Work Accidents

Work Accidents

On average, 3 million private industry workers and 6 million government workers are injured each year in a worksite injury. In 2013 alone, 4,405 workers were killed on the job. These injuries can cause the employee to miss multiple days, which results in lost wages, and incur medical bills that can be costly. A workplace injury is any accident that occurs when a worker is performing his or her job activities, regardless of the industry type.

Our legal team represents construction workers, tradesmen, and any employee who has experienced an accident at work.

Common Causes of Workplace Injury

Worksite injuries can occur in any industry. Some of the most common causes of workplace injury are:

  • Unsafe working conditions
  • Fires and explosions
  • Scaffolding accidents
  • Crane accidents
  • Lack of safety equipment
  • Lack of training
  • Power tool accidents
  • Exposure to chemicals
  • Improper supervision
  • Electrical shock accidents
  • Trip-and-fall accidents
  • Lack of appropriate or necessary warnings
  • Machine accidents
What Can You Do?
  1. There is a common misconception that an employee can only file a workers’ compensation claim. In Texas, employers are not required to carry worker’s compensation insurance. If an employer chooses to carry another form of work injury insurance, they potentially open themselves up to a personal injury lawsuit. This allows any injured employees to file a nonsubscriber claim.

    There also may be more than one cause or contributor to the workplace injury. For example, a defective piece of equipment may be the cause of the worksite injury. An experienced attorney will be able to investigate the facts of a case and determine that the injury could be a defective product case, which would fall under product liability law. This type of an injury would allow you to seek compensation from a 3rd party manufacturer.

Take action today

If you or a loved one has been injured in a worksite injury, contact Powers Taylor. You deserve to be compensated for any losses or damages. Our attorneys have experience handling all types of personal injury cases. Contact us today for a free consultation. All calls are confidential.

Defective Products Claims

The US Product Safety Commission estimates that there were over 14 million injuries due to defective products in 2013. These products can include toys, appliances, electrical wiring, power tools, loading and construction equipment, and flammable materials. There are three different types of product liability:
Defectively Manufactured Products

A defectively manufactured product is one that is flawed because of some error that occurs in the process of the product being made. This can occur if there are multiple factories that the product is being produced at or if the product is produced in multiple batches. When this type of defect occurs there are normally a limited number of products that have the defect. The manufacturer is held liable for a defectively manufactured product. Some examples of defectively manufactured products are a swing set with cracked chains holding up the swings or a pharmaceutical drug that has incorrect amounts of active ingredient.

Defectively Designed Products

A defectively designed product is one where the defect occurs in the product’s plan or blueprint. This can occur if there is not a proper amount of research done in the planning. This occurs when every product manufactured has the same defect. Some examples of a defectively designed product are a car with a gas tank placed toward the back of the car where it is likely to ignite or a child’s toy that is designed with small parts that could be ingested by the child.

Products With Insufficient Warnings or Instructions

Products with insufficient warnings are also called marketing defects. This occurs when a product that is dangerous in a way that is not obvious or requires special precautions fails to post adequate warnings on the product or packaging. An example could be a prescription drug that does not contain a full list of side effects or other medications it should not be combined with.

There is no one law governing defective products in the United States. Product liability cases in Texas are considered in light of state negligence, breach of warranty, and strict liability laws. Any number of companies or individuals could be found guilty in a defective product suit, including the manufacturer, the person who constructed or installed the product, wholesale distributors, and retailers or anyone who helped to distribute the product and had sufficient reason to believe it was unsafe. The complexity of product liability laws and the difficulty in proving exactly who was responsible require attorneys with years of experience in this legal sphere.

Contact Powers Taylor today

Defective products can cause serious injuries that result in high medical bills, pain and suffering, and time off from work. When you have been injured because of manufacturer or retailer negligence, you should not have to pay for your injuries. Contact an experienced attorney today to see what your options may be. At Powers Taylor, we are committed to our clients and getting them the justice they deserve. If you or a loved one has been injured by a defective product contact us today for a free consultation. All calls are kept confidential.

Unsafe Premises & Falls

Each year, the leading cause of non-fatal medically treated injuries in the United States is falls. A slip or fall case occurs when a property owner or custodian is negligent in the upkeep, repair, or maintenance of the property where the injury happened. A slip or fall is normally considered a premises liability case.

Statistics
  • Slip and fall injuries are the most frequently reported work accidents accounting for 25% of those reported
  • Falls are the primary cause of lost time at work
  • 50% of all accidental deaths at home are caused by falls
  • Most falls occur on the same level, not from an elevated surface such as a ladder
  • 8 million emergency room visits each year are due to slips, trips, or falls
  • The most common cause of a traumatic brain injury is a fall
Slip and Fall Cases
  • In order for a slip or fall lawsuit to be possible, there are a couple requirements that must be met.

    • The accident must occur on the property of a third party.
    • The third party must be found to be negligent, meaning that the accident occurred due to a dangerously placed object, a defective surface, or a foreign or slippery substance. A business owner or operator is required to maintain reasonably safe conditions at their place of business. If an unsafe condition occurs, such as a slick surface, the business owner is required to warn the public of the danger.

    If you are injured due to an unsafe condition in a place of business due to an unmarked hazard, you may have a slip and fall case.

Take Action Today

If you or a loved one has been seriously injured by a slip or fall, contact Powers Taylor today. Our attorneys have experience with all types of personal injury cases and will fight to get you the compensation you deserve. Contact us today for a free consultation. All calls are confidential.

Defective Tools and Machines Accidents

Working with heavy tools and machinery can be dangerous.  These industrial machines often work at high speeds, exert incredible pressure, or involve extreme temperatures.  When something goes wrong, a machine operator may suffer a debilitating injury.

Many injured workers simply presume that their only recourse is to file a workers’ compensation claim.  In many cases, however, the machinist can pursue an additional claim against the manufacturer of the machinery.  Our attorneys can help you to evaluate whether the machine manufacturer may have contributed to the injury by failing to incorporate the appropriate safeguards into the machine’s design.  Similarly, if your employer contracts with another company to maintain or repair its equipment, and you were injured as a result of faulty maintenance or inadequate repairs, you may have a claim against the maintenance contractor.  If you have been injured by an industrial saw, drill press, conveyor belt, air compressor, printing press, belt grinder, power hammer, or other similar equipment, give us a call.

Similarly, industrial workers are often injured in accidents while operating forklifts, backhoes, or tractors.  The workers are entitled to workers’ compensation benefits for such injuries, but they may also be able to pursue an additional claim based on the defective design of the vehicle they were operating.  The injured worker may also be able to bring claims based on inadequate warnings or based upon negligent maintenance of the vehicle, if the maintenance was performed by a contractor outside of the company.

Dram Shop Liability

How It Began

In the late 80s, a man named Larry Poole was the victim of a fatal drunk driving accident. The drunk driver hit Mr. Poole, but had no recollection of the event. Prior to the accident the driver had been drinking at an El Chico restaurant. It was later determined that the driver had a BAC that was more than two times the legal limit of 0.08% and was “black-out” drunk. The family of Mr. Poole sued the El Chico restaurant claiming that serving the driver to the point of black-out intoxication was an act of negligence. This lawsuit created the foundation for the Dram Shop Act to be created.

Dram Shop 101

In 1987 the Texas legislature passed the Texas Dram Shop Act. The name Dram Shop Act comes from the 18th Century English drinking establishments that would sell gin by the spoonful. These establishments were called drams. The Texas Dram Shop Act was created in response to the El Chico v. Poole lawsuit and helped to provide a more clear understanding of the bar and restaurant’s liability.

The Dram Shop Act states that a bar or restaurant can only be held liable if:

  1. The bar or restaurant provided at least the last drink
  2. The bar or restaurant provided the drink to the person who caused the accident
  3. The person who caused the accident must have already consumed enough alcohol so that any reasonable person would have been able to tell that he or she was intoxicated

While the Dram Shop Act provides clear guidelines, it is up to the attorney to prove the bar or restaurant should be held liable.

1. The bar or restaurant provided at least the last drink
  • The attorney is responsible for proving that the bar or restaurant provided the person that caused the accident with alcohol. While this may seem like a simple task, but it can become difficult if the person responsible was paying in cash or had other people buy their drinks.

2. The bar or restaurant provided the drink to the person who caused the accident
  • The attorney is responsible for proving that your damages were the result of the bartenders serving the person who caused your accident. This can be difficult if there were a few hours that passed between the last drink and the accident or if the person that caused the accident visited multiple bars or restaurants.

3. The person who caused the accident must have already consumed enough alcohol so that any reasonable person would have been able to tell that he or she was intoxicated

Obvious intoxication means that it was noticeable that the behavior of the person drinking could lead to danger to themselves or others OR the employees of the bar knew or should have known the amount of alcohol they served the person. This is different from visible intoxication where you can physically see how drunk a person was.

Take action today

While the Dram Shop Act was created to help hold the restaurants and bars responsible for their actions, it can be difficult to successfully prove they are at fault. When searching for an attorney for a drunk driving case it is important to find one who is familiar with this type of case and has experience gathering the necessary evidence. At Powers Taylor we are proud to put our client’s needs first. Contact the experienced attorneys at Powers Taylor today for a free consultation. All calls are confidential.

Oilfield & Oil Rig Accidents

Oilfield and Oil Rig Accidents Constitute a Highly Complex Branch of Personal Injury Law

Working on an oilfield or oil rig is one of the most dangerous jobs in the country. Company employees typically work 8 to 12 hours a day using heavy equipment and highly flammable materials. With the increasing prices of foreign oil, domestic companies have stepped up production, and safety measures are sometimes disregarded. If you or a loved one has been injured on the job in an oilfield or oil rig, you need a highly experienced lawyer who has the knowledge and experience to handle this type of lawsuit. Unlike regular workplace injury cases, oilfield and oil rig injuries are governed by maritime law. Worker’s Compensation, liability and negligence laws, and the Jones Act also play a role in determining the outcome of such cases. In addition, because there are usually several companies working on an oil site with multiple people in authority, there are a number of third parties who could be found fully or partially responsible for an oilfield or oil rig accident.  Because oilfield and oil rig cases are so involved, it is vital that you contact an attorney with plenty of experience regarding this form of personal injury case.

Powers Taylor Has the Knowledge and Experience You Need to Win Your Injury Lawsuit

The injury lawyers at Powers Taylor have the knowledge and experience necessary to effectively handle your oilfield or oil rig case. We are familiar with maritime law and the various laws regarding Worker’s Compensation, workplace injury, and the oil industry. If you or your loved one has been injured on a Texas oilfield or oil rig, call Powers Taylor for a free consultation. We will go over all the details of your case and discuss your legal rights and options. If you have a viable claim, we will aggressively defend your claim in court or litigation until you get the money you deserve and negligent parties are called to task. You can reach our Dallas office at (214) 239-8900.

If you believe that you or a loved one has been the victim of a workplace accident, it is important that you speak to an attorney immediately. Know your rights.  Call Powers Taylor today to speak with an experienced malpractice attorney. All calls are confidential.

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