What You Didn’t Know About Lawsuits and Defective Products

Product liability has gained a lot of attention in the press recently due to defective auto parts. Most of us have heard about General Motors’ faulty ignition switch or Takata’s defective airbag inflators. People have filed lawsuits against GM and Takata after suffering injuries or losing loved ones. In cases involving defective products, consumers sometimes file class action lawsuits.Class action cases involve many people being represented in a lawsuit against the same defendant. This gives consumers an advantage because they are pooling their claims together against a large entity with vast resources. If the verdict or settlement is in favor of the plaintiffs who filed the case, each member of the class can receive a reward.

What Are the Criteria to File Class Action Lawsuits in Texas?

The criteria set by Civil Procedure Rule 42 must be met before class action lawsuits can be filed in Texas. Rule 42 requires the four following criteria:

• Numerosity: There must be many members of a proposed class action lawsuit, too many to name as parties in a single lawsuit.

• Common questions of law and fact: The questions of law and fact must be common to the members of the class.

• Typicality: This criterion is met when the named plaintiff, who is representing the class, has a claim that is typical across the board for other class members.

• Adequate representation: The named plaintiff protect the interests of the entire class.

There are also other options for plaintiffs who are seeking damages against negligent parties. In fact, multidistrict litigation (MDL cases) and class action lawsuits are frequently confused. MDL may be more beneficial than class actions depending on the circumstances.

What Are the Differences Between Class Action Lawsuits and MDL?

In a class action lawsuit, there is one courtroom, one judge and one trial from the very start. MDL works quite differently. In MDL, multiple plaintiffs file their cases in their home states, and then the cases are later grouped together under a single court. After the cases are sent to the same court, the judge will make preliminary findings such as discovery orders and liability before sending the cases back to their respective home states. After the cases get sent back to their home states, the defendant can negotiate settlements or call for trials.For example, many cases against drug companies are not class action, but MDL. This is because multiple people file separate cases against the same company. We can use the cancer-fighting drug Taxotere as an example. Lawsuits have been filed all over the country, and now plaintiffs’ lawyers are urging for the 33 separate cases to be moved to the U.S. District Court for the Eastern District of Louisiana.On the other hand, Toyota was sued in a class action lawsuit in 2010 over faulty brakes. According to the lawsuit, Toyota had failed to warn consumers about a defect with the antilock braking systems for Prius and Lexus vehicles. Anyone who had suffered economic losses (decreased vehicle value or accident damages) caused by the brakes were invited to receive part of the settlement.There may be many options to hold negligent businesses accountable for causing injuries or death. If you have been injured by a defective product or business, it would be wise to call an attorney to discuss possible legal options.The Texas personal injury attorneys at Mike Love & Associates, LLC can help people and families who have been harmed by negligent businesses.

The Dos and Don’ts of Going Hunting in Texas

Are you ready for hunting season? Within months, thousands of Texans will be hunting dove, deer, ducks and other critters. Like many activities we enjoy, hunting requires a great deal of preparation to stay safe. Having the right supplies and training beforehand can help avoid injuries or worse. Going hunting in Texas requires a strict adherence to certain regulations. There are also certain activities you should never do while hunting.

What to Do if You Are Going Hunting in Texas

Supplies: Make sure you have the right supplies before setting out on your trip. It goes without saying that food and water are essential.Communications and GPS equipment: Bring a mobile phone and seal it in a waterproof container. If you are not far from civilization, you may have a chance to pick up a signal from a cell tower and call for help should an emergency arise. This is not going to be an option for everyone, and there are devices made for sending text messages via satellite (such as ROM Communications’ Text Anywhere or DeLorme inReach devices). A GPS device is also a must-have. Make sure these devices are fully charged before setting out on your trip. An extra, rechargeable battery pack can be a life-saver.Survival equipment: If you are venturing far out into the country, bring jackets and rain gear. Tools like knives, ropes, lighters and matches are useful. Wear bright colors to make yourself and others stand out (bright orange is required by law in some cases).Firearms training: If you are bringing someone who has no experience with firearms, it is important they understand basic safety. Shooting outside of the safe zone-of-fire can be a deadly mistake. People new to hunting should know to never point a weapon at another person, even if it is not loaded. Firearms safety is a must for both new and experienced hunters.Complete a hunting education course: Hunters born after September 2^nd, 1971, are required to take a hunting class. However, hunters who have deferred or not taken this course can be accompanied by someone with a Texas hunting license.Landowners may have their own rules: If you are hunting on someone else’s property, they may stipulate their own rules in addition to rules set by the Texas Parks and Wildlife Department and county. Follow these rules.Bring proper identification and licensing material: Never forget your hunting and driver’s license. If you don’t have a driver’s license, bring a personal identification certificate issued by Texas or another state. Depending on what you are hunting, you will need species-specific endorsements. Some species require a trapping license. Nuisance animals may not require a hunting license.

What Not to Do If You Are Going Hunting in Texas

Texas does have hunting regulations that should always be followed. In addition, there are certain activities that should not be done while hunting.Hunt out of season: Hunt species during the proper seasons. You can find a listing of the seasons for each species and county by visiting the TPWD website.Hunt in restricted areas: There are numerous regulations stipulating where you can and cannot hunt, such as wildlife sanctuaries. Do not hunt in restricted areas. You can see a listing of restrictions by visiting the TPWD website.Use illegal hunting methods: You must use specific weapons for certain species. For example, you cannot go duck hunting with a shotgun that holds more than three rounds of ammunition. Certain times of the year may also require specific weapons for certain species.Drink alcohol: You should never drink alcohol and then go use firearms or bows, no matter what the activity might be. If you are hunting, wait until after you are finished and ready to set up camp for the night or have returned home.If you are going hunting this season, remember that preparation is essential. Hunting is a fun activity that requires a great deal of responsibility.Also remember that landowners have a duty to maintain a safe hunting environment. In some cases, accidents may occur on these lands due to unsafe conditions or rules and hunters may have legal options.The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage you to have fun this hunting season. Stay safe!

Is Your Family Safe from These Public and Private Swimming Pool Dangers?

Swimming pools provide our community with a fun, recreational activity during the warm summer and fall months. What you may not realize is that swimming pools can be unsafe for surprising reasons. For example, untreated swimming pools during hot summer months can contain Naegleria fowleri, also known as the brain-eating amoeba.Accidents can happen at public or private swimming pools, and there are different safety tips depending on which you decide to use. However, tips like ‘no running’ or teaching your children to swim are universal for both public and private pools. Running can easily lead to a slip and fall accident. Parents should also obtain a CPR certification.

Safety Tips for Avoiding Public Swimming Pool Dangers

Stay vigilant: Public swimming pools are likely to be packed, meaning your children may require extra supervision. Drownings can happen quickly and with little warning. It also helps to make sure the pool you are using has a trained lifeguard, although that is not a substitution for parental supervision.Be wary of drain entrapments: By law, public swimming pools are required to use compliant drain covers and other equipment to prevent deaths caused by drain entrapments. This does not mean regulations are always going to being followed. Flat or broken drain covers are a sign the pool is not compliant with regulations stipulated in the Virginia Graeme Baker Pool & Spa Safety Act (P&SS Act). The P&SS Act was passed in remembrance of a young girl who died after becoming caught in a public pool drain. To maximize safety, make sure children are playing away from drains.Some public pools are unsanitary or unsafe: This is not an opinion, but a fact based on statistics from a study conducted by the Centers for Disease Control (CDC). According to the CDC, eight out of ten public pools were in violation of at least one safety rule. In addition, one in eight of these violations required pools to temporarily shut down. These findings were based on 84,187 inspections of 48,632 public pools, many of which were in Texas.

Tips for Avoiding Private Swimming Pool Dangers

Install barriers around pools and spas: According to the Consumer Product Safety Commission (CPSC), private pools should have four-foot fencing. This can help keep children from climbing the fence and possibly drowning. Pools can also use alarms to alert parents when children are near pools unsupervised. The CPSC also claims parents should regularly maintain pool and spa covers.Don’t leave children unattended: Leaving children unattended for even a few minutes can end in tragedy. Before leaving the pool to answer your doorbell or use the bathroom, be sure your children are looked after until you get back.Make sure you have compliant drain covers: Private pools can also have dangerous drains. You can find out more about compliant drain covers from the CPSC.Take steps to prevent electrical shock: A licensed electrician can install pool and spa lights and other equipment in accordance with the National Electric Code. Electricians can inspect underwater lights to ensure they are safe for use. Keep electronics with wires ten feet away from the pool. Never use damaged electrical cords.Texas has another two months of warm weather. If you are going to enjoy swimming, these tips may help you avoid the causes of common accidents.Public and private pool owners have a duty to care for the safety of guests. When this duty is neglected, pool owners might be responsible for accidents.The Texas personal injury attorneys at Mike Love & Associates, LLC, wish you a fun and safe summer and fall.

Must-Know Facts About Lawn Mower Safety

More than 274,000 Americans were treated for lawn mower injuries last year. Although we depend on lawn mowers to keep our property well-maintained, they can also jeopardize our safety. Adults and children can suffer broken bones and even amputations from lawn mower injuries. There are certain aspects of lawn mower safety that should be followed to reduce the risk of being harmed.Wear the proper attire: Never mow the lawn barefoot or while wearing sandals. Lawn mower blades can spin at 200 miles per hour. For this reason, lawn mower blades can put people at risk for amputations and deep lacerations. Wear long pants and hard-toed shoes while mowing the lawn to protect yourself from the fast-moving blades. Also wear eye protection to shield yourself from fast-moving debris.Clear the lawn before mowing: Pieces of debris hit by lawn mower blades are turned into missiles. Rocks, toys, sticks and other debris can travel fast enough to cause catastrophic to bystanders. Never remove guards and deflectors on lawn mowers, as they exist to reduce the risk of injuries caused by debris.Keep children inside while mowing the lawn: A lawn mower accident last month involving a Texas boy serves as an important reminder to keep children inside while mowing. The 4-year-old boy was backed over while his father was mowing the lawn. Although the boy survived, he required several surgeries to his foot. Don’t take a chance. Be sure to keep children and small pets indoors.Don’t add fuel while the engine is hot: Check fuel levels before mowing the lawn. Exhaust from lawn mowers can rise above 240 degrees, enough to cause third-degree burns. If you must, let the engine cool before adding more gasoline.Don’t let small children use a lawnmower: According to the American Academy of Pediatrics, only children 12 and over should use push lawn mowers. In addition, children should be 16 and older before using riding lawn mowers.Be careful while performing maintenance: Always make sure your lawn mower is turned off before performing maintenance. Maintenance is an important aspect of lawn mower safety and should not be neglected.Check for recalls: Lawn mowers are occasionally recalled for safety defects. For example, John Deere recently recalled 5,500 of its lawn and garden tractors for a defect that put bystanders at risk while the mower was in reverse. Visit the Consumer Product Safety Commission’s website to make sure you don’t own a recalled model.Be wary of electrocution hazards: If you are using an electric mower with an extension cord, never operate over water or wet grass.

On the Importance of Teaching Children Lawn Mower Safety

It is extremely important to practice lawn mower safety, because one mistake can have permanent consequences. A 12-year-old boy in North Carolina recently appeared on the news as a strong proponent of lawn mower safety. Eight years ago, the boy lost his leg in a lawn mower accident. He made some good points when he said the most people think of mowing the lawn as a chore, but don’t consider that it is also a dangerous activity.If parents are going to require their children to mow the lawn as a weekly chore, it is important to go over the basics of lawn mower safety to avoid accidents.The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage a strong commitment to personal safety.

Dangerous Dogs: Can Owners Be Held Accountable for Bites?

Dog bites are relatively common injuries that should always be taken seriously. According to the Centers for Disease Control, there are 4.5 million dog bites each year in the United States. About one in five of these bites will cause infections.Why do dogs bite innocent people? In many cases, dogs bite because they have negligent owners. Owners may allow dogs to wander around without leashes or treat them in ways that lead to hostile behaviors. For these reasons, if you have been bitten by a dog, you may have legal options. Under Texas law, there are scenarios where people injured by dog bites can hold owners accountable.In Marshall v. Ranne, the Texas Supreme Court established criteria for civil litigation involving animal bites. Some call the criteria used by the court in this case the ‘one bite rule’. What are these criteria?

• Dogs must have a history of aggressive behavior. An owner must also be aware of these aggressive tendencies. This can include prior bites, attempts to bite or other aggressive behaviors.

• An owner has failed to restrain the aggressive dog (such as by allowing them to roam neighborhoods freely).

Under these circumstances, if a dog bite occurs, it is possible the owner could be held liable. Other aggressive acts by dogs are also covered by this rule, such as knocking people to the ground and causing injuries.An additional criteria that is often very important in dog bite cases is the breed of the dog involved in the attack. While Texas law does not yet apply strict liability to owners of aggressive breeds, such as Pit Bulls, the strength and aggressive nature of the dog’s breed can still be used to establish whether or not the owner took reasonable steps to restrain the dog.  Furthermore, if your city has an ordinance requiring all dogs to be kept on a leash or in a pen at all times, the mere fact that the dog was allowed to roam in violation of the law will establish the negligence on the owner.

Dog Bites and Texas Law: When Does the One Bite Rule Apply?

We can use a hypothetical example to explain a situation where a dog owner may be held liable for injuries.Let’s say that you are going for a morning jog through your neighborhood. As you are jogging, you notice your neighbor’s dog, who you jokingly refer to as evil incarnate, chasing you while barking ferociously and baring its teeth. Your jog turns into a full sprint, but you find yourself unable to outrun the snarling animal. It catches up to you and delivers a strong bite to your lower left calf. Another neighbor comes out to your aid, scaring the dog away and sending it running back home. You spend the next week in the hospital recovering from a serious infection caused by the bite.It turns out this is not the first time this dog has bitten someone. Four months ago, it bit a friend of the owner. The owner also made no attempts to restrain the dog, despite knowing its aggressive tendencies. According to the criteria of the one bite rule, you would have a case to make a claim and/or file a lawsuit.An attorney could review medical records from your treatment for the dog bite, the behavioral history of the dog and witness statements to help establish your case.What our hypothetical example does not cover is many dog bites involve children. Dog bites in children can cause severe physical disfigurement and long-lasting emotional distress. Children may also have weaker immune systems, making them more prone to infections from bites. If you or a loved one has been bitten and seriously injured by an aggressive dog, contacting an attorney can help you explore legal options.The Texas personal injury attorneys at Mike Love & Associates, LLC, will help injured victims of negligence seek justice.