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Enjoy Your Holidays and Stay Safe!

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It’s that busy time of year with increased activities as preparations are made for decorating, gift-giving, and time with family; so take a moment to think how you can enjoy your holidays and stay safe at the same time. Here are a few suggestions to keep in mind.

Fire

Check your smoke alarm before adding electrical decorations. Often lights are added during the holidays, both inside and outside of your home. This can put an added strain on breakers, but especially on outlet strips. Watch that these are not overloaded and be aware of any unusual odors or flickering that may signal an overheated strip of lights.

Keep candles unlit unless there is someone watching them and be sure they are not close to flammable materials.

Children – and adults – love to be close to a fireplace. Use a fire screen and check to see if clothing, especially pajamas, are fire-proofed. Outdoor fire pits can be especially enticing to children; be sure an adult monitors activity around the fire and discourages roughhousing in the area.

During gatherings of family and friends, there may be a number of people in the kitchen, including children. Keep pots on the back burners of the stovetop if possible to avoid burns from accidental bumping or little hands reaching.

Pets

While some pets may love the activity and attention, others may become agitated. Ensure there’s a safe place where your pet can relax and also where the pet will not be tempted to lash out at a child. Dropped food can turn a docile pet into one that will bite to defend its prize.

Trees, lights, ornaments, ribbons, wrapping paper, and food – chocolate and nuts especially – must be out of reach or watched closely so you don’t experience a late night trip to an emergency vet.

Shopping and traffic

This is the time of year when the “traffic is terrific” and can put a damper on trips to the mall or event venues. There is no avoiding it, unless all shopping is done online, but be prepared. If you can shop “off hours” you’ll have fewer issues. Check road conditions before leaving home and find the best route.

When you park, keep all packages in the trunk or other place where they cannot be seen. Always lock doors. When walking to and from a store, keep your eyes open and avoid looking at your phone. Take note of where you park so you can walk directly to your vehicle, keys in hand, when leaving the store or event. If you feel uncomfortable about any people in the parking lot, go back into the store and request an escort.

Hold purses or wallets and don’t leave in shopping baskets, even for a moment. Guard your cards and carefully input your PIN number in a manner that is not visible to others.

Drinking

This time of year is filled with parties and dinners where liquor is served. If you want to celebrate with drinks, there are ways to do it safely. If you have one drink, have it early and eat at the same time. Stay long enough to remove it from your system before driving. Otherwise, ride with a friend or take one of the car services to get home. Many holidays have been ruined because of one too many.

Enjoy your holidays!

These suggestions are common sense and take very little time, but they can save you from a holiday and lifetime of regrets. Enjoy your holidays and stay safe!

Have fun! Make memories! Celebrate!

Texas Wrongful Death and Survival Claims Explained

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There is often confusion about Texas wrongful death and survival claims, but Dallas serious personal injury attorney, Ben DuBose, explains, “When tragedy strikes and a person dies because of someone’s negligent conduct, Texas law provides for two general types of recovery in our civil court system: wrongful death and survival claims.”

Survival claims

Survival claims are those personal injury claims the deceased individual would have if they were living. The individual’s death does not extinguish these claims. Rather, they “survive” their death and belong to the estate of the decedent. Survival claims include claims for pain, suffering, mental anguish, lost wages, as well as medical expenses related to treatment of the injury that caused the death.

Wrongful death claims

In addition, claims can be brought by the family of the decedent for wrongful death. Wrongful death claims exist by statute in Texas and belong to the family members of the decedent for the loss of their spouse, parent, or child.

How wrongful death and survival claims work together

DuBose points out that “while wrongful death and survival claims are separate claims, they are brought in the same lawsuit.”

A surviving spouse, parent or child may bring the wrongful death action. However, if none of those individuals have brought the claim within three months of the death of their loved one, the executor of the estate may bring the claim.

Surviving siblings do not have standing to bring a wrongful death action in Texas. However, most states have a wrongful death statute and the classes of relatives with standing to bring a claim vary from state to state.

In some Texas wrongful death claims, exemplary damages are available. Exemplary damages are permitted if the jury finds a wrongful death is caused by a willful act or omission, or by gross negligence. The purpose of exemplary damages is not to compensate the family, but to punish a wrongdoer and to make an example that willful or grossly negligent behavior will not be tolerated.

The award of damages in a Texas wrongful death claim is typically made by a jury. The jury allocates the damage award among the surviving family members in proportion to the injury they suffered as a result of the untimely death.

The Texas wrongful death statute can be found here.

Popcorn Lung in E-Cigarette Users A Possibility

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According to a Harvard study, a chemical, diacetyl, may cause a condition called Popcorn Lung in e-cigarette users. Popcorn lung was first observed in the early 2000s when workers at a microwave popcorn factory were sickened by breathing the chemical, used because of its buttery flavor.

Popcorn lung in e-cigarette users

E-cigarettes come in many flavors, making them appealing to teenagers as well as adults. Most users think these are a healthy substitute for smoking cigarettes. Unfortunately, they are misguided. The same chemical, diacetyl, that produced irreversible bronchiolitis obliterans and even death to workers in popcorn factories, is present in many of the flavored ‘juices’ of e-cigarettes.

Harvard researchers found that 39 of 51 e-cigarette brands contained diacetyl and, of the two other harmful chemicals present, 23 included 2,3 pentanedione and 46 contained acetoin. In total, approximately 92 percent of e-cigarettes tested had at least one of the three chemicals.

What is popcorn lung?

The scientific disease name, bronchiolitis obliterans, is actually a scarring of the lungs’ small air sacs. This scarring thickens and narrows the airways. Though the common disease name, popcorn lung, sounds harmless, it definitely is not. The devastating results are coughing, wheezing, and shortness of breath – similar symptoms of chronic obstructive pulmonary disease (COPD) – and can lead to death.

Why is this legal?

Once the effects on popcorn workers were discovered, diacetyl was removed from popcorn products. However, until the May 5th announcement by the Food and Drug Administration (FDA) that they will extend their oversight on tobacco products to include e-cigarettes, there was no FDA oversight. This announcement means that in August key provisions of the Family Smoking Prevention and Tobacco Control Act on sales, marketing, and manufacturing of e-cigarettes will be enforced, but there is a caveat. For three years manufacturers can test their products and complete FDA applications for review while their products can remain in the market.

The 2015 Harvard study concluded, “Because of the associations between diacetyl and bronchiolitis obliterans and other severe respiratory diseases observed in workers, urgent action is recommended to further evaluate this potentially widespread exposure via flavored e-cigarettes.”

While there are groups wanting more proof that there is actual danger, the American Lung Association thinks the danger is real, three years is too long, and the FDA should quickly require removing diacetyl and all other harmful chemicals from e-cigarettes.

Learn more

Even if you are still undecided about the effects of diacetyl in vaping, there are many other additives in e-cigarettes that are harmful, including nicotine, formaldehyde, carbonyl compounds, metals, propylene glycol, glycerol, fine particulate matter, and flavoring chemicals.

Here are two good links. For more public information on e-cigarettes and lung health and for a number of articles on how to quit – or help someone else quit – smoking.

DuBose Law Firm Celebrates 10th Anniversary

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In 2008 I did something I’d always dreamed of: hung out my own shingle. Since the late 1990s, I’d practiced law at one of the largest personal injury law firms in the nation. It was an invaluable experience representing the Greatest Generation, the Silent Generation, and Baby Boomers suffering from mesothelioma and asbestos lung cancer in courts across America. But ever since law school, I wanted to practice in a law firm like the one I clerked for in Lubbock, Texas: a small personal injury firm that provided legal services and personal attention to each client.

DuBose Law Firm 10th AnniversarySo, in June of 2008, a few months before the economy plunged into the Great Recession, I formed DuBose Law Firm. I’ve never looked back. What a decade it’s been and what a law firm we built. Just look at some of the milestones we achieved in our first 10 years:

●  Proudly represented asbestos victims across the United States
●  Successfully resolved cases for hundreds of clients
●  Tried cases before juries
●  Obtained appellate victories in the Supreme Courts of Louisiana and Missouri
●  Expanded our practice into two new areas: serious personal injury & employment/labor law
●  Opened a second office in New Orleans, Louisiana
●  Renovated our historic home office – The Adelfa B. Callejo Building – named in honor of the legendary Dallas civil rights icon who practiced law here
●  Community engagement – involved in local, state, and national bar associations as well as volunteering with Dallas schools and the community at large

Along the way, DuBose Law Firm grew to include a great team of attorneys, paralegals, and employees. My own family grew quite a bit as well. When we opened the office in 2008, my children were in elementary and pre-school. Now, my son is graduating from high school and our two girls aren’t far behind.

Throughout it all, DuBose Law Firm always stayed true to our core purpose: helping individuals who’ve been harmed. We strive to make a difference in our clients’ lives and in our society.

Just imagine what we’ll achieve in the next 10 years!

P.S. None of this would have been possible without the love and support of my wife and kids. They’ve been there for me all along the way.

DuBose Law Firm, PLLC
principal office address:
4310 N. Central Expressway
Dallas, Texas 75206
Phone: 214.389.8199
Fax: 214.389.8399
Sponsored by Attorney Ben DuBose, licensed in TX, OK, and PA

Texas Texting & Driving Law Takes Effect September 1!

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Sen. Judith Zaffirini, D- Laredo, fought for this day through five legislative sessions comprising ten years. The bill, with her sponsorship, finally passed both House and Senate and was signed into law by Gov. Greg Abbott on June 6, 2017. Now there are only three states remaining without a texting while driving ban – Arizona, Missouri, and Montana. This issue’s long journey included passage of a bill by both the House and Senate in 2011, but a veto by former Gov. Rick Perry. In 2015 it passed the House, but fell short in the Senate.

Even before this law, there were restrictions on phone use in Texas, such as a ban in school zones, drivers under 18, and bus drivers with minor children on board. While waiting for a comprehensive Texas ban, more that 95 cities passed their own local ordinances banning some uses of phones while driving.

Texting ban too limited

Some say the law, as written, doesn’t cover enough distracted driving actions, such as applying makeup, eating, or using GPS. Even when the limited law is broken, the fine of $99 for a first offense and up to $200 for subsequent offenses may not be enough of a deterrent. Critics say the law may be hard to enforce and even confusing to law enforcement as they are only allowed to ticket a violator for texting, not other phone uses. Since using GPS on a phone is still legal, it may enable officers to stop motorists when they are legally using their phones. Even if texting, drivers could easily switch to a GPS app to avoid a ticket.

Sen. Larry Taylor, R-Friendswood, pushed to amend the bill requiring police to actually witness a texting offense before initiating a traffic stop. Taylor stated, “I don’t think that makes me more less safe than someone eating a hamburger, putting makeup on, reading their newspaper on the steering wheel or reading a novel as they drive down the road. I’m much safer than those people.” Taylor’s amendment did not pass, however.

The ban will save lives

Zaffirini read to other senators the names of people injured or killed because of texting while driving, also noting police did not witness the accidents thus countering aspects of Taylor’s amendment. Sen. Joan Huffman, R-Houston, agreed that, though the law may not stop texting while driving, it may cause hesitation. “If this saves the life of one teenager who decides ‘I’ll wait til I’m at the stoplight’ or, ‘I’ll wait until I pull into Sonic and then I’ll text,‘ then we’ve accomplished what we set to accomplish,” she said.

For Dallas attorney Ben DuBose, the law’s passage is a significant step in the right direction. “I’ve represented clients whose lives were nearly destroyed by distracted driving. “No law is perfect,” says DuBose, “but lives will be saved now that texting and driving is against the law in Texas.”

DuBose Law Firm, PLLC
principal office address:
4310 N. Central Expressway
Dallas, Texas 75206
Phone: 214.389.8199
Fax: 214.389.8399
Sponsored by Attorney Ben K. DuBose, licensed in TX, OK, PA