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TEXAS TRIAL LAWYERS REVIEW
AUGUST 2019
SAN ANTONIO | AUSTIN | EDINBURG | HOUSTON | LAREDO | DALLAS | EL PASO | CORPUS CHRISTI
A Not-So-Dogged Personality
Meet Our Emma
Seeing as we’re in the “dog days of summer,” I thought I’d make this article a sendup to man’s best friend. Dogs have been a part of my life as long as I can remember — my first was in our household when I was just 6 months old. But, of all the canine friends I’ve had over the years, none have been quite as interesting as Emma. We adopted Emma, a boxer-lab mix, about nine months ago. She came named and fully grown, with plenty of personality. Like most dogs, Emma is very sweet. She does have a very scary bark, but the moment she gets to know you she goes back to her lovable, bouncy self. None of this surface level behavior is that out of the ordinary. But the more I have gotten to know Emma, the more I suspect she might think she’s a cat. Now, I’m not a big believer in a dog’s personality being purely dictated by their breed. Over the course of my life, I’ve looked after everything from Dobermans to Chihuahuas, and each one was definitely their own unique individual. Still, basically all of them checked off the boxes we’d consider “normal” dog behaviors, but not our Emma. First and foremost, Emma isn’t a digger. Even when she’s in the yard without someone keeping a close eye on her, she doesn’t try to get away with it. As someone who had a dog named “Digger” in the past, this was really surprising to me. I’m happy I don’t have to worry about my lawn getting torn up, but it’s still jarring to see a dog her size be totally uninterested burying stuff.
The second piece of evidence Emma may have been raised by cats is her complete aversion to water. No matter how hot it gets, this dog is not going for a swim. It doesn’t matter if we bring her to a pool or the beach, Emma keeps her paws firmly planted on dry land — sometimes I wonder if she even knows how to doggie paddle. Even baths or getting hosed down cause her stress. But by far the most cat-like behavior Emma exhibits is the way she’ll lay on cushions. It doesn’t matter how small a pillow or mat you
put on the ground, she’ll try to lay on it — and not in a comfortable, lounging sort of way. Emma will curl herself up into the tightest ball she can to fit on the cushion, even if it’s only a throw-pillow. It’s one of the strangest things I’ve seen a dog do, especially given her long legs and lanky body. But, hey, if she enjoys it, who am I to judge?
incredibly loyal, undemanding companions over the years — each in their own way. Maybe that’s what we as humans could stand to learn from our best friends: Being content and supportive of those around us doesn’t mean giving up our individuality. We can all find ways to help and love one another while being ourselves.
No two dogs I’ve ever met have been the same, and Emma certainly is no exception, yet they’ve all been
Here’s to the ways our pets train us,
–Alex R. Hernandez Jr.
“The more I have gotten to know Emma, the more I suspect she might think she’s a cat.”
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As a firm, we’re proud to serve so many communities throughout the Lone Star State. But with hurricane season ramping up, we wanted to take the time to address our friends along the Gulf Coast. At the time of writing, we are hoping for a storm-free year. But, in the spirit of hoping for the best and expecting the worst, here are some important safety tips. Stay Safe This Hurricane Season Hurricane Safety Tips The best way to proactively protect you and your neighbors’ homes from damage is to store outdoor objects safely inside — lawn furniture, yard ornaments, and umbrellas can become dangerous projectiles in high winds. Next, board up your windows and have sandbags stationed inside near your front and back doors in case of flooding. Finally, keep interior doors closed for the duration of the storm — roofs are most commonly blown off when hurricane force winds enter a home and build up pressure. If a window or entryway door gives way, having extra barriers inside your house will disperse the pressure and make losing your roof less likely. Hurricanes like Harvey and Katrina have shown us that the storm itself isn’t always the biggest threat. The days and weeks afterward, without access to power, emergency services, and clean water, can prove deadly. Stock up on at least three days’ worth of nonperishable food and water for every member of your household, as well as extra medication for those who need Protect Your Pooch Know How Texas Dog Bite Laws Work As you can tell from Alex’s letter this month, we’ve got our fair share of dog lovers here at the firm! So, to do our part to protect our furry friends and their owners, we wanted to break down Texas dog bite laws. You see, if you don’t take proper precautions for your pooch, you could be liable for serious sums of money and may even face criminal charges. PLAN FOR THE AFTERMATH PROTECT YOUR HOME
There is no shortage of crazy cases that come through a court of law, but those revolving around personal injury can be especially surprising. Whether it’s a slip- and-fall accident or something a little more eccentric, there are a million ways to hurt yourself while simply going about your day. The problems arise when it’s determined to be another party’s fault. Let’s take a look at some notably strange cases where bizarre miscalculations led to injuries and ailments. THE RIGHT PLACE AT THE WRONG TIME A Look at Some Interesting Personal Injury Cases Time spent in the restroom is inherently private. We don’t normally talk about it, but that’s not the case for a Pennsylvania woman who experienced a traumatic event during a routine trip to the lady’s room. In 2007, a schlocky horror plot came to life in a building along Philadelphia’s famous Market Street. The culprit was a faulty plumbing system. The woman was inside a restroom stall on the eighth floor, and, as she sat on one of the old toilets customary in the building, pressure building from inside the tank caused a massive explosion that sent her body hurling out of the stall. You don’t need to know the details of her injuries to understand the extent of her grievances. Some forms of suffering are better left to the imagination, especially if the aggressor was a literal stink bomb. She sued the building’s landlords for anxiety, pain, and medical expenses, but it’s hard to determine which party was truly at fault without more information. You can’t predict the weather, no matter what your weather app says, but some people tend to forget that. A few years ago, an Israeli weatherman was faced with a lawsuit by a woman who claimed his inaccurate forecast caused her a great deal of suffering. She claimed he misrepresented a particularly harsh day in the forecast, and it encouraged her to wear insufficient layers that left her health to the whim of the elements. As a result, the woman caught the flu from the downpour and missed work for four days. Citing lost income, large medication costs, and tremendous anxiety, she sought reparations from the fraudulent weatherman and was amazingly awarded a four-figure settlement! IT’S RAINING CATS AND DOLLARS AS BELOW, SO ABOVE
THE ONE BITE RULE
Unlike most states, Texas doesn’t have a specific dog bite statute. Rather, the law follows the 1974 Texas Supreme Court ruling Marshall vs. Ranne, which established what is known as the “one bite rule.” Under this rule, owners are deemed liable any time their pet injures another person. However, the injured party cannot recover compensation unless the dog has bitten another person before, or at least attempted to do so.
NEGLIGENCE
Your dog’s bite isn’t the only avenue that could land you in legal trouble, however. While someone may not be able to pursue a personal injury claim against you for a one-off bite, they can take you to court for being negligent. For instance, if you didn’t have your dog restrained on a leash or fenced in at
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TAKE A BREAK
it. Have cash handy, since ATMs and card readers will likely be down for at least several days. And finally, avoid driving or walking through flooded areas. They may be deeper than they appear and could be electrically charged by submerged powerlines.
SENEGALESE LAMB SKEWERS
BE EVACUATION-READY
The best way to keep you and your family safe during a hurricane is to not be there when it makes landfall. Know which routes you can take to get inland, including detours in case of road closures. Also, keep a “go bag” in your car with water, nonperishable food, and other essentials — traffic during an evacuation may keep your family in the car for quite a long time. Finally, if your pets won’t be able to come with you, contact your local Humane Society ahead of time to find out about pet shelters.
Inspired by Food & Wine Magazine
Adapted from a recipe by famed Southern chef Sean Brock, these skewers are seasoned in a Senegalese style and served alongside mustard-flavored onions.
INGREDIENTS
For the lamb: •
For the onions: •
2 lbs. trimmed leg of lamb, cut into 1-inch cubes 1 tbsp peanut oil, plus more for grilling Salt and black pepper, to taste
1/2 cup distilled white vinegar
the time of the bite, they can argue you didn’t do enough to stop the attack from happening. This means you may be facing civil charges, and, in some cases, criminal charges.
• • • •
1/2 cup Dijon mustard 1/2 tbsp agave nectar
•
1 yellow onion, thinly sliced Salt and white pepper, to taste
•
CRIMINAL CONSEQUENCES
EQUIPMENT
In cases where your dog causes serious bodily harm or death, you could face criminal negligence charges. The same is true if your dog has been deemed “dangerous” by animal control, and attacks someone outside of their enclosure. When faced with these serious charges, having an expert Texas defense lawyer on your team can help keep you and your pet safe.
•
Bamboo skewers
DIRECTIONS
1. In a bowl, coat lamb with 1 tbsp oil and generously season with salt and pepper. 2. In a mixing bowl, whisk together vinegar, mustard, and agave nectar. Toss in onions and season with salt and pepper.
THE HUMAN ELEMENT
Remember, most dogs are gentle by nature and usually only attack when they feel frightened or threatened. All of the civil and criminal charges above assume your pet attacked unprovoked, so if someone was being rough or intimidating to your dog before the bite, the onus is on them. Still, it’s best to keep even good-natured dogs fenced in or on leashes while in public. That way you and your pet can avoid a costly incident.
3. Heat a grill or grill pan to medium and oil the grates. 4. Thread lamb on skewers and grill for 6–8 minutes. 5. Serve alongside onions.
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INSIDE
1. Alex’s Interesting Dog
2. Bizarre Personal Injury Cases
2. Stay Safe This Hurricane Season
2. How Texas Dog Bite Laws Work
3. Senegalese Lamb Skewers
4. The Art of Stargazing
THE ART OF STARGAZING
Modern humans are stuck in a routine of expected and constant industriousness. But with all this rushing, people often drag themselves home at night with no energy left to enjoy the most splendid show nature has to offer: the wondrous night sky. Most people go through life looking straight ahead, but if they would stop and peer skyward, they’d bear witness to a massive, unexplored frontier made up of the moon in all its phases, burning stars sailing through the sky, constellations with epic origin stories, and meteor showers bright enough to warrant sunglasses. If you’re looking for a hobby to help you slow down and appreciate the world around you, stargazing is a great option. Here are some tips to get you started. 1. The Higher, the Better If you’re a city dweller, meander a little way out of town or try to find a tall building to keep the light pollution to a minimum. 2. Extra Set of Eyes While novice stargazers often want to immediately throw their money at a new telescope, astronomy experts recommend starting with binoculars instead. You’ll need to identify several anchor planets or constellations to help you navigate the sky before using a telescope.
unique benefit for aspiring stargazers. For example, Starwalk lets you point your phone at the sky to see stars, constellations, and planets in real time based on your location. 4. Mark Your Calendar In 1972, beloved singer-songwriter John Denver wrote about a meteor shower he witnessed during a camping trip in Colorado. He describes the scene by singing, “I’ve seen it raining fire in the sky.” The “fire” he recounted was actually the Perseids meteor shower, the most recognized shower on Earth. This astrological wonder takes place every year from July 17 to Aug.24. During this time, viewers should be able to see shooting stars associated with the Perseids, but the shower reaches its maximum rate of activity on Aug. 12–13 this year. Grab some friends
and family, and head outdoors to put your newfound stargazing knowledge to work.
3. Utilize Assets Put your phone to good use by downloading apps like Stellarium, Starwalk, and Google Sky Map. Each of these apps offers a
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