Month: April 2018

Apr 21

Construction Site Accidents

Construction sites are a common sight in Texas, as new residential and commercial properties continuously sprout up throughout the state. As with any employer, construction companies have an obligation to provide safe, healthy and adequate conditions for employees who work hard to build and improve the community. Despite numerous safety regulations, the construction sector has one of the highest employee injury rates of any industry, and some of the most potentially dangerous situations.

Federal laws established under the Occupational Safety and Health Act of 1970 and governed by OSHA, or the Occupational Safety and Health Administration, provide a detailed list of regulations and procedures for ensuring that construction workers are kept safe on the job. Despite the efforts, construction remains a hazardous occupation. In recent years, OSHA has stepped up enforcement and efforts aimed at reducing injuries and fatalities at Texas construction sites. In 2007 alone, 144 construction workers died on the job and many more were injured.

Not only are Texas construction sites extremely dangerous, many construction workers who were injured at work receive inadequate compensation. In fact, the Houston Chronicle has reported that many contractor associations are regularly flooded with complaints from construction workers who aren't given the proper safety equipment or fail to receive proper medical care when they are injured on the job. Don't allow yourself to fall victim to under-compensation.

Construction Workers' Rights The most common construction accidents involve falling objects, falls, electrocution and incidents involving large or heavy machinery. It is up to employers to ensure that their employees are provided with the proper safety equipment, routinely maintained equipment and machinery, safe scaffolding, covers and warnings for holes, weak spots or power lines and that their workers are properly trained. Adequate working conditions can also be applied to sufficient breaks and overtime regulations for workers who must often endure the extreme Texas heat.

If you have experienced any of these accidents, or if you were injured while working on a construction site, it is vital to a successful case that you immediately report the accident and injury and bring your situation to the attention of a qualified personal injury attorney. OSHA regulations can be dense and liability laws are often complicated. Workers' compensation requirements and insurance regulations can also make these injury claims more difficult. When multiple contracting and subcontracting companies are involved or when there are additional premises liability issues, construction accident cases can quickly become complex.

Contacting the Firm Even though we have a reputation of winning and have recovered compensation worth tens of millions of dollars, we still take pride in the fact that we are also well known for making ourselves easily accessible and open to every client during their case. If you choose to work with our firm you can be confident that we will have your back every step of the way. If you have an emergency at any time of the day or night, we will answer. That is our level of dedication to our clients. To further show how committed we are, we work only on a contingency fee basis, which means there are no fees unless we win. Client satisfaction is our main priority, not our wallets.

The Ferguson Law Firm, P.C. is experienced in defending injured construction workers and has a strong knowledge of Texas labor and liability laws. We are also familiar with OSHA regulations and will thoroughly investigate your case to determine which regulations were violated and who should be held responsible. Our firm will also fight aggressively to defend your right to fair compensation against the large resources, legal teams and insurance adjustors many contractors and construction companies commonly assemble to protect them from overpaying injured workers. Don't allow yourself to be undercompensated. To discuss your case and its personal circumstances, fill out a free case evaluation or contact us directly.

Apr 17

Defective Products Attorney

Product liability it a specific area of law created to hold manufacturers, distributors, retailers and any other individual or business that makes products available to the public responsible for any injuries or illnesses their products cause. Similar to premises liability laws and dangerous drugs regulations, companies who make their goods or services public are legally obligated to act with reasonable care and must do whatever necessary to limit preventable and potential harm.

Our firm can help you in determining if you have a valid personal injury claim concerning product liability. Such claims are generally filed on the basis of three categories: manufacturing defect, defective design, and a failure to provide adequate warnings or product instructions. As these cases depend on a variety of different situations and regulations, it is highly recommended that you seek qualified legal representation before filing your claim.

Product Liability in Texas Under the Texas Civil Practice and Remedies Code § 82.005, the injured party, or claimant, is responsible for proving that their injuries resulted from a defective product. This means that a strong and highly personalized approach must be developed in order for a claimant to be favorably compensated. In addition, evidence must by thoroughly compiled and scrutinized to prove that:

  • There was a safer alternative design
  • The defect produced the personal injury
  • A safer design would have prevented or reduced risk for injury
  • A safer design was possible at the time the product was made
  • The product does not comply with government standards

Common claims of defective products often involve cars and automobiles with unsafe defects, tendencies to flip over or brakes that fail to work properly. Other examples of product liability claims include tire recalls, faulty electronic equipment, dangerous appliance defects and many others. Newspapers and current event publications are often littered with claims, cases and convictions of companies who expose the public to defective products. Because these defective products can be extremely dangers and have the potential to cause life-altering injuries and fatalities, manufacturers must be held liable.

There are many other highly intricate procedures and requirements in defective products cases and the area of law is itself a frequent topic of debate. Legislation, insurance liability policies and product warnings are also very convoluted and open to interpretation. When you add these facts to the overwhelming resources and legal teams of large manufacturers and corporations, the burden of proof becomes incredibly difficult. Our firm has no fear in taking on these companies and their defective products because we want victims to receive the compensation they require and help keep the public safe from the negligent practices of business and manufacturers.

Work With Us to Fight Unsafe Products By having our firm help you file a personal injury claim on the basis of product liability laws, you can give yourself the best possible chance for a successful resolution and can help make a real difference by keeping other consumers safe from harm. Bringing defective products to the attention of the law can also help ensure that unsafe goods will be recalled or properly fixed and that others who use the products may avoid injuries. It's a win-win situation for everyone involved and The Ferguson Law Firm, P.C. knows we have the skills, talent and work ethic to help make it happen.

If you became sick or were injured because of a defective product, we strongly suggest you bring the situation to the attention of our experienced legal team. Do not let these large manufacturers intimidate you and do not allow yourself to be poorly compensated for your injuries. They must be held responsible for the injuries they have caused and make their defective products safer for everyone. To discuss your product liability case, contact us as soon as possible.