Clark, Love & Hutson, GP

Houston Texas Plaintiff Litigation Law Firm

Can Texas commercial property owners be held liable for spills?

A spill may be a nuisance if it is in your own kitchen, but a spill on a grocery store floor, ripped carpeting at a restaurant, or a broken step at a hotel could spell disaster if a patron at one of these places falls and injures him or herself. Commercial property owners can sometimes be held liable for the damages a patron suffers on their premises, but Texas residents should note that certain elements must be met to hold a commercial property owner liable in a premises liability lawsuit.

When it comes to commercial property, the owner of the property or the business must meet one of the following elements in order to be held liable for a slip-and-fall accident. Either the owner or employee must have caused the floor to become slippery or dangerous, the owner or employee must have known of the dangerous surface but failed to warn others of it or remedy it, or the owner or employee should have known that the surface posed a danger to patrons because a "reasonable" person in their circumstances would have found out about the danger and remedied it.

Defective medical device litigation may stem from lack of recalls

People in Texas who have a medical condition that can only be relieved through the implantation of a medical device, such as a stent or a hip implant, may be under the impression that the items placed in their bodies are safe and will have a positive impact on their health. Unfortunately, this is not always the case as defective medical devices sometimes slip through the cracks, harming patients. This may be especially concerning if it is found that companies manufacturing these devices may be avoiding recalling the device.

According to a new Indiana University study, instead of recalling defective products, medical device firm managers are depending on doctors to identify defects and thus cease using the products on patients. Some managers also were reluctant to issue a recall until the underlying cause of the problem is identified in order to lower the expenses related to recalling a defective medical device. Currently, the U.S. Food and Drug Administration does not have specific policies on recalling defective medical devices, leaving these recalls essentially up to the judgment of the businesses themselves.

Documentary reveals need for defective medical device litigation

Some medical devices are touted as being better alternatives to traditional measures used to treat various medical conditions. However, are such claims too good to be true? According to a new documentary, "The Bleeding Edge," people in Texas and throughout the United States should be skeptical of the medical device industry.

For example, some medical devices like metal hip implants or transvaginal mesh were once seen as necessary to treat various conditions. However, physicians would even recommend elective medical devices, such as an intrauterine device (IUD) or breast implants. The problem is that medical devices often go unregulated and often are not sufficiently tested before being used on patients. Unfortunately, this means defective medical devices are slipping through the cracks causing patients to suffer worsened conditions or even death.

Absent FDA oversight, what options remain?

Here are a few numbers to ponder; 401(k), 501c(3), 1099. And let's not forget Social Security Numbers, driver's license numbers, and credit card and personal identification numbers. As much as we would like to think that our individuality has not been reduced to digits, there seems to be a lot of evidence to the contrary. Here's another number worth knowing. It's 510(k).

Eroding safety

Texas sues Purdue Pharma over opioid misrepresentations

Our nation is caught in the grip of an opioid epidemic, and the state of Texas is no exception. In 2017, a health care consulting company, Castlight Health, ranked the leading 25 cities in the United States in opioid abuse. Two of these cities were in Texas -- Longview and Texarkana.

Many people who become addicted to opioid drugs such as Oxycontin and Vicodin were initially legally prescribed them. Later on, as they became addicted, some would move on to harder drugs, including heroin. According to one report, 175 individuals lose their lives every day due to overdosing on opioid drugs.

Wrong-way drunk driving a serious issue in Houston

Drunk driving in combination with wrong-way driving can lead to catastrophic events should a collision occur. Head-on car accidents can be very damaging, and oftentimes a person is lucky just to have survived such a crash. However, those who are fortunate enough to survive such wrecks could still experience significant injuries that could last a lifetime. Therefore, it is important for Texans to recognize their legal rights, as they may be able to take action to impose liability and recover compensation for damages that have been unfairly thrust upon them.

Weed killer Roundup targeted in cancer lawsuit

Monsanto is currently at the center of a lawsuit that alleges the company misled consumers and hid evidence. The suit claims their popular weed killer Roundup causes cancer.

A former groundskeeper from the Bay Area alleges the company was aware that one of the ingredients in Roundup, glyphosate, was a carcinogen.

Texas victims of defective medical devices can seek legal help

It seems that these days we are seeing more news stories featuring defective medical devices. For example, metal hip implants and transvaginal mesh have seriously injured many people in Texas and nationwide. It is important that those injured by defective medical devises pursue the compensation they need through defective medical device litigation.

With regards to defective medical devises, the U.S. Food and Drug Administration holds the manufacturer of the devise largely responsible for testing the devise to ensure it is safe. Unfortunately, time is money, and some manufacturers will try to take shortcuts in the safety testing process in order to get their product into the hands of consumers more quickly. Moreover, sometimes the design of the product is unsafe due to poor research.

Texans may benefit from federal bans on medical devices

Whether it is a metal hip, pelvic mesh or other medical device, it is not unknown for these products to be defective. Unfortunately, consumers in Texas and elsewhere usually do not know a medical device is defective until they have been harmed by it. The federal government recognizes this problem and has a means for addressing it.

Under certain circumstances, the U.S. Food and Drug Administration has the ability to impose a ban against selling, distributing and manufacturing a medical device. This is an important way to stop dangerous or defective medical devices from being prescribed to or used by patients. Certain elements must be met for the FDA to issue a medical device ban.

What is a defective product?

A defective product is one that has a defect in its design, manufacturer, distribution or sale. A product can be defective because it lacks necessary safety warnings, is unreasonably dangerous or causes harm with normal use. 

Examples of defective products

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