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Questions Answered by Justin Charles Roberts

2 Answers | Asked in Products Liability for Texas on

Q: What is the difference between manufacturing, design, and marketing defects? Do I have to prove all three to win my

product liability case?

Justin Charles Roberts answered on Nov 12, 2018

The short answer is 'no.' These are each distinct theories of liability against a manufacturer.

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2 Answers | Asked in Personal Injury for Texas on

Q: If I slipped and fell due to a puddle of water in a grocery store, can the store argue I was partially to blame because

I was texting while walking and too distracted to see the puddle as a way to get around paying for my medical bills?

Justin Charles Roberts answered on Nov 12, 2018

As always, the individual facts and circumstances of your case will affect the answer. However, Texas law generally recognizes the idea of comparative fault, meaning that your recovery can be reduced in proportion with your fault for the injury. If you are found to be 51% or more responsible for... Read more »

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9 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Texas on

Q: My son was killed by a semitruck driver who was on the job when he ran a stoplight. Do I sue the driver, the truck's

owner, or the truck company the driver worked for? Can I sue all three?

Justin Charles Roberts answered on Oct 29, 2018

You need to hire a lawyer immediately to answer these questions. Semi-truck accidents are particularly time-sensitive, given that companies will automatically destroy driver logs and other important evidence as part of their normal business cycle. This destruction may occur before you're able to... Read more »

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1 Answer | Asked in Personal Injury for Texas on

Q: My insurance company just informed me that they determined I'm partly at fault - I can still get compensated, right?

Justin Charles Roberts answered on Aug 31, 2018

Without knowing more about your situation, the appropriate answer is that "it depends." The key thing to know is that Texas has adopted a "proportionate responsibility" scheme. What that means is that your compensation can be reduced by the percentage of fault that is attributed to you. So, if you... Read more »

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Texas on

Q: I have full coverage insurance and had an accident only involving my car,my insurance said they are not liable

I was driving my car when the drive shaft broke off,as a result I lost control of my car and had to break hard and suddenly to prevent an running into anything. My children and I both are experiencing whiplash..pain in neck/head,stiffness ect. I called my insurance because I wasn't sure what to... Read more »

Justin Charles Roberts answered on Jul 30, 2018

In short, I would call a local personal injury lawyer to discuss this issue. It seems that you simply don't have anything for your insurance company to reimburse you for, given that you don't have any medical treatment or damage to your vehicle.

As a more general matter, be careful to check...
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1 Answer | Asked in Products Liability for Texas on

Q: Can I bring a product liability action if I was injured by a product I borrowed from my friend, and did not pay for?

Justin Charles Roberts answered on Jul 18, 2018

In most states, a borrower of a product is able to bring a product liability action. Notably, this has not always been the case. The law used to require a contractual relationship of some sort between the injured individual and supplier of the product in order for the injured person to bring a... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Texas on

Q: Can I fired my attorney from a 18 wheeler accident and he hasn't done anything for close to 3 yrs now

Yes I feel my lawyer hasn't done much for me and need help .

Justin Charles Roberts answered on Jul 30, 2018

It's very much worth contacting your attorney to sit down and discuss your case. Very often, your lawyer is doing a lot of background work that may not be evident (though a lawyer should generally keep his or her client informed throughout the process). This may be particularly true on an... Read more »

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1 Answer | Asked in Personal Injury for Texas on

Q: I got bit by a dog in a city park. Can I sue the city for my injuries if I don't know who the dog's owner is?

Justin Charles Roberts answered on Jul 7, 2018

Without more facts, this is a difficult question to answer. In order to file a legitimate claim against the city, you would need to determine whether the city has liability (i.e., whether the city itself did anything wrong). Keep in mind that governmental entities, including cities, have extensive... Read more »

1 Answer | Asked in Personal Injury and Entertainment / Sports for Texas on

Q: Question about dealing with dishonest practices by a Austin based company, Megolamedia. Want to know if I have a case.

I was on this season’s Skin Tight Show. Due to complications, my second surgeries were postponed. My surgeon called me at 3:00 Friday afternoon. They had gotten a call from TLC’s Megolamedia saying that they are not paying for my second surgeries, & they cancelled my surgery at the hospital... Read more »

Justin Charles Roberts answered on Jul 7, 2018

Without more information (including seeing the agreement), it's difficult to determine whether or not you have a case. However, it generally sounds like you may need an attorney who can handle breach-of-contract cases, or potentially an attorney who can handle claims under the Deceptive Trade... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Texas on

Q: Do you have to participate in a deposition. Or can you just participate in mediation,car accident case

Justin Charles Roberts answered on Jul 7, 2018

The attorneys on here will need a bit more information to answer your question. If I read it correctly, you're wondering whether you can file a lawsuit stemming from a car accident, then bypass the deposition process so that the case can get resolved at mediation. Unfortunately, that's not common... Read more »

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1 Answer | Asked in Products Liability for Texas on

Q: Can I sue if a pharmaceutical drug I took caused severe negative side effects?

Justin Charles Roberts answered on Jun 26, 2018

This answer is somewhat complicated, but generally speaking, a drug manufacturer may be liable if they manufactured the drug incorrectly, concealed dangerous side effects of the drug, or failed to provide proper warnings about the drug. For example, a manufacturer of a blood thinner medication may... Read more »

1 Answer | Asked in Personal Injury for Texas on

Q: Can the owners of the apartment complex be held liable for not securing their premises?

My daughter, after coming home from work around midnight, and after parking her car in her gated apartment complex. was held up by 3-4 guys, choke held her and snatched her bag. When she tried to pursue them as they fled, they came back to stop her by shooting a gun grazing her chin. Then the... Read more »

Justin Charles Roberts answered on Jun 26, 2018

While I cannot speak to your specific case without more information, I can tell you that tenants are entitled to expect that an apartment complex will be reasonably safe. A property manager has certain duties with regard to the safety of tenants on the premises, including providing adequate... Read more »

3 Answers | Asked in Car Accidents for Texas on

Q: How long after an accident can you still file a lawsuit against the other driver?

Justin Charles Roberts answered on Jun 26, 2018

Every state has a legal deadline that is referred to as a "statute of limitations." This is the legal deadline by which you must file a lawsuit related to a potential legal claim. For bodily injury claims, Texas law provides that you generally have a two-year window in which to file a lawsuit after... Read more »

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2 Answers | Asked in Wrongful Death for Texas on

Q: Can a boyfriend bring a wrongful death lawsuit on behalf of the girlfriend?

Or do you have to be family to bring the suit?

Justin Charles Roberts answered on May 24, 2018

Under Texas law, only a spouse, child, or parent of a deceased individual may bring a wrongful death claim. To that extent, Texas law does not recognize a wrongful death claim arising out of a dating relationship.

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