Last week’s tragedy in Nice is just one more reminder of the turbulent and senselessly violent time we live in. It’s also a reminder of how a single individual can injure the lives of so many others. We, at the Law Offices of WT Johnson in Dallas, would like to express our sorrow at all of the recent violence that has occurred in our country and throughout the world. Our condolences go out to the injured in Nice and the families of those who were lost. Such an event only reinforces the fact that no one is free from the threat of violence. Read the rest »
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Kids love toys, and with the holidays just around the corner, many Texas injury lawyers and other grownups are buying toys for the kids they love. But even the most popular toy of this year’s holiday season may leave your favorite little one in tears if it causes injury.
Here are some easy ways to choose toys that are safe and appropriate for the kids you love, so that you can keep the holidays happy and prevent injuries.
1. Read labels carefully. Most toys have labels that give important safety information, including age recommendations, warnings about small parts, and information about what the toy is made of and whether it is flame-retardant or flame-resistant. Choose toys that can withstand flames that are made of materials safe for the child and that are appropriate for the child’s age and skill level. Read the rest »
The University of Texas at Austin has become one of eleven partner institutions of higher learning to participate in a $17 million study of traumatic brain injuries (TBI). The study is being spearheaded by the U.S. Department of Defense, which seeks more information and better treatment options for the many combat veterans who have suffered concussions and other traumatic brain injuries. However, researchers from all the partnering institutions, as well as experienced Texas traumatic brain injury attorneys, believe their work will help all TBI patients. Read the rest »
If you’ve ever been unlucky enough to suffer a bout of food poisoning, you know that you want to do all you can to prevent repeating the incident. When preparing food at home there’s a risk of cross-contamination that could result in serious reactions and illness for your whole family. There are several things you can do to reduce your risk of eating contaminated food, including:
Separate foods that are raw and foods that are ready to eat. We’re talking a wide, spacious separation. If you have more than one available counter in your kitchen, and are preparing a meal that contains both raw and ready-to-eat components keep them on separate surfaces. This includes times other than preparation as well. When shopping don’t place raw meats on top of poultry in a shopping cart. Try to always keep some space between raw foods that could possess harmful bacteria, and foods that won’t undergo any preparation before eating. Remember what you touch after you touch raw foods. Are you handling the raw chicken and then heading across the kitchen to dice an onion? There should be a necessary hand washing stop in between!
Wash hands, utensils and surfaces. We don’t mean maniacally. Preparing a meal should only require one or two “wipe downs.” Make sure you start cooking with clean hands, clean dishes and clean foods. After you’ve put raw foods into cook, return them to this state.
Cook foods thoroughly. Not everything need be slightly burnt, but learn how different meats need to be cooked. Chicken, for instance, is said to be safe to eat after having been brought to 165 degrees. This is obviously not the same for steak. If you like certain meats, like steak, a little rarer be sure to research what is a minimum temperature to kill bacteria. Use an internal thermometer to be sure.
Refrigerate foods that are perishable. Don’t leave leftover dinner out for longer than two hours before putting it away. If it’s summer, or your house is running a little warm, it should be done within the hour.
Some people are inherently more at risk for suffering food poisoning than others. A lot has to do with the strength and vitality of your immune system at the time of becoming ill.
Pregnant women often become much more sick than others. This is due to changes in their circulation and metabolism. Check in with your doctor to be sure that everything is all right. Rarely does the sickness affect the baby.
The very old and very young are also more at risk for experiencing severe food poisoning. This is because their immune systems aren’t usually as strong or capable of fending off bacteria.
At least at your home you can play an active part in preventing food poisoning. When you go to a restaurant on the other hand, you expect the kitchen staff to supply you with uncontaminated food that is safe for digestion. If you or a loved one has become ill because of the negligence of another please contact the Law Offices of W.T. Johnson and get the representation you need.
If in an intoxicated person injures another, are they always at fault? One set of Texas laws says no. Dram shop liability laws, found in 38 states, say that some fault lies with the barkeep who provided said drunk person with alcohol. The law dates back to when establishments served by the “dram,” or an eighth of a fluid ounce. Anytime blame is said to lie with a party not directly involved in a personal injury case, things get a little tricky. So when exactly can a dram shop liability law be used?
Dram Shop Info
A dram shop liability law works so that a person who was injured by an intoxicated person can sue the establishment that provided alcohol that contributed to that person’s state. The law follows with the line of thinking that believes that once a patron has become clearly intoxicated it falls partially in the hands of the bar staff to prevent them from drinking anymore. Dram shop laws differ from state to state. Some only address the issue of serving underage drinkers. In Texas a patron has to obviously appear as a threat to both themselves and others for the dram shop law to come into play. The state laws say that if you have a license that permits you to serve alcohol then you can become partially responsible to what happens to the people who drink it. The dram shop liability requires the accusing party to prove that:
The patron was visibly intoxicated when they were being sold alcohol.
Or, that a patron was a minor, and illegally served alcohol.
The servers were more than 50% responsible for what happened to the injured party.
Preventing Misuse of the Dram Shop Liability
Many aspects of the dram shop liability are objective. What appears drunk to one person can seem fine to another. Servers are often very busy, and sometimes inappropriate behavior can be easily overlooked. Some people, although highly intoxicated, do not display any of the behaviors characteristic of someone who could potentially cause themselves or others harm. Because of these reasons there are steps businesses can take to protect themselves against dram shop liability. Most of these consist of different employee trainings aimed at preventing dangerous levels of intoxication in the first place. There are also training schools that sellers can attend hosted by the Texas Alcoholic Beverage Commission. Here servers are taught how to more readily recognize intoxicated patrons, how to deal with unruly customers and prudent serving methods.
No matter which side of the dram shop liability it is important you have strong representation in fighting or enacting this liability. Dram shop laws are tricky to navigate. If your legal representation isn’t knowledgeable in the area you could wind up having your case fall out from beneath you. It’s important that you hire lawyers who can best handle the ins and outs of dram shop liability. If you or a loved one has been injured at the hands of a neglectful barkeep call the Law Offices of W.T. Johnson today and get the help you need.
If you would like to discuss your claim with a member of our team, don’t hesitate to call us at (214) 231-0544. We’re ready to help you, and won’t rest until you receive the settlement you deserve.