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Product liability claims are the responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise in the open market. When individuals are harmed by an unsafe product, they may have a cause of action against the entity who designed, manufactured, sold, or furnished that product. Product liability claims include tire failures, automotive defects, rollovers, ejector seats, chair failures, production and equipment failures.
Many serious injuries and fatal accidents occur within the work place. Under Texas Law in many circumstances, the injured worker or victim’s surviving spouse, children (minor or adult), parents, and heirs may be entitled to compensation for the injury or death. Some injuries in the workplace include construction claims, such as electrocution, falls, excavation, collapsing structures. Workers Compensation, Responsible Third Party, and Nonsubscriber Claims.
A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident. Personal Injury involves civil law cases where an individual is trying to obtain compensation for an injury he or she sustained. The most common type of personal injury claims are automobile accidents, railroad accidents, airline or other common carrier accidents, construction accidents and accidents in the workplace. Generally, the individual was injured as a result of a dangerous or otherwise unsafe condition.
Employment law is a broad area that controls how employers must treat employees, former employees, and applicants for employment. The most common type of employment law issues that can arise in the workplace is protection from on-the-job discrimination, harassment, retaliation, and wrongful termination. Some types of on-job discrimination and harassment include harassment or discrimination on the basis of race, color, religion, sex, pregnancy, national origin, disability, or age. Texas Labor Code §451 prohibits the discrimination against employees who file or make a claim under the Texas Workers’ Compensation Act. The legislative purpose of section 451 of the Texas Labor Code is to protect persons who are entitled to benefits under the Worker’s Compensation Law and to prevent them from being discharged by reason of taking steps to collect and ensure such benefits.
Cervantes Scherr Legate is dedicated to assisting individuals and families of those individuals who were injured through no fault of their own. Individuals who have suffered serious injuries or death due to someone else’s negligence have a legal right to seek compensation for their damages. These damages may include medical expenses, lost wages or income, pain and suffering and loss of enjoyment of life.