were working in an unsafe work environment you will need the representation of an experienced attorney that knows how to get around the “red tape” that can accompany such accidents.

When Does OSHA Investigate a Case?

OSHA conducts most workplace inspections without notice to an employer. The exception to the no notice requirement is when they are inspecting a place that may be potentially dangerous or harmful for the inspectors, in such situations OSHA will give 24 hours of notice to the employer. It would be impossible for OSHA to investigate every potentially dangerous work condition in the country. It is this reason that OSHA has set a standard in which they review cases based on priority. OSHA has four categories of priorities:

The case that receives the highest priority from OSHA is those where imminent danger is likely. Imminent danger exists in situations where danger is reasonably certain to occur and such danger could cause death or serious bodily injury.

OSHA gives second priority to the investigation of work facilities where an accident that recently occurred has caused death or hospitalization. In such situations an employer is required to contact OSHA within eight hours to report such an incident to determine if any OSHA guidelines were violated.

The third priority in OSHA investigations is when OSHA receives employee complaints about an unsafe working environment. OSHA gives employees the ability to request an inspection of a work environment when they feel that they may be subject to potential harm because of the environment. The reporting of an unsafe working condition will remain confidential if requested.

The fourth and last priority for OSHA inspectors are the inspections of specific high-risk areas and occupations. Some of the factors that are used to determine whether a workplace qualifies as a high-risk subject are: frequency of previous accidents, previous OSHA citation history, and random selections.

What Should I do if I am Injured in a Workplace Accident?

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If you were injured in a workplace accident you or your attorney may request that OSHA investigate your work environment. While OSHA’s primary purpose is to make the workplace safe and not to help you collect damages or prove fault in your case, a favorable investigation from OSHA can be beneficial for you.

The representation of an experienced attorney who knows how to use these findings for your advantage can be most beneficial in these situations. The attorneys at Our Law Offices have more than 20 years of experience in personal injury law and know how to couple an OSHA investigation with our own investigation efforts to provide you with the strongest possible case. We have helped thousands of clients recover the damages that they deserve and we can help you too. Call for your free consultation.

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Types of OSHA Workplace Investigations

Houston Personal Injury Lawyers » Types of OSHA Workplace Investigations

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What Types of Investigations Does OSHA Conduct Following a Workplace Injury or Fatality?

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The Occupational Safety and Health Administration (OSHA) is a federal agency established in 1971 by the Occupational Safety and Health Act. OSHA’s sole purpose is to assure American workers a safe and healthy workplace by developing and implementing workplace safety policies. Under the Occupational Safety and Health Act, all employers must provide their employees a workplace that is free from known dangers, and where dangerous work conditions are suspected or a workplace injury has occurred, OSHA may inspect the workplace or investigate the cause of the accident. OSHA uses the findings of their inspections and investigations to provide recommendations to the employer and to prescribe new regulations for an industry.

It is important to note that federal law prevents your employer from punishing you for reporting a dangerous workplace condition to OSHA, and that you may submit your request for an inspection or investigation anonymously. If you suspect that you were injured because your workplace was unsafe, you will likely benefit from the counsel and guidance provided by an attorney familiar with workplace injuries like those at Our Law Offices as an independent investigation is usually necessary for you to fully recover from your injuries.

Occupational Safety and Health Administration Inspections

If you suspect that your workplace has failed to take adequate safety precautions to protect you from hazardous materials or that it is not safety compliant, you or your attorney can file an anonymous complaint with OSHA which will trigger an investigation of the work site. During the inspection, you and/or your attorney may attend and privately voice your concerns with the OSHA investigator. If violations of regulations are found during the investigation, the inspector will normally issue a citation in addition to identifying regulations that have been violated.

Occupational Safety and Health Administration Investigations

If you’ve been injured in an accident at your workplace, you or your attorney may contact OSHA to have the cause of the accident investigated. OSHA routinely investigates accidents that result in all kinds of bodily injury, death, or were caused by a catastrophe. OSHA may utilize a variety of equipment and experts while investigating the cause of your injuries including advanced industry-specific technology and accident reconstruction experts. However, it’s important for you to know that OSHA’s primary purpose is to make your workplace safe, not to ensure that you are compensated for your injuries. Thus, if you’ve been injured at your workplace, you should quickly retain an experienced personal injury attorney, who has the resources to conduct an independent investigation on your behalf to gather the evidence necessary to secure compensation for your injuries.

First, OSHA can investigate your employer for injuries resulting from your employer’s implementation of improper operating procedures, or for providing no operating procedures for dangerous activities. Improper operating procedures involve requiring and providing employees proper personal safety equipment, and to keep the work area free from all known and foreseeable safety hazards.

Second, OSHA can investigate your employer for injuries resulting from your employer’s failure to purchase or maintain equipment that is designed to be safe and to maintain structures that are safe to occupy while you work. Injuries resulting from your employer’s failure to obtain and maintain safe equipment include injuries that result when the equipment malfunctions or where a structure collapses on you while you work.

Third, OSHA can investigate your employer for injuries resulting from their failure to maintain a work site that was safe to endure environmental conditions. For example, if your injuries are attributable to exposure to heavy rains, strong winds, or excessive heat or coldness (dehydration or frostbite).

You Need a Smart, Experienced Attorney on Your Side if You’ve Been Injured at the Workplace

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If you’ve been injured on the job and suspect that your employers actions or failure to act caused your injuries by creating an unsafe workplace, your claims against your employer will likely benefit from retaining an experienced personal injury attorney. You should be aware that OSHA is a governmental agency that represents the public as a whole, and not necessarily your individual needs and rights.

To ensure that your rights are fully represented you need a strong advocate to be your voice in recovering for injuries that resulted from an accident that happened at your workplace. The attorneys at Our Law Offices have over 20 years of experience in representing victims of workplace accidents and are available any time to provide a free consultation regarding your workplace injuries.

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How Can OSHA Help After a Workplace Accident?

Houston Personal Injury Lawyers » How Can OSHA Help After a Workplace Accident?

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What Legal Remedies and Citations Can the Occupational Safety and Health Administration Provide?

Did You Know?

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Our Houston work injury attorneys have won thousands of cases. Call us today to discuss your case.

If you’ve been injured on the job, you may have been referred to the Occupational Health and Safety Administration (OSHA) by a coworker and are wondering what role the agency plays in investigating your injuries and ensuring that similar accidents don’t happen again. OSHA is a federal agency that has been tasked with preventing workplace accidents by developing and implementing workplace safety policies. In implementing these policies, OSHA investigates accidents and performs workplace inspections at an employee’s request and also issues citations to employers that fail to follow guidelines.

As a general rule, OSHA may prescribe a wide range of remedies and citations against an employer in enforcing its policies. However, injured parties should note that OSHA is tasked with keeping work places safe, not with ensuring that you recover for your injuries. For that reason, retaining a personal injury attorney experienced with obtaining compensation for employees who are the victims of workplace injuries, like those at Our Law Offices, is essential to obtaining compensation for your injuries.

The Occupational Health and Safety Administration Can Issue a Wide Array of Citations Against Your Employer for Failing to Provide a Safe Workplace

OSHA requires its inspectors to issue citations to employers who violate its provisions. Citations must be issued promptly, be in writing, and describe the nature of the violation. It will also give your employer a date and time by which the violation must be cured. Moreover, a copy of the citation will be posted near the scene of the violation in an effort to warn co-workers of the dangerous condition.

Unfortunately, OSHA has failed to update the penalties it includes in its citations since the 1970s. Thus, although the seemingly tough penalties of monetary punishment and/or imprisonment are available, they are often woefully inadequate to truly get the attention of a large employer with extremely deep pockets. For example, the largest single fine OSHA can levy on an employer at once is $10,000 and is only issued in the limited circumstance where the employer knowingly makes false statements or representations to OSHA officials. Simply put, most employers often find paying OSHA’s fines more cost effective than making the changes necessary to bring the workplace into compliance with OSHA regulations and the penalties often don’t get the attention of serious or repeat violators. Thus, to ensure that your employer takes the steps necessary to make your workplace safe for you and your coworkers, a large monetary judgment through a personal injury lawsuit is often needed.

Retaining an Experienced Personal Injury Attorney Increases Your Chances of Obtaining an Adequate Remedy for Your Workplace Injuries

Although OSHA has prescribed a large variety of penalties against employers who do not maintain a safe work site, OSHA does not have authority to obtain penalties or judgments against your employer on your behalf. Thus, injuries resulting from your employer’s failure to maintain a safe workplace are generally grounded in personal injury law. As such, when you’re injured at the workplace you should retain a personal injury attorney. You shouldn’t wait for an OSHA report because those reports take 6-8 months to be written, unlike a police report that will only take a few days. Additionally, a personal injury attorney can get an independent investigation rolling for you which almost always provides more substantial evidence for your case than what OSHA’s reports provide. You should also note that OSHA will only investigate your employer and not third parties. In construction accidents in particular you should be aware that you need an experienced attorney to determine who was really at fault. OSHA’s report won’t include third party liability and thus an OSHA report alone often fails to provide the evidence necessary to obtain relief from all responsible parties.

You should also note that OSHA provides “whistle-blower” protection for employees. In other words, your employer is prevented from treating you adversely or otherwise punishing you for bringing your concerns to OSHA’s attention. OSHA specifically provides remedies for employees who are unlawfully prejudiced by attempting to keep their workplace safe, and may be entitled to reinstatement to their jobs, back pay for time missed, compensatory damages, including costs associated with asserting a lawsuit, and punitive damages in some cases. However, you should note that Texas’s unique workers compensation laws sometime make obtaining a judgment against your employer difficult. For these reasons, you should retain an attorney that is uniquely skilled in the diverse areas of law of workers compensation and personal injuries like those at Our Law Offices.

You Need an Experienced Personal Injury Attorney on Your Side if You’ve Been Injured at Your Workplace

If you’ve been injured on the job you likely have several questions and need representation by an experienced personal injury attorney. The attorneys at Our Law Offices have more than 20 years of experience in representing people injured at the workplace.

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Safety Guidelines for Commercial Fishermen

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Commercial Fisherman and the The National Institute for Occupational Safety and Health Administration

Did You Know?

Our Houston Maritime Accident attorneys have won thousands of cases. Call us today to discuss your case.

As a commercial fisherman you are often subjected to a number of dangers and hazardous conditions in your profession. For these reasons, there are certain health and safety regulations in existence to protect you in your employment and keep you safe from harm. If your employer happens to stray from these guidelines and place you in the position where you could be injured, there are legal ramifications. These regulations have been put in place for your protection and therefore your employer will be held liable for violating them in the event that you suffer some kind of injury. The attorneys at Our Law Offices have a reputable law practice that has handled a number of claims involving similar injuries under these conditions. If you have been injured, then you have a right to be compensated for whatever loss you may have incurred from the failure of your superiors to comply with the guidelines that have been imposed on them. This article will discuss those health and safety guidelines that have been created for your benefit, emphasizing the need for you to obtain competent legal representation to assist you in obtaining the maximum recovery possible.

What Organization is Responsible for Creating Guidelines for Commercial Fisherman Safety?

The National Institute for Occupation Safety and Health is the federal agency that is charged with the duty to ensure that safety regulations are followed in commercial fishing to prevent any work related injuries. Commercial fishing is one of the most dangerous occupations because of the exceedingly long hours and exposure to inclement weather conditions. This federal agency was created by the Occupational Safety and Health Act that was signed into law by President Nixon on December 29th of 1970. This entity is responsible for researching and gathering information on injuries that can occur in order to create appropriate standards for safety so that they may be readily enforceable.

What are the Health and Safety Guidelines that Protect Commercial Fishermen?

The National Institute for Occupational Safety has established a surveillance system in order to monitor any workplace fatalities or injuries that occur in the fishing industry in the United States. The data that was recorded for a time period of 10 years reported that there were 545 commercial fishermen that died while they were fishing in the United States. Of those deaths, more than 50% occurred following a disaster involving the shipping vessel that the fishermen were on. The remaining percentage were caused by fishermen either falling overboard, suffering an injury while on-board, or while diving.

Fishermen are recommended to take a marine safety class at least once during every 5-year period. Furthermore, they are told to do monthly drills to prepare for the possibility of the need to abandon ship, a flooding, fire, or when a man falls overboard. They are told to take heed of the weather forecasts in order to abstain from fishing in dangerous sea conditions and inspect the hull of the vessel and high water alarms to make sure that they’re fully intact. Comparatively, there are similar recommendations for the owners and operators of the vessel that parallel those of the fishermen. They are told to conduct monthly drills for the potential dangers of flooding, fire, abandoning ship and when a fisherman falls overboard. In addition, they are told to install a “Man Overboard” alarm system and install emergency stop devices on all machinery on-board the vessel to prevent injuries when fishermen are operating this machinery. Furthermore, they are charged with the duty of ensuring that all of the crew members have completed some marine safety training every five years.

Houston Maritime Accident Law Firm

When considering the guidelines that have been described, it is evident that there are considerable dangers that commercial fishermen are exposed to when engaging in their chosen profession. While you as a fisherman have certain duties to follow while on-board, the owner and operator of each vessel must make sure that you are not placed in an uncharacteristically dangerous environment. If you have been subjected to some hazard or unsafe working condition during your employment and have suffered an injury, you have a right to be compensated for your loss. These policies were put in effect to protect you from injuries that could be avoided if the conditions were not unreasonably hazardous. If you have suffered an injury, the attorneys at Our Law Offices can provide you with experienced legal representation to assist you in being compensated for whatever pain or financial expenditure you have been subjected to. The process involving these federal agencies can be both confusing and unfamiliar. In order to protect your cause of action and rights under the law you need to retain legal counsel to assist you. Contact the attorneys at Our Law Offices at to discuss your potential claim.

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Safety Guidelines for Production Line Workers

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Health and Safety Guidelines and Regulations to Prevent Injury to Production Line Workers

Production line workers form a crucial component of the workforce in the United States. Since the advent of the assembly line by Ford Motor Company a century ago, men and women have been asked to spend their workdays sitting or standing and sometimes both while doing production line work. Production line work can also be very hazardous to your health. Because of this accidents among production line workers are common.

If you have been injured while working on a production line, call Our Law Offices today. We represent workers from all walks of life injured in all kinds of ways. You have the right to be compensated for your production line injury: Our Law Offices enforces workers’ rights to compensation.

Training

Training is the most crucial component for work on production lines and for most all work for that matter. Although production line work can be relatively simple, it can also be often very complex as well. And, either way, workers need to be trained on the best ways to avoid injury. Whether serious injuries caused by the most common workplaces accidents – falls, electrocutions and blunt force traumas – or less serious injuries caused by repetitive motions, workers on production lines need proper training in order to reduce the risks of injury.

Standing

Workplaces that are designed well give workers opportunities to work in various different positions so as to reduce repetitive stress injuries. Standing is generally a comfortable position for most people, but as we all know standing for extended periods of time over the course of a day can be exhausting, and standing for extended periods of time over the course of years can take serious tolls on our bodies.

When standing on a production line for hours at a time, flooring and footwear both become very important. Employees need clean, solid, durable, non-slip, level flooring to stand on, and they need comfortable footwear in which to do that.

Sitting

Workers often sit at conveyor belts, workbenches, desks, tables, and other equipment during their entire shifts on production lines. One important thing to remember: those pieces of equipment should be adjustable so as to adapt to workers’ body types and workers’ tasks. Employers often try to save money by supplying their workers with the wrong kinds of equipment.

Standing and Sitting

Ideally, workers are given the opportunities to do their jobs either standing or sitting. This reduces fatigue on workers’ bodies and allows them the stretch and use different muscle groups throughout their shift.

If being forced to sit or stand – including being forced to sit or stand at cheap and unsuitable equipment – causes you to become injured, your employer has caused your injury and you have rights to financial compensation that Our Law Offices can enforce for your family and you.

Organization

Properly organizing a workers’ work space is also important. Workers need space to move around freely and at the same time tools and other items need to be close enough to allow workers easy access to them without injury.

Rest and Relaxation
Also important in terms of health and safety guidelines for production line workers is giving those workers opportunities to stretch, rest, relax and exercise. Repetitive motion and repetitive stress injuries are prevalent among workers who work on production lines. Workers should always be given ample opportunities to avoid these injuries by being given opportunities to rest and relax.

Production line jobs have formed the backbone of manufacturing work in this country for generations. However, If you have been injured doing this vital work, contact an attorney who can help you. Call Our Law Offices at right now.

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Health and Safety Guidelines for Plumbers

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Legal Regulations and Safety Issues in Place to Prevent Injuries to Plumbers

In order to make sure that plumbing systems in homes across the state of Texas are installed properly, plumbers are held to certain regulations to make sure that no injuries result from any plumbing system that is installed or repaired incorrectly. If your home or business has been placed in the unfortunate predicament where your plumbing system malfunctioned and an injury resulted, you have a cause of action to recover for whatever damage to persons and/or property has resulted. There are certain organizations that have been established in order to guarantee that plumbing systems are correctly installed and maintained. These organizations impose guidelines for plumbers to ensure that all safety and health precautions are taken heed of to prevent any accident from occurring. These guidelines are not necessarily common knowledge and that’s why it is to your benefit to have a products liability attorney on your side to decipher this type of information for you.

If you have been injured you have a right to be compensated for whatever loss was inflicted as a result of such injury. To increase the likelihood that you will receive compensation, you must retain legal counsel to litigate your claim and make sure that you are not treated unfairly. The attorneys at Our Law Offices have experience handling personal injury lawsuits of this nature and are fully equipped to handle your case and make sure that your interests are represented to the absolute best of our ability. This article will focus on the different types of health and safety guidelines that exist for plumbers and the legal remedies available to you for any injury or loss you may have suffered due to a failure to comply with such regulations.

What Organization Monitors the Activities of Plumbers?

There are different organizations in existence that serve to regulate the plumbing industry in Texas. One of the largest is an organization called the Texas State Board of Plumbing Examiners whose sole mission is to ensure that the health and safety of the citizens of the State of Texas is given the utmost attention and importance in the installation and inspection of plumbing systems. The reasoning behind this is that any contamination of drinking water or other water systems that may result from improperly installed plumbing systems can have catastrophic outcomes. However, the fact that accidents still occur illustrates the fact that these organizations are not as effective as they should be. This is one of several reasons why you need an attorney familiar with these kinds of claims to make sure that your interests are represented when you are injured.

What Types of Injuries can Occur From Improperly Installed/Inspected Plumbing Systems?

There are several harmful outcomes that can result from the improper installation of a plumbing system that can result in injury and in severe cases, even death. Some examples of accidents that can occur are explosions, poisonous fumes, hospital medical gas contamination and fires. Furthermore, diseases can result from being exposed to any contaminated water that was caused by some improper conduct with regard to plumbing systems. This is because plumbing systems can deliver diseases such as dysentery, cholera and typhoid fever. Furthermore, if toxic gases such as carbon monoxide are not properly vented through a plumbing system then they can be released as well. Another frightening negative result from these systems is if the medical gas systems installed by plumbers deliver some kind of gas to hospital patients, which can increase their sickness or even result in death.

What are the Safety/Health Regulations Imposed by the Texas State Board of Plumbing Examiners?

The Texas State Board of Plumbing Examiners requires every licensed plumber and plumber inspector to complete a minimum of six hours of continuing professional education every license year in order to renew his or her license. This regulation is required by law. If you discover that a plumber that has worked on your plumbing system was not certified then that is “prima facie” evidence of negligence on their part.

If a person has been injured in some way then they must file a complaint and a complaint investigator will determine what has occurred and impose sanctions. These notifications and sanctions can also be used as evidence of negligence if the information is used correctly and effectively by a skilled attorney.

If you have been injured through some fault of a plumber in their installation or inspection of your plumbing system you have an absolute legal right to be compensated for your loss. However, to preserve your right to legal redress, you need to retain an experienced lawyer who knows how to handle these cases and will fight for you. That is what we can offer you at Our Law Offices. To discuss your potential claims contact us.

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Safety Guidelines for Concrete Workers

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Health and Safety Guidelines to Prevent Injury to Cement and Concrete Workers

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Men and women who work with cement and concrete for a living are in harm’s way, from the materials in cement to the dangers of working on construction sites. This article explores health and safety guidelines for men and women who work with cement and concrete. If you have been injured due to working with these materials or injured due to any work accident or working condition, call the well-known and trial-tested injury lawyers at Our Law Offices today.

Use

In its broadest sense, cement simply means binding agent. Anything that binds or “cements” one thing to another is cement. In this sense of the word, countless men and women working in many types of industrial environments are exposed cements, both organic and artificial.

In its narrow sense, cement is a mixture of limestone, clay and gypsum. This kind of cement is frequently mixed with water and aggregate (gravel, sand and other crushed stones) to form concrete. Needless to say to anyone living in the developed world, cement and concrete are all around us. Cement and concrete are major ingredients in the roads and bridges we travel on, the floors we walk on, and the buildings we spend our lives in.

The Occupational Safety and Health Administration (OSHA) estimates that more than a quarter of a million people make their livings manufacturing and installing cement and concrete in the United States. Of those, OSHA estimates that around ten percent (25,000) will suffer serious job-related injuries or sicknesses in any given year, and of those injured each year around 40 will lose their lives on the job.

Injuries

Eye irritation caused by dusty conditions.
Nose and mouth irritation caused by dusty conditions.
Breathing difficulty, silicosis, bronchitis and even cancer caused by silica, an ingredient in cement.
Skin irritation and chemical burns caused by wet concrete.
Plus all the other kinds of injuries people suffer in industrial environments and on construction sites.

Health and Safety Guidelines

Those people exposed to cement and concrete dust should:
Wear respirators to limit the amount of dust they breathe in;
Wash the affected areas of their bodies very well with soap and water as soon as possible after exposure;
Wet concrete and cements before chipping, grinding and otherwise disturbing so as so keep dust levels down;
Eat and drink in areas that are not at all dusty in order to keep from swallowing cement dust and its component ingredients; and
Use filtered vacuums to clean dusty areas rather than dry brooms.
Those people working with or exposed to wet concrete should:
Wear proper, waterproof protective clothing, footwear and eye protection;
Make sure that clothing and footwear is free of wet concrete to prevent accidental exposures through the clothing;
Wash the contaminated area or areas of skin with cold water; and
Wash eyes contaminated with wet concrete with water for at least 10 minutes and then seek immediate medical attention.
And all workers in construction and industrial environments should generally:
Receive proper training on how to use equipment, tools, machines, respirators, safety equipment, et cetera;
Wear protective clothing, including respirators, when exposed to dusty conditions;
Wear ear and eye protection, when necessary;
Communicate with other workers so as to reduce everyone’s risk of injury; and

Remedies

Houston Texas Work Injury Law Firm
Injured on the job? You have rights. Hurt by cement or concrete? The law is on your side; you need the right lawyer to enforce your rights to be made whole again. Trust Our Law Offices to bring your legal claim correctly, fairly and in a timely manner.

Call us today if you or a loved one has been hurt due to contact with cement and concrete, or hurt for any reason due to someone else’s carelessness or neglect. Our Law Offices’ staff members are available to answer your questions today, in English and Spanish. You can reach our staff members by phone.

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