Texas Dram Shop Lawyer
Texas Dram Shop Lawyer
If you or a loved one were killed or seriously injured by a drunk driver, a dram shop lawyer may be able to help you pursue damages against third parties who contributed to the accident.
Richard Mithoff and the attorneys at Mithoff Law are uniquely qualified to handle cases involving Texas dram shop law. Founding attorney Richard Mithoff has won millions of dollars for families who have been affected by drunk driving accidents. We have successfully pursued damages from negligent providers who enable drunk drivers, including bars, restaurants, rental car companies, insurance companies, and more.
If you are concerned that another party’s negligent actions contributed to a drunk driving accident, an experienced dram shop lawyer at Mithoff Law to explore your options and discuss your potential case.
Call us at 713-654-1122 today.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
What is Texas dram shop law?
The Texas Dram Shop Act, which is included in the Texas Alcoholic Beverage Code, outlines how negligent third parties can be held liable for a drunk driving accident in which they themselves were not physically involved.
For example, under Texas dram shop law, a provider (anyone who sells or provides access to alcohol) who serves alcohol to anyone who is already visibly intoxicated or is under the age of 21 can be held criminally and financially liable for damages caused by the intoxicated party they illegally served.
Additional examples of dram shop law violations include:
- Serving or selling alcohol to a minor
- Serving alcohol to a visibly intoxicated person, regardless of age
- Encouraging a visibly intoxicated person to continue drinking
- Continuously serving liquor so that it created substantial risk of death
- Allowing a visibly intoxicated patron to leave a bar, restaurant, or other establishment where alcohol is served or sold
Unlike some criminal offenses (such as murder or armed robbery) where accomplices and enablers can be charged alongside perpetrators, parties in violation of Texas dram shop law are not prosecuted as accomplices in a DWI accident, nor are they prosecuted for DWI/Intoxicated Manslaughter. Dram shop violations are a separate offense that can carry both criminal and civil penalties.
Once retained, the dram shop lawyers and Houston personal injury attorneys at Mithoff Law can help you decide what type of charges should be pursued in your particular case.
Who can bring a dram shop claim?
A Texas dram shop lawyer helps those negatively affected by a drunk driving accident and their family members (parents, spouses and children) to file a claim against the establishment that overserved or otherwise illegally served the driver responsible for the accident.
Those able to pursue a dram shop claim in Texas include:
- Any victims injured by an overserved drunk driver
- Family members (parents, children, spouses) of a deceased victim
- Pedestrians hit or injured by the accident
- Owners of property damaged by the drunk driver
- Relatives of the overserved drunk driver
Mithoff Law has been bringing dram shop claims on behalf of victims of dram shop violations for nearly half a century. In fact, our dram shop lawyers brought forth one of the original dram shop cases in Texas on behalf of the family of a Houston teenager who received severe brain injuries from a drunk driving accident. The teen was a passenger in a car driven by an underaged, intoxicated friend who was wrongfully sold alcohol by a local convenience store.
Who can be held liable for a drunk driving accident under Texas dram shop law?
While an intoxicated individual who chooses to drive can be held legally responsible for their actions, Texas dram shop law also places liability on parties who enable such accidents to happen through professional negligence.
It is illegal for a liquor store, retail establishment, bar, or restaurant to serve alcohol to already-intoxicated individuals or minors, regardless of their sobriety. When these individuals cause a drunk driving accident, a dram shop lawyer can investigate and pursue claims from the establishments that overserved or otherwise provided alcohol to them.
Parties/providers held liable in many dram shop law cases may include:
- Bartenders: If you’re wondering “can a bartender go to jail for over-serving?” the answer is yes. Bartenders and other servers at a bar or restaurant can be held criminally and financially liable for over-serving, for serving minors, or for serving obviously intoxicated individuals.
- Store owners/clerks: Similarly, if a store employee sells alcohol to an intoxicated individual or to a minor, they may be held liable for any resulting damages in addition to any fines and penalties they may incur for violating their liquor license.
- Bars and restaurants: Most often, the business where the drunk driver was illegally served alcohol is the target of a dram shop claim.
Contributing third parties: People or organizations whose negligence enables a drunk driver to injure others may also be deemed liable for damages. For example, the dram shop lawyers at Mithoff Law successfully sued both Progressive Mutual Insurance and Enterprise Rental Cars for providing a driver facing multiple DWI charges with a rental car that was subsequently involved in a fatal drunk driving accident.
Do dram shop laws protect you from a lawsuit? Social Host and Safe Harbor defenses
The following rules may be used as a defense against a dram shop claim. However, these laws should not discourage you from speaking with an experienced dram shop lawyer at Mithoff Law Firm; they are in no way a guarantee that the establishment or provider will be shielded from a lawsuit.
Social Host exemptions
Adults and other social guardians playing social host to other adults or their own children cannot be held liable for a dram shop claim under the Social Host Exemption.
Under the Social Host Exemption, an adult social host cannot be held liable for a drunk driving accident under the following conditions:
- If a parent serves alcohol to their own child, the parent cannot then be sued for their child’s subsequent conduct, regardless of consequence or severity.
- If an adult at least 21 years of age serves alcohol to a guest between the ages of 18 and 20, they cannot be held liable for any subsequent damage caused by the underage drinker.
- If an adult provides alcohol to another adult free of charge. Bars that serve free drinks in exchange for a cover fee are not protected by the social host exemption.
Safe Harbor defenses
In Texas, bars and restaurants can sometimes be given the benefit of good faith in dram shop claims under the Safe Harbor defense. Under Safe Harbor rules, bars or restaurants that otherwise abide by the rules and regulations of the Texas Alcoholic Beverage Commission (TABC) may be able to defend their over-serving as an “honest mistake.”
Some of the conditions a restaurant or bar’s ownership may be able to cite in their favor include:
- Being up-to-date on TABC-approved Responsible Server training programs
- Requiring employees to maintain certifications and training
- Documented evidence that the bar does not instruct servers to provide obviously intoxicated patrons with alcohol.
Retaining a Texas dram shop lawyer at Mithoff Law
In cases involving Texas dram shop law, identifying the accountable parties requires a thorough investigation. The seasoned dram shop attorneys at Mithoff Law are renowned amongst their peers and have the experience necessary to handle complex dram shop cases.
Don’t let uncertainty keep you from exploring your options. If you believe someone else’s negligence contributed to a drunk driving accident, speak with the dram shop lawyers at Mithoff Law.
Call us at 713-654-1122 today.
Birth Injury
Houston Birth Injury Lawyer: Birth Asphyxia & Brain Damage Cases
As Houston birth injury lawyers, we know that there are few things more painful than learning that your baby may have received a brain injury during pregnancy or the birthing process. Babies who have suffered brain damage are likely to require lifelong care. Depending on their condition, they may need extensive medical support, physical therapy, home care, and many other additional resources to ever have a chance at reaching their full potential.
Unfortunately, many of these services are extremely expensive. For these (and many other) reasons, if you suspect that something went wrong before, during, or directly after the birth of your child that could have been avoided with proper medical care, it may be wise to seek legal counsel and to investigate the potential for a claim.
Mithoff Law has over four decades of experience handling birth injury cases involving brain damage. We are here to make sure your child’s best interests are fully represented and to hold any responsible parties accountable. Take a moment to learn more about the legal processes surrounding babies with brain damage, and call us to explore your options.
What to do if your child received brain damage due to negligence or malpractice
In the chaos and confusion of adjusting your life to supporting a child diagnosed with brain damage, it can be overwhelming to have to address your concerns about the quality of care that you and your baby received. Here, we’ve outlined a few initial steps parents can take to find representation and initiate an investigation.
Note: For clarification of negligence and malpractice, please see our article on The Difference Between Negligence and Medical Malpractice.
1. Contact a Houston birth injury lawyer
If you believe that negligence or malpractice may have factored into your baby’s brain damage, one of the best things you can do for your case is to hire a reputable Houston birth injury lawyer. When selecting your representation, look for a personal injury law firm that demonstrates the following:
Experience: Look for a Houston birth injury lawyer with a strong record of success in this specific area of the law. Ideally, your lawyer will have additional experience specifically as a Houston brain injury lawyer. Note that these lawyers may advertise simply as a “catastrophic injury lawyer” or “medical malpractice attorney” without having the specific experience your case may require.
Access to expert witnesses: Expert witnesses are subject-matter experts that can testify in court about matters that fall in their field of expertise. For example, your Houston birth injury lawyer may request a neurologist or obstetrician to testify about your child’s medical condition or best practices in the birthing process.
An established and positive reputation: Although Mithoff Law strives to relieve their clients of as much of the burden of litigation as possible, the bottom line is that legal processes are rarely easy or brief. It is much better to navigate a settlement or trial with a seasoned legal team you know you can trust from the outset.
Mithoff Law has decades of experience representing Texas families in birth injury cases. Over the years, we have earned a reputation as one of Houston’s most renowned personal injury law firms. The firm has also built a strong network of subject-matter experts who specialize in brain damage and trauma.
We have won many birth brain damage cases, including one landmark case involving claims against a hospital and hospital personnel for negligence during a child’s birth. The doctor in charge of the birth did not respond to an urgent summons during delivery and the baby suffered severe brain damage from lack of oxygen.
Mithoff Law negotiated a settlement for the family prior to trial, including a lump sum payment of $4 million and periodic monthly payments of $7,000 for the life of the injured child, guaranteed for at least 20 years. At the time of the settlement, the value of the future periodic payments was estimated at up to $115 million.
2. Organize your documentation
When possible, begin to collect documentation relevant to your pregnancy and birth. This type of documentation can include:
– Records of previous doctor’s visits
– Medical images related to the pregnancy
– Paperwork regarding the birth, especially paperwork regarding your child’s brain injury
– Notes or images that document symptoms
– Names and contact information of relevant medical personnel
3. Learn as much as you can about your baby’s condition
One of the best things that you can do for your case and for you and your baby’s health is to learn more about their condition. On top of everything else, parents with a baby diagnosed with brain damage are often inundated with a slew of new information, including different types of conditions. We’ve outlined several of these below.
Anoxia/Hypoxia: Both birth anoxia and birth hypoxia are symptoms of birth asphyxia that contribute to brain damage caused by a lack of oxygen. The terms are frequently used interchangeably but have different medical meanings. Anoxia is the absence of oxygen supply to organ tissue, while hypoxia is decreased or reduced oxygen supply to organ tissue. Anoxia and hypoxia can both occur despite adequate blood flow.
Birth asphyxia: Birth asphyxia (also called perinatal asphyxia) occurs when a baby stops breathing during birth. Birth asphyxia can be caused by a long or difficult delivery (especially those in which the baby spends an extended amount of time in the birth canal), issues with the umbilical cord, infection, problems with how the placenta separated from the womb, a lack of oxygen in a mother’s bloodstream, and problems with the anatomy of a baby’s airway.
Cerebral palsy (CP): Cerebral palsy is a condition that affects a child’s ability to control their muscles. There are four main different types of cerebral palsy which vary in severity and symptoms. CP is caused by brain damage to the developing brain, more frequently before or during birth. It can be caused by a lack of oxygen, infection, or physical trauma to the brain. A child may not show symptoms of CP for several months after birth.
Hypoxic ischemic encephalopathy (HIE): Hypoxic ischemic encephalopathy is an umbrella term used to describe neonatal brain injuries caused by either lack of oxygen or blood in the brain. HIEs are considered a type of neonatal encephalopathy.
Neonatal encephalopathy: Neonatal encephalopathy is another umbrella term used to describe neurological issues in newborns. Its scope is not limited to brain injuries caused by a lack of oxygen; it also includes brain injuries caused by infection, hemorrhages, stroke, etc.
Some babies with brain damage may not have a specific condition, but may still suffer from side effects of brain damage, including mental retardation, developmental delay, motor impairment, and other issues with muscle function.
Contact the Houston birth injury lawyers at Mithoff Law
If you are seeking the help of a birth brain injury lawyer, Mithoff law can provide you and your family with the representation they need during this difficult time. Our intentionally small and streamlined firm will work hard on behalf of your child’s future and give your case the focus and attention it deserves.
If your child was diagnosed with a pediatric anoxic brain injury, cerebral palsy, or another type of HIE, put your case in the hands of nationally-recognized birth injury lawyers. Contact Mithoff Law by calling 713-654-1122 today.
Product Liability
Experienced Product Liability Lawyer
As Houston product liability attorneys, we understand that the last thing you expect when you invest in a new product is for that product to harm you. Unfortunately, defects can turn everything from cars to toys to everyday goods into life-threatening hazards.
If you or a loved one have been injured or even killed by a defective device, you need an experienced product liability lawyer to help you. From consumer goods, to vehicles, to industrial equipment, Mithoff Law has extensive experience in investigating and pursuing product liability claims. These claims can involve defects in design, manufacturing, or a failure to warn of potential hazards.
Contact the Houston product liability attorneys at Mithoff Law today at 713-654-1122.
“Since he started practicing in 1974, his cases have helped produce reforms in hospital credentialing of physicians and reporting of physician misconduct; prompted medical manufacturers to pull defective products off the market; led hospitals to improve their use of post-surgical intravenous solutions; and triggered a manufacturer’s recall of defective tires.”
– Super Lawyers, September 15, 2021
Understanding strict liability and defective product claims
In Texas and many other states, product liability claims typically arise under what is known as strict liability, meaning that a product manufacturer can be held liable for injuries caused by a defective product under certain circumstances. These claims can differ from personal injury cases based on negligence.
Typical types of product liability cases in Texas
In order for strict liability to apply, you and your product liability lawyer must prove that a defect was present and that it contributed to your accident. There are three categories of product defects that can be used to establish manufacturer liability in an injury.
- Manufacturing defects: In Texas, a manufacturing defect typically refers to a product that deviates from its specifications in a way that makes the product unreasonably dangerous.
- Design defects: In Texas, a design defect typically refers to a condition of a product that renders it unreasonably dangerous as designed, taking into consideration the utility of the product and risks involved in its use. Generally, for a design defect to exist, there must have been a safer alternative design available that would have significantly reduced the risk of injury, and that was economically and technologically feasible at the time the product left the manufacturer.
- Warnings defects: In Texas, a warnings defect typically refers to a failure to give adequate warnings of a product’s dangers, which were either known or reasonably should have been known to the manufacturer. Product defects can manifest in all types of products, including power tools, automobiles, and medical devices. The experienced Product Liability attorneys at Mithoff Law can help evaluate any potential claims you may have.
The Mithoff Law advantage
Any law firm can bring a claim against a company, but few have a trial-tested track record of success. Richard Mithoff is nationally recognized as a leading product liability lawyer. He and his team have successfully fought against some of the nation’s largest manufacturers to win jury verdicts and settlements for their clients.
We hire knowledgeable experts to assist us in finding the root, system, or systemic cause of the design failure, and have deployed our strategic advantage to great effect, including an agreement that forced a manufacturer to alter an entire product design to protect other consumers.
We keep our team small and lean on purpose, and our clients know that they can rely on the kind of aggressive, attentive service that leaves no stone unturned in crafting a trial-ready case
Get the justice you deserve: Contact the Houston product liability attorneys at Mithoff Law today
If you or a loved one have been injured due to manufacturer negligence, contact an experienced product liability lawyer at Mithoff Law. Working with relevant industry experts, our trial-tested product liability lawyers will help you conduct a proper and thorough investigation to determine liability and build an effective defective product claim.
We are here and ready to provide you the assistance you need. Call us at 713-654-1122.
Wrongful Death
Houston Wrongful Death Attorney
Mithoff Law is a trial-tested wrongful death law firm with real experience helping surviving family members handle complex wrongful death lawsuits with total respect and sensitivity for these tragic situations.
You do not have to seek justice for the wrongful death of a loved one alone; you need the assistance of a wrongful death law firm with deep experience helping families in the aftermath of a wrongful death.
Between the emotional and financial shock of a wrongful death, you need a Houston wrongful death attorney you can rely on to handle the complexities and stress of a wrongful death lawsuit so that you and your family can focus on healing and rebuilding.
Entrust your case to the wrongful death law firm with a multi-million dollar track record of success. Call Mithoff Law today at 713-654-1122.
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
Mithoff and his team — all highly acclaimed in their own right — have won several high profile legal cases, including:
$80 Million Settlement in Hurricane Rita Bus Fire Cases
When 23 nursing home residents died in a bus crash while evacuating from Hurricane Rita our experienced law firm took on several cases, and served as Lead Liaison Counsel for all of the Plaintiffs. Our attorneys and experts performed an in-depth investigation, reconstructing the accident and determining that the accident was caused by insufficient lubrication on a rear axle which overheated and caused the fire. As Lead Liaison Counsel, Mithoff Law successfully negotiated an $80 million settlement in behalf of the injured and surviving relatives.
$32 Million Jury Verdict in Trucking Crash
A $32 million jury verdict for persons who were killed or seriously injured and burned when an 18-wheeler slammed into a line of traffic stopped by a minor accident.
$24.7 Million Jury Verdict Against Rental Car Company and Drunk Driver
A $24.7 million jury verdict for the family of a woman who was killed by a drunk driver, despite having multiple citations and a suspended license.
What is considered a wrongful death?
Legally, deaths caused by another party’s negligent or criminal actions may be considered a wrongful death. In this context, negligence can refer to a variety of actions or poor decisions that contributed to or ultimately caused someone else’s death.
Common examples of wrongful death include:
- Dangerous or defective products
- Medical malpractice
- Criminal actions
What to do following a wrongful death
The shock and sorrow surviving family members feel in the wake of a wrongful death can leave you vulnerable and exhausted, which can make it difficult to navigate your legal options.
Before you sign or agree to anything, it is imperative that you contact a wrongful death law firm immediately. Successfully proving negligence and fault in a wrongful death case requires careful investigation and reliable evidence, both of which are easier to obtain when you act quickly.
Furthermore, families hoping to file suit for wrongful death are subject to the statute of limitations set by their state. In Texas, the statute of limitations on a wrongful death claim is typically two years.
Your Houston wrongful death attorney at Mithoff Law
Mithoff Law has helped families recover millions in complex wrongful death cases involving car accidents, workplace accidents, and even aviation disasters. We know that this is the last call you ever wanted to make, and we promise to do everything we can to make this process as comfortable for you and your family as possible.
Don’t let the responsible party dismiss your loss. Call the Houston wrongful death attorneys at Mithoff Law at 713-654-1122.
Pharmaceuticals & Medical Devices
Medical Device and Pharmaceutical Lawyer in Houston
As medical device and pharmaceutical lawyers in Houston, we know that those who rely upon medical devices and pharmaceuticals expect them to be effective and safe to use.
If you or a loved one have been injured following the use of a defective medical device or prescription drug, you need an experienced team of product liability attorneys to help you build and fight your case.
At Mithoff Law, we have decades of experience pursuing and winning claims against the companies that create and sell faulty devices and prescription drugs. When you work with us, you’re putting your medical equipment malfunction lawsuit in trustworthy hands.
Contact a Mithoff Law medical device lawyer or pharmaceutical lawyer in Houston today at 713-654-1122.
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
The Pharmaceutical lawyers in Houston at Mithoff Law have helped victims and their families obtain significant settlements from pharmaceutical companies, including:
Vioxx litigation
Mithoff Law represented hundreds of clients who made claims regarding Vioxx. The claims were settled for a confidential amount.
The manufacturer of the acne drug Accutane agreed to pay a 9-year-old boy and his mother an unspecified amount to settle a lawsuit that alleged the drug caused the child to be born with several deformities.
Permanent disability from PPA
Shortly after giving birth, a mother took over-the-counter medication containing Phenylpropanolamine (PPA) which caused a severe stroke and permanent paralysis. Mithoff Law helped her and her family to obtain a settlement from the pharmaceutical company.
Common medical device defects
Despite regulation and oversight by the Food and Drug Administration (FDA), dangerous and defective medical devices still make it to market.
Common medical device defects medical device lawyers see include:
- Bad hip and knee replacement parts: The medical device lawyers at Mithoff Law have helped thousands of people who had received defective artificial hips recover damages against the manufacturer.
- Defective pacemakers: Erratic or malfunctioning pacemakers can cause significant, potentially fatal medical distress for their owners.
- Defective heart valve implants: Leaks and breaks can lead to multiple surgeries and/or wrongful death.
- Mishandled gynecological devices: Defects and/or poor sterilization can lead to infections, infertility, and even miscarriages.
- Failing hernia mesh implants: These common devices have been known to fail, leading to incredible pain and dangerous infections for their users.
Holding pharmaceutical companies accountable for defective products
Despite FDA oversight, dangerous pharmaceuticals still make it to market.
The Pharmaceutical lawyers in Houston at Mithoff Law have helped victims and their families obtain significant settlements from pharmaceutical companies, including:
- Hoffman LaRoche (Accutane): The manufacturer of the acne drug Accutane agreed to pay a 9-year-old boy and his mother an unspecified amount to settle a lawsuit that alleged the drug caused the child to be born with several deformities.
- Permanent disability from PPA: Shortly after giving birth, a mother took over-the-counter medication containing Phenylpropanolamine (PPA) which caused a severe stroke and permanent paralysis. Mithoff Law helped her and her family to obtain a settlement from the pharmaceutical company.
Why hire a Mithoff Law medical device lawyer or pharmaceutical lawyer in Houston
Pharmaceutical and medical device claims require not only legal knowledge, but also a thorough understanding of the industry.
Mithoff Law has decades of experience pursuing claims involving defective or dangerous pharmaceuticals and medical devices, including warnings claims. These claims are often complex, requiring nimble navigation of an extensive regulatory and legal framework. In some cases, pharmaceutical or device manufacturers may even have been aware of problems or dangers associated with a product prior to placing them on the market.
Our team of subject matter experts carefully scrutinizes relevant medical records, design information, or regulatory information when investigating and pursuing such claims. We have experience navigating the legal complex legal framework of pharmaceutical or medical device multi-district litigation, including negotiating claims with settlement trusts or facilities.
Get the justice you deserve: Contact a Mithoff Law medical device lawyer or pharmaceutical lawyers in Houston today
Injuries caused by defective drugs and defective medical devices can permanently impact you and your family, and can even be fatal.
Explore your options and pursue the compensation you deserve with an experienced, proven medical device lawyer or pharmaceutical lawyer from Mithoff Law. We are here and ready to provide you the assistance you need.
Call us at 713-654-1122 today.
Oil Rig Accidents
Oil Rig Injury Lawyer in Houston
When you or a loved one have been hurt in an oil rig accident, an oil rig accident lawyer can play an instrumental in your efforts to win justice.
The laws governing injury claims aboard drilling rigs and fixed platforms aren’t always simple to navigate, and workers injured or killed on oil rigs through explosions, fires, or as the result of employer negligence often find themselves navigating a complex framework of laws and regulations. An experienced oil rig injury lawyer can help you assess your claim and determine the correct course of action based on the specifics of your situation.
If you’re living in the aftermath of an oil rig accident looking for answers and paths to relief, the Houston oil rig injury lawyers at Mithoff Law are here to help.
Contact the trial-tested attorneys at Mithoff Law at 713-654-1122.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
The attorneys at Mithoff Law have decades of experience handling oil rig injuries, and navigating the complex legal and regulatory framework applicable to such claims. Mithoff Law’s experience includes:
Injury on The High Seas
Mithoff Law represented a worker who sustained severe shoulder injuries when he fell aboard a service vessel that was supporting an offshore pipeline project in the Persian Gulf. The plaintiffs alleged that the vessel had inadequate anti-skid deck plating in the area where the injury occurred. The case was settled for a confidential amount.
Offshore Helicopter Crash
Mithoff Law represented surviving family members of offshore rig personnel who died when the helicopter transferring them from a base on land to an offshore rig crashed. The plaintiffs alleged that there were design defects in the helicopter’s control systems. The case settled for a confidential amount.
Statutes commonly applicable in the context of oil rig accidents
The legal and regulatory framework in the area of oil rig accidents is complex and voluminous. The trial-tested attorneys at Mithoff Law have spent decades navigating that framework, and are familiar with how those laws and regulations are applied in a wide variety of contexts. Commonly-encountered statutes that may be applicable to an oil rig injury (or activities adjacent to offshore rig work) include:
The Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act (OCS Lands Act) provides that, for most workers who are injured while working aboard rigs affixed to the outer continental shelf, their injury claims are typically subject to the laws of the state most adjacent to the location of the accident, so long as those laws are not in direct conflict with relevant federal laws.
The Jones Act
Although typically used in cases involving boats, barges, or other large marine vessels, workers injured aboard mobile offshore drilling units, drillships, or service vessels may be able to file an injury claim under the Jones Act. Claims will often turn on whether the injury arises from the activities of a “vessel in navigation.”
Jones Act claims also require claimants to establish their status as a Jones Act seaman (generally, someone who spends a significant amount of time working on a vessel in navigation).
Offshore workers who qualify as seamen may also qualify for health and daily living benefits due to a principle of maritime law known as “maintenance and cure.”
The Longshore and Harbor Workers Compensation Act
The claims of many offshore oil rig workers are governed by the Longshore and Harbor Workers’ Compensation Act. The Act is distinct from the Jones Act, and provides different types of remedies from the Jones Act.
Death on the High Seas Act
The Death on the High Seas Act can also impose additional requirements on maritime injury claims, depending upon where geographically the injury occured.
Common oil rig accidents and injuries
In addition to being at sea, oil rigs are volatile work environments that run on tight schedules and involve highly flammable materials. As such, accidents happen, and the results can be devastating for victims and their families. These are some of the more common oil rig accidents:
- Burn injuries from explosions and fires
- Neurological/brain injuries from swinging pipes or dropped equipment
- Spinal cord injuries from falls or collisions caused by slippery stairs and unguarded crossings
- Amputations
- Wrongful death
Contact a trial-tested oil rig accident lawyer today
If you or a loved one were injured in an oil rig accident and in need of workers’ compensation, an oil rig accident lawyer can help. When you hire a Houston oil rig injury lawyer with the depth of experience of Mithoff Law, you can rest assured that your claims will receive the attention to detail that they deserve.
Speak to an experienced oil rig accident lawyer at Mithoff Law today. Call 713-654-1122 and get your case off to the right start.
Medical Malpractice
Medical Malpractice Attorney in Houston
As a patient, you have rights, and the Houston medical malpractice lawyers at Mithoff Law are here to help you defend them. Few things are as important or deeply personal as our health. So when we entrust our lives or those of our loved ones to the hands of medical professionals, we do so with full expectations that they will perform their duties carefully.
Unfortunately, this isn’t always the case. According to a recent John Hopkins study, more than 250,000 people die from medical malpractice each year, making it the third-leading cause of death nationwide. Additionally, survivors of medical malpractice can be left with debilitating, lifelong injuries that drastically impact your quality of life.
Get the experienced representation you and your family deserve. Call Mithoff Law today at 713-654-1122.
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
Mithoff Law’s medical malpractice success stories
Mithoff Law has helped victims of medical malpractice and their families recover damages in complex cases, the results of which have even changed standard medical procedures.
- Fighting post-operation negligence: Mithoff Law won $1.14 million for the family of a deceased patient who died due to inadequate post-op care while she was supposed to be recovering in the hospital. In this case, our investigation and expert witnesses helped bring troubling issues to light, altering the way patients are cared for after operations.
- Taking Dow Chemical to task for toxic breast implants: Mithoff Law also represents those injured by the manufacturers of defective medical devices. After leaking breast implants caused his clients significant health problems, Richard Mithoff set new precedents with the first successful verdict against manufacturer Dow Corning.
- Billion dollar settlements: When thousands of people were given faulty artificial hips, Mithoff Law took the manufacturer to task, helping to negotiate a billion dollar settlement on behalf of all affected patients, and forcing the recall of 40,000 dangerous artificial hips.
What qualifies as medical malpractice?
Medical malpractice occurs when a doctor, hospital, or other medical professional acts negligently or carelessly, causing injury to a patient. In order to be considered medical malpractice, negligence must occur during the medical process as a part of diagnosis or treatment.
Types of medical malpractice
In addition to basic medical negligence, malpractice can occur in a number of forms. The following are the six most commonly reported types of medical malpractice:
- Surgical errors: Mistakes made during surgery can have devastating, even fatal consequences for patients, from spinal and neurological injuries to undue pain as the result of poor anesthesia. Patients may still have the right to seek damages for surgical errors, even after signing a consent form.
- Birth injuries: Inadequate prenatal care or negligence during birth can lead to severe, even fatal consequences for newborns and their mothers.
- Misdiagnosis: A misdiagnosis of a disease or condition can result in harm to the patient, if the misdiagnosis worsens the patient’s outcome.
- Delayed diagnosis: A delayed diagnosis can occur because of many factors, including inadequate screening. These delays may allow a harmful disease to worsen.
- Failure to treat: Even with a correct diagnosis, sometimes doctors fail to deliver the correct and adequate treatment owed to their patients.
- Medical product liability: When medical products are defective, a treatment issue can begin long before a patient falls ill and visits their doctor. Faulty surgical equipment — including medical products such as meshes, pacemakers, and filters — can injure or even kill patients. In these cases, you may be able to sue the manufacturer for damages as well as the practitioner, depending upon the circumstances.
“Since he started practicing in 1974, his cases have helped produce reforms in hospital credentialing of physicians and reporting of physician misconduct; prompted medical manufacturers to pull defective products off the market; led hospitals to improve their use of post-surgical intravenous solutions; and triggered a manufacturer’s recall of defective tires.”
– Super Lawyers, September 15, 2021
Contact a trial-ready Houston medical malpractice lawyer at Mithoff Law
Mithoff Law has represented many clients for medical malpractice and has attorneys and subject matter experts that are well-versed in the legal and medical knowledge necessary to pursue such claims.
We have pursued all manner of medical malpractice claims, including claims involving medical specialties as diverse as bariatric surgery, pediatric care, oncology, anesthesiology, and nursing care. The claims we have pursued often involve death or serious injuries, such as quadriplegia, paraplegia, or brain injury. We employ a registered nurse to assist in the review and preparation of claims.
Our team is experienced in navigating the substantial medico-legal hurdles imposed in Texas as a result of tort reform and is prepared to review any potential medical malpractice claim. Let us fight for you.
Call the medical malpractice lawyers at Mithoff Law at 713-654-1122.
Admiralty & Maritime
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Chemical Plant Accidents
Houston Chemical Plant Explosion Lawyer
When a Houston chemical plant explosion happens, injuries, loss of life, and damages to property can be staggering. Thankfully, there are safety measures in place to reduce the risk of an accident and experienced personal injury lawyers who can help you explore your options.
The team at Mithoff Law has handled multiple workplace explosion cases ranging from Deepwater Horizon to a sugar plant explosion. We work diligently to hold all parties accountable for any negligence.
If you or a loved one was injured by a Houston chemical plant explosion, call 713-654-1122 to get the help you need.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
What causes chemical plant explosions?
There were more plant and refinery explosions in Texas and Louisiana between 2017 and 2018 than in the previous 5 years combined. Many fires, explosions, and other industrial accidents can often be traced back to:
- Maintenance issues
- Regulatory violations
- Lack of process safety management
- Plant design or construction defects
There are generally a variety of factors that can directly cause or contribute to industrial accidents. Our team leads investigations that include an in-depth analysis of the accident scene, witness interviews, and inspection records to uncover the root and systemic cause of the accident and determine which parties may be responsible.
What makes chemical plants dangerous?
Chemical plants often contain volatile hydrocarbons, liquids, and gases that ignite when exposed to heat or other ignition sources.
Because of the extreme risk involved with working around harmful and combustible chemicals, there are typically many safeguards in place. These safeguard, when followed, are intended to reduce the risk of chemical plant explosions, fires, and other industrial accidents.
Process hazard analysis, job safety analysis, lockout procedures, and the use of safe equipment are a few ways companies can protect their employees.
Governing bodies, such as the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) have regulations in place for chemical plants to promote safety, and typically conduct their own investigations when a Houston chemical plant explosion occurs.
Common chemical plant explosion injuries
The Department of Labor reports that nearly 3 million people are injured in workplace accidents each year. While Houston chemical plant explosions make up a fraction of the annual injuries, such accidents often result in serious injuries or death.
Plant and refinery fires and explosions can cause:
- Burn injuries
- Broken bones
- Paralysis
- Brain damage
- Amputation
- Back and neck injuries
- Post-traumatic stress
- Death
Medical bills, funeral costs, and lost wages may cost more than the amount of compensation insurance companies or responsible parties offer. If you or a loved one were seriously injured as a result of a chemical plant accident from Deer Park to Crosby, Texas, hire an experienced chemical plant explosion lawyer from Mithoff Law to explore your options.
Other types of workplace accidents
Working at a chemical plant can be a dangerous occupation, but that doesn’t mean responsible persons can get away with causing injuries or death. Today’s workforce shouldn’t have to worry about not coming home at the end of their shift due to another’s fault.
Our team has handled accidents ranging from:
Regardless of where you work and what occurred, our workplace personal injury attorneys are ready to review your case and give you the best legal advice possible.
Why trust a chemical plant accident lawyer from Mithoff Law?
Richard Mithoff and the team at Mithoff Law are not strangers to high-profile plant and rig accidents; their clients have won millions from large corporations involved in Houston chemical plant explosions.
From the Wyman-Gordon explosion case where 50 acts of negligence caused the death of 7 workers to beating Firestone and Sears in a landmark product liability case, Richard Mithoff has delivered substantial results for his clients.
The Mithoff team also counseled for five of the 15 families suffering a loss of life in the BP Texas City refinery fire and explosion, resulting in tens of millions recovered by injured workers and their families.
While every case is unique, our goals are universal. We strive to get the compensation our clients and their families deserve in the shortest amount of time possible so you can focus on healing while those accountable are forced to focus on their actions.
To put your case in good hands, call 713-654-1122.
Refinery Accidents
Plant Explosions Lawyer
Plants and refineries are essential components of the Houston economy. But with every plant explosion, Houston plant workers are left in need of answers and assistance as they work to recover and rebuild their lives. The plant explosion lawyers at Mithoff Law are here to help those victims and their families.
If you or a loved one were severely injured or killed in a chemical plant or refinery explosion, consider working with a plant explosion attorney with real experience. Call Mithoff Law today at 713-654-1122 to get your case off to the right start.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
What causes chemical plant explosions?
Much like other industrial worksites, chemical plants are subject to OSHA regulations due to their high-risk nature. However, chemical plants and refineries are even more susceptible to accidents, and even the smallest of incidents can have life-long repercussions for victims and their families.
Generally speaking, negligence and human error are the most common causes of plant explosions and accidents. Regulations are in place for a reason, and when these regulations are ignored or otherwise treated with disregard, accidents can happen. Simple steps like employee training, proper supervision, and adherence to OSHA regulations can drastically reduce the likelihood of explosions and accidents.
Types of chemical plant and refinery accidents
In a chemical plant or refinery, even a small accident can have catastrophic results. From disasters that can affect entire cities to life-altering and fatal injuries, chemical plant and refinery employees face a number of significant dangers, including:
- Fires and explosions: Many of the chemicals handled by plants and refineries are highly flammable and their use comes with the risk that they may cause fires or explosions. Typically, worn, dated, or otherwise unserviced equipment is involved in chemical plant fires and explosions.
- Exposure to hazardous substances: Many of the chemicals handled at plants and refineries are completely unsafe for human exposure. Should you come into contact with a hazardous substance, the results can be catastrophic—both at the moment of contact and years after the fact.
- Slips and falls: As a fast-paced, high-stress work environment, plants and refinery employees can easily find themselves in precarious situations. But unlike a regular work environment, slipping and falling in a chemical plant or refinery can have drastic consequences beyond the physical impact of the fall—especially if the accident occurs near chemical containers or sensitive equipment.
The life-altering consequences of chemical plant accidents
Plant and refinery accidents can have big consequences both for plant employees and unsuspecting residents who happen to live in close proximity to the plant, particularly in the event of an explosion.
Due to the high flammability and highly toxic nature of the substances being handled, plant accidents have a variety of severe effects, including:
- Severe or fatal burns: Whether by contributing to a fire or through direct contact with the skin, chemicals can cause severe third-degree burns.
- Brain injuries: In some cases, direct exposure to toxic substances can permanently harm the brain in ways that cause mental disabilities that can make work or normal activity all but impossible.
- Respiratory illness: Inhaling toxic fumes due to an explosion or improper storage of harmful chemicals can result in lung impairment and illness.
- Cancers: Exposure to toxic chemicals can contribute to the development of certain cancers including lung cancer, bladder cancer, and mesothelioma.
Call Mithoff Law if you’ve been affected by a plant explosion
The plant explosion lawyers in Houston at Mithoff Law know how devastating a plant or refinery accident can be to victims and their families. We know how uncertain the future can seem in the wake of such a devastating accident and that you likely have many questions. At our firm, we strive to ease these burdens.
We offer the strategic advantage that comes with decades of experience and a small but professional team. Call a plant explosions lawyer at Mithoff Law today at 713-654-1122.
