The Herrera Law Firm Demands Justice for Injury Victims
At The Herrera Law Firm, serving San Antonio, Corpus Christi, Laredo, Odessa and communities throughout Texas, we provide aggressive representation for injury victims involved in all kinds of accidents. Our goal is nothing short of maximum compensation for victims who suffered serious injuries because of negligence in a broad cross section of areas.
If you were injured due in a slip and fall or because of medical malpractice, we can help you pursue the justice you deserve. A determined San Antonio accident attorney can provide quality legal assistance to victims coping with a variety of injuries. We have experience handling cases involving mesothelioma due to asbestos exposure as well as representing victims injured in transportation accidents or swimming pool accidents.
How The Herrera Law Firm Can Help You
Turn to The Herrera Law Firm for an experienced attorney you can depend on. Our firm has been assisting people injured in Texas since 1983. While we are known as a personal injury law firm, we also can represent people needing assistance in other legal areas.
Insurance companies understand that when they are up against our experienced attorneys, they face a team of determined legal professionals who will not back down from doing what is right for their clients. In any type of case, from a defective product to a complicated dram shop case, The Herrera Law Firm are legal professionals who are dedicated to providing top representation for clients.
Hundreds of children under 5 years old drown each year in swimming pools in the United States, according to the Centers for Disease Control and Prevention. In some cases, the tragic death of a child while swimming is due to a property owner's neglect. Other accidents in pools may involve a spinal cord injury or brain injury after someone dives into a shallow pool.
If you, your child or another loved one was injured in a swimming pool accident, you may be entitled to compensation. The Herrera Law Firm has the extensive experience and necessary resources to assist clients in making a financial recovery. We help clients file a wrongful death lawsuit or other litigation related to swimming pool injuries and drowning accidents.
Some property owners with hot tubs, spas, Whirlpools and other recreational water tubs like lap pools also can be liable in an accident if they have not taken the proper safety precautions.
Negligent acts leading to swimming pool accidents
Property owners are liable for guests who use their pool, which includes taking steps to ensure safety. The following negligent acts may lead to accidents:
- Swimming pool not closed in by a gate.
- Negligent maintenance of a pool.
- Depth markers are insufficient or absent.
- Swimming pool not filled in accordance with depth markers.
Improper maintenance of a pool may play a role in an accident. For example, a diving board or slide may be broken or somehow defective. In some cases, a third party (someone other than the property owner) may be negligent.
Where drowning accidents might happen
Property owners with pools, or businesses such as motels or hotels that have pools, must ensure that the swimming area and surrounding areas are safely maintained. Drowning is one of the top causes of death of young children. It seems every summer communities in Texas hear stories about drowning or pool accidents at homes or apartment complexes.
A pool accident investigation will typically examine the following factors:
- Negligence of the part of the property owner
- Improper maintenance of the pool
- Negligent supervision
- Negligent design and construction
In cases involving boat accidents on lakes and ponds, we can investigate whether the boat owner or property owner acted negligently. Did the boat owner provide adequate safety equipment such as appropriate floatation devices for all the passengers? If there was a gathering at a pool, lake or pond, and alcoholic beverages were served, were adequate precautions taken to prevent an intoxicated person from swimming, particularly alone or at night?
Negligence is defined as the failure to use reasonable care to avoid a foreseeable harm to person or property. Sometimes, someone can be found to be legally negligent without meaning to cause harm. The law recognizes both intentional and non-intentional negligence. Some of the most common examples are negligent vehicle operation that leads to a car accident, truck accident, or motorcycle accident. Negligent property maintenance or security is often at the source of slip and fall injury cases.
Types of negligence in Texas
Other examples of negligence include:
- Third party workplace accidents
- Defective products
- Defective medical equipment or dangerous drugs
In accidents involving negligence, the defendant (the one who is accused of being negligent) may raise the following defenses (laws vary from state to state, so some defenses may not be used):
- Contributory negligence is the claim that the injured person (the plaintiff) did not take enough care for his or her own safety, which contributed to his or her injuries. In some states, if contributory negligence can be proved, the plaintiff will not receive any compensation in the case.
- Comparative negligence takes into account the percentage of the plaintiff's own fault in his or her injuries to determine a percentage of the compensation that the plaintiff will receive in the case.
- Limited comparative negligence requires that the plaintiff be no more than 50% at fault for his or her own injury.
Almost every year, a different food comes under suspicion in food poisoning cases. From a salmonella outbreak linked to peanut butter and tomatoes to an outbreak of listeriosis linked to cantaloupe, food poisoning is not uncommon in the United States.
Foodborne diseases cause about 76 million illnesses, 325,000 hospitalizations and 5,000 deaths in the United States each year, according to the Centers for Disease Control and Prevention. Some food poisoning cases may lead to a wrongful death lawsuit.
If you or a loved one was injured due to food poisoning, it's wise to talk with an experienced attorney. A case of food poisoning may be due to the negligence of a food handler or a manufacturer of food.
How a food poisoning case begins
Whether it is due to an improperly performing refrigerator or the failure of a cook to follow accepted protocols, food poisoning cases can arise from many sources. Common injuries or losses you suffer include:
- Medical costs
- Medicine costs
- Missed work
- Changes to travel plans that resulted in greater costs or lost deposits
Food poisoning symptoms include:
- Abdominal cramps
It is important to act quickly after a food poisoning illness
Due to its nature, the evidence of food poisoning can quickly degrade. Do your best to preserve any documentation or materials supporting your case. Try to preserve the following evidence:
- Emergency room records
- Samples or remaining portion of suspected food
- Receipt for food purchase showing date
A dram shop was the name given to black market distributors of alcohol in 18th century England, where they sold it "by the dram" without paying taxes. Today, dram shop is a phrase used to describe the following:
- Selling to an obviously intoxicated person. This may apply to bars, restaurants, or concert venues, and can lead to drunk-driving accidents and other tragedies.
- Selling to an under-aged person. Young people are killed in automobile, truck, and motorcycle accidents at a much higher rate than those over 21. Alcohol is often a factor.
In Texas, bars, restaurants and other alcohol-serving establishments are not automatically held liable for accidents caused by a patron who was served alcohol. The person who sues the bar must be able to prove that the person who caused the accident - such as a drunk driver - was obviously intoxicated to an extent that they were a danger to themselves and others when they were sold alcohol.
However, Texas establishments are able to protect themselves from liability claims if able to prove that they require employees to undergo seller training programs. If proven, the plaintiff must prove that the establishment's owner encouraged the bar or restaurant to knowingly violate the Texas Dram Shop act. Herrera Law Firm understands Texas dram shop liability law and how to pursue damages from a negligent establishment.