Worker Wins Verdict based on West Nile Virus

This summer, Texas has experienced unprecedented levels of West Nile virus. Disconcertingly, instances of the potentially deadly disease have been found in North Texas counties where West Nile had never previously been recorded. In fact, the situation has grown so severe that Dallas County officials engaged in aerial spraying for mosquitos for the first time since the Johnson Administration.

Is an employer responsible if a worker is exposed to West Nile virus-carrying mosquitos and contracts the disease? To the surprise of some, a Texas jury concluded earlier this week that the answer was yes. In fact, the DeWitt County jury found that Union Pacific was 80 percent responsible for the damages suffered by a worker who was exposed to the virus during the course of his duties and was not offered protection such as repellant. Ultimately, the worker was awarded a verdict that reached nearly $1,000,000.

Are you concerned that you or a loved one contracted West Nile virus while working at your job? While the road to medical recovery may be difficult, the road to legal recovery may be easier than you might have first assumed. Worker safety is important. If you were injured as a result of your employer’s carelessness, you may have a viable claim. To find out what steps you should consider, talk to the dedicated professionals at Fears | Nachawati. For your free consultation, call us at 1.866.322.6898 or email us at http://www.fnlawfirm.com/contact.cfm.

Important Legal Doctrine at Issue in Accident near Apartments?

The phrase “respondeat superior” may sound Greek to you, but this Latin word can have important legal consequences. In short, the doctrine of respondeat superior means that an employer may be held responsible for the careless or reckless decisions of its employee.

Is this legal doctrine at work in the recent accident that occurred near Dallas’s Oasis Apartments? It could be. According to reports, last week a resident of the complex ran after a tow truck that was carrying away his car, presumably for committing a parking infraction. Whatever the reason, what happened next was horrifying: the tow truck driver ran over the man chasing after him – and drove away from the accident scene.

Two questions are particularly important in this case: first, did the tow truck driver act with reasonable care and second, was he acting with the scope of his employment? If the first answer is “No” and the second answer is “Yes,” the facts may be sufficient to trigger the doctrine of respondeat superior – and the employer’s liability.

Have you been in an accident with a commercial driver, such as a delivery person, tow truck driver, or 18-wheeler driver? The doctrine of respondeat superior may be at work in your case, too. Find out what that means for your potential recovery by contacting the attorneys and professionals at Fears | Nachawati. For your free consultation, call us at 1.866.322.6898 or email us at http://www.fnlawfirm.com/contact.cfm. We can help!