McAllen Personal Injury Lawyer

Woman Shot in the Face Remains in Hospital

Bob Hilliard — Thu, 22 May 2008 15:30:27 GMT

A Waxahachie woman who was shot in the face at NorthPark Mall is still recovering in the hospital according to Texas News Reports. �This is a tragedy that is seen across America. �Malls and shopping centers are often a magnet for criminals that prey on innocent victims. �Here, Mary Boyd, was waiting outside the mall to pick up her daughter who was at the movie theatre.

An article in the Dallas Morning News listed an unidentified security expert who was quoted as saying "while surveillance cameras may help catch a criminal after the fact , they rarely deter one". �I am not a security expert, however, I strongly disagree with that statement. �It has been my experience in trying cases involving inadequate security over the last twenty years that testimony has been quite the contrary to that expert's opinion. �Common sense alone should tell us that if someone is watching , you are bound to at least think twice before you commit an act that you would not want others to know you committed. What is the old question, If you could do something and never be seen doing it, would you in fact still do it, even if that was something you should not be doing?

Security Camera Companies boast in their sales pitches that cameras can deter crime even though no guarantee exists as to how much crime will be deterred. �The real question is does the mall or facility using the cameras know how to fully operate the system once it is installed? �Are these cameras installed in the correct locations? �Are there enough cameras for the area being watched? �Is there adequate lighting for the mall parking lot? We have all heard that a light on the outside porch can be a good tool that can deter crime. �The same holds true for parking lots, is the area bright or is it poorly lighted? �Is there someone monitoring the video or is it just playing and recording with no one watching to see if a crime is about to be committed? �It has been my experience that criminals often hang out for hours at a location wandering around before finding their victims. �It has also been my experience that video footage displaying the predator can be found after a serious inquiry is made into all of the video footage on hand.

Other questions that must be answered are; Where was Security at the time of the shooting? �Were the security folks on alert, or were they on a smoke break, or were they conversing with mall employees as opposed to being attentive and securing the mall and/or facility? ��

Fortunately, it seems as though Mrs. Boyd will survive this ordeal. �Unlike a recent client of mine that was abducted from a large hospital and later murdered, Mrs. Boyd will live to tell about this tragedy, however, she will be physically and mentally scarred from such a tragic event. �My prayers go out to her and her family and any other innocent victims that are injured or have been killed in situations like these. �

Mall Management companies need to make safety a priority when designing and operating their facilities. �

If a Security Escort Service is available that should be advertised as big as the marketing campaigns used to lure shoppers their way. �It's not enough to say that escort security is available, shoppers need to know that security escorts are available as much as shoppers know they can always find the Nordstroms Department Store.

Originally posted at InjuryBoard by Bob Hilliard

Swim Season Begins in South Texas

Jesse Guerra — Wed, 21 May 2008 11:20:27 GMT

As summer approaches and school bells ring their last bell of the year the swimming season is here. While summer time brings memories of being in the outdoors and all that entails, parents and children need to be cautious in selecting where their children go swimming.

The first thing any person should do before allowing their child to swim in a pool is to make sure that you can see the main drain at the bottom of the pool in the deepest end. �This will insure that the pool meets the local water clarity standard. �Water clarity is vital to a swimmer's safety and can hinder rescue efforts if a child on the bottom of the pool cannot be seen. �I have now been involved in two cases where children were unable to be rescued at the bottom of a pool because the water clarity was so poor that their lifeless bodies could not be seen for over thirty minutes. �According to swimming pool regulations across the country and as as we have in Texas, a pool shall not be opened if the main drain is not visible. �This is because at times a pool may look safe because of a blue color, however, the main drain is still not visible. This is a clear example of an unsafe pool and swimmers should not swim in a pool that the main drain is not visible.�

The next thing a person should do is make sure that the pool has safety equipment such as a shepherds hook and life ring buoy with rope so that if rescue is necessary these life saving devices are present. Swimmers should also take note of the pool and whether there are clearly marked depth markers on the pool that alert swimmers as to what part of the pool the depth is they are in.

If the main drain is not visible and/or the safety devices are not in place, notify the owner of the pool immediately and do not swim until these items are addressed by the owner or manager of the pool. Swimmers should also use their best judgement in deciding what end of the pool to swim in. �Weak swimmers should use floating devices and life jackets if necessary and stay in the shallow part of the pool. Parents should also be mindful of where their children are at all times around pools and spas in the event they fall in the pool so they can be quickly rescued.

The Texas Department of Health and Safety Standards for Pools and Spas governs the rules for all pools in Texas. �Each state has their own set of rules, all states require that the main drain be visible at all times and that safety equipment be present and in good working condition. �All commercial pools and spas such as those of hotels, apartment complexes, water parks, and resorts must strictly adhere to the state rules governing pools.

Originally posted at InjuryBoard by Jesse Guerra

Van Rollover Kills Washington Man

Jesse Guerra — Thu, 04 Oct 2007 12:06:52 GMT

A Washington state man died recently in a van accident after he lost control of the vehicle near the city Tahola.

The van then began to rotate in circles and slid off the west shoulder. The vehicle rolled multiple times and finally came to a stop some 30 feet from the roadway.
A man was thrown from the car. Troopers said Victor B. Snell, 22, of Elma died at the scene. They said he was not wearing a seat belt.
Investigators believe drugs or alcohol played a role in the crash.

In some states, if drugs and alcohol are involved in this type of accident, there may be an issue of contributory negligence which may bar a potential legal claim.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Jesse Guerra

Inadequate Security at large Retail Facilities such as Outlet Malls

Jesse Guerra — Wed, 19 Sep 2007 08:59:11 GMT

Many people are not aware that large retail outlets and shopping malls owe a legal duty to their guests to maintain a reasonably safe shopping environment.

There are numerous situations where individuals have been kidnapped from a major retail facility and later murdered because of inadequate security. In addition to kidnappings and murders on the premises, people have also been seriously injured by assaults while on these types of premises.

The retail facility owes a legal duty to keep their facility reasonably safe for the customers who come and do business at their facility. The lack of security or negligent hiring and training of security staff can often make or break a case. Furthermore, the lack of security in areas known by the facility management as high risk areas like dark parking garage structures or areas that are hidden from direct view often result in creating a dangerous condition for retal center patrons.

Car thefts can and have been known to escelate into assaults and serious injury on patrons. It is not uncommon to find little security in areas where past violence has occurred. Inadequate security can also involve security staff too busy flirting or not paying attention while on patrol. Lastly, the lack of security cameras in parking garages also contribute to a higher crime rate in those structures lacking cameras.

Bob Hilliard the founding Partner of Hilliard & Munoz LLP has represented victims who have been seriously injured or killed as a result of inadequate security. Bob Hilliard is a board certified Personal Injury Trial Lawyer who has been trying cases since 1983. Inadequate security cases are not easy cases to win and are often overlooked by other law firms who lack the proper understanding of how to successfully develop and prosecute an inadequate security claim against large retail facilities. If you have a loved one who was reported missing and later found murdered, it's important to make a timeline of all the stops that loved one made to determine if foul play was a factor or to identify where the individual was initially abducted.

Originally posted at InjuryBoard by Jesse Guerra

Fentora Kills Four People

Shannon Weidemann — Fri, 14 Sep 2007 00:16:53 GMT

A painkiller used by cancer patients has killed four people that were using the drug improperly. The harmful drug, Fentora, is to be used when morphine or other narcotics do not work for pain relief. One of the people that died after taking the drug was trying to commit suicide. Fentora is manufactured by Cephalon Inc.

Fentanyl is classified as a Schedule II controlled substance with an abuse liability similar to other opioid analgesics, the company says in its letters. The similar medications include morphine, oxycodone, hydromorphone, oxymorphone and methadone, all having the highest potential for abuse and risk of fatal overdose due to respiratory depression.
Cephalon warned doctors not to give Fentora to patients who are opioid non-tolerant or suffer acute pain, postoperative pain, headache, migraine, or sports injuries, even if they are suitable for receiving other opioids on an as needed basis. Doctors are advised also not to substitute Fentora on a one-for-one basis for another, older fentanyl drug called Actiq, which is much weaker than Fentora.

The FDA has placed a warning letter on its website for the drug. Strict dosing instructions for the drug have been given to doctors.

Originally posted at InjuryBoard by Shannon Weidemann

NHTSA Signs Agreement with China Over Auto Safety

Shannon Weidemann — Fri, 14 Sep 2007 00:00:42 GMT

In response to a huge defective tire recall over the summer the National Highway Traffic Safety Administration (NHTSA) has signed an agreement with the Chinese government about auto safety. The agreement will allow the NHTSA to go directly to the Chinese government to help in dealing with the manufacturer. A large number of defective tires that were made in China were recalled this year.

In June, NHTSA ordered a U.S. importer, Foreign Tire Sales Inc., to recall as many as 450,000 tires it had bought from Hangzhou Zhongce Rubber Co.
The Union, N.J.-based importer initially said it did not have the financial resources to conduct a full recall, but then announced in August that it would recall 255,000 tires.
The recall involved steel-belted radial replacement tires for pickups, vans and sport utility vehicles that consumers bought from early 2004 through mid-2006. The tires were recalled because they lacked a safety feature that prevents tread separation.

The agreement will hopefully bring about safer products made in China and imported into the United States.

If you would like to read more about the tire recall, please visit InjuryBoard's Chinese Tire Recall page.

Originally posted at InjuryBoard by Shannon Weidemann

Denver SUV Accident Injures Three

Shannon Weidemann — Thu, 13 Sep 2007 23:46:37 GMT

Three people were injured in an SUV rollover accident in Denver, including a child. An eyewitness saw the SUV roll while he was out cutting his grass. The SUV stopped rolling and landed on its roof. The accident happened this afternoon.

He says the driver of the Camry was headed west on East Arizona Avenue when she ran a stop sign at South Steele Street. He says she then clipped the SUV, which was headed south on Steele. The SUV rolled several times.

The driver of the Camry was not hurt in the accident. All three people in the SUV were taken to a local hospital to be treated for their injuries. Their conditions are unknown at this time.

If you would like to read more about SUV rollovers, please visit InjuryBoard's SUV Rollover information page.

Originally posted at InjuryBoard by Shannon Weidemann

Plaza Nightclub Sued Over Stabbings

Shannon Weidemann — Thu, 13 Sep 2007 23:25:01 GMT

Three people were stabbed at a Lafayette, Louisiana nightclub and are now suing the club for providing inadequate security. The men were each stabbed multiple times on September 1st.

37-year-old Patrick George allegedly pulled out a knife inside the bar and stabbed the three men. George is facing three counts of aggravated battery with a dangerous weapon.

The assailant is in jail and awaiting trial. The owner of the nightclub claims several security measures were in place that night. The victims' claim it is not true.

If you would like to read more about Premise Liability, please visit InjuryBoard's Property Owners' Liability information page.

Originally posted at InjuryBoard by Shannon Weidemann

Man Killed at Morton Oilfield

Shannon Weidemann — Thu, 13 Sep 2007 23:08:32 GMT

A man working at an oilfield in Morton was killed on Thursday morning in Morton. The oilfield accident killed a 56-year-old man who works for North Premium Well Services.

Yesterday morning, a crew was removing cycle rods from the ground. Those rods go into the ground to pump the oil out and as one was being removed, it got bent, snapped and instantly killed

the victim.

The accident is now being investigated by Occupational Safety and Health Administration (OSHA). The victim was originally from Mexico and he will be buried there. There was another accident three weeks ago at an oilfield in Morton.

If you would like to read more about oilfield accidents, please visit InjuryBoard's Mining & Oil Field Accident information page.

Originally posted at InjuryBoard by Shannon Weidemann

Man Burned in Bradford Township

Shannon Weidemann — Thu, 13 Sep 2007 22:56:16 GMT

A man was burned in Bradford Township on Wednesday after trying to lift an electric wire in order to move a grain bin underneath it. The accident happened as they were moving a grain bin down Kemp Road. Seventy-five percent of the man had burn injuries.

The man

was lifting a wire so the bin could go under, he told Farrell at the scene. He reached for a piece of iron sticking from the top of the bin. In the process, he made contact with the "hot" wire, completing the circuit.
"I don't know how he stayed up there," Farrell said. "I'm surprised the power line didn't throw him off."

The Clinton Fire Department rescued the man from atop the grain bin. Clinton EMS teams worked to provide first aid and pain relief at the scene. He was airlifted from the scene to University Hospital in Madison. The man is listed in stable condition.

If you would like to read more about burn injuries, please visit InjuryBoard's Burn information page.

Originally posted at InjuryBoard by Shannon Weidemann