Houston Personal Injury Attorneys – Smith & Hassler

A crowd surge at the Astroworld Music Festival during Travis Scott’s headline performance in Houston on Friday, Nov. 5, 2021, resulted in at least 8 fatalities and hundreds of injuries, according to multiple news reports.

The fatal crowd surge took place shortly after 9 p.m., leaving hundreds of audience members who were near the stage with nowhere to escape.

The tragic scene included screams, blood, and people falling to the ground after losing consciousness because they couldn’t breathe.

Dozens of victims were transported to area hospitals to treat crush injuries, and some suffered cardiac arrest.

A field hospital that was set up near the festival also treated hundreds of the victims.

Sadly, this isn’t the first time a fatal crowd surge accident has occurred at a sold-out concert or event. In this case, more than 50,000 people were at the festival, all standing within close proximity of one another. When a group within the crowd pushes forward from the back, other audience members get pressed at the front. With nowhere to go except into each other, the stage, or a barricade, severe and fatal injuries can occur.

The cause of the incident is still being investigated, but someone will need to answer for what happened. The attorneys and staff at Smith & Hassler send our thoughts and prayers to the victims of this tragedy, and we are ready to help anyone who was affected.

If you were injured or a loved one died at the Travis Scott concert during the Astroworld Music Festival, we are here to listen to what happened, answer your questions, and give you a clear understanding of your legal rights and options during a free, confidential consultation.

Previously, Texans who wanted to carry a handgun (whether open or concealed) in public would have to obtain a state-issued License to Carry, which in turn required training, a proficiency exam, and a background check. This new law will allow anyone 21 and older to carry in public without a permit, so long as they are not barred from possessing a firearm in general by another federal or state law (convicted felons, for instance).

At Smith & Hassler, we strongly support the Second Amendment right to keep and bear arms. We are concerned, however, that the new law may lead to an uptick in unintentional shootings, and Texans need to know their rights if they’re injured.

Understanding the causes of “accidental” shootings

First, remember that there are no truly accidental shootings. Every firearm-related incident can be traced to a decision someone made to handle or store a gun carelessly. With the right to own a firearm comes the responsibility to handle that firearm in a safe manner, and unintentional shootings result when those responsibilities aren’t met. Some of the key principles of firearm safety include:

• Assume every weapon is loaded, even if you “know” it isn’t.
• Muzzle awareness: never point a gun at something you don’t intend to destroy.
• Trigger discipline: keep your finger off and away from the trigger, outside the guard, until ready to fire.
• Be sure of your target and don’t shoot until you know what you’re shooting at.
• Alcohol and gunpowder should never mix.

These principles and more are part of the training required for state-issued permits under the previous law. The LTC training also includes the use of restraint holsters and methods specifically to carry a handgun securely. With the requirement to get a license lifted by HB 1927, there will likely be more people armed with pistols and revolvers in public places throughout Texas who lack this training in firearm safety, creating the potential for more unintentional shootings.

Your legal rights if you’re shot accidentally

In general, unintentional shootings are covered under the shooter’s homeowner’s insurance, if they have it. Firearm safety falls under the more general responsibility property owners have to ensure that their property is safe. Depending on the circumstances, a gun range or trainer may also be held liable for a shooting that occurs due to their negligence. Gun manufacturers are generally not liable for unintentional (or intentional) shootings with their products, since the gun itself did what it was supposed to do; however, if a gun misfires or explodes because of shoddy manufacturing or malfunctioning parts, the manufacturer may be responsible.

Under Texas law, people injured by negligence, including negligent discharge of a firearm, have recourse through the civil justice system. You can pursue compensation for your medical expenses, lost wages, pain and suffering, and other costs that resulted from the shooting. Pursuing accountability through the civil justice system also sends a strong message that we take firearm safety seriously here in Texas.

If you’ve been hurt in an unintentional shooting, we’d be honored to listen to your story and explore your legal options. The consultation is free and there’s no obligation to take any legal action, just candid answers about your legal rights. Contact Smith & Hassler today to speak with an experienced Houston accidental shooting attorney.

On April 14, we were rocked by the news that the lift boat Seacor Power had capsized in the Gulf of Mexico, south of Port Fourchon, Louisiana, with 19 crew members aboard. On April 19, we were saddened to hear that the Coast Guard would halt the search and rescue process, with six of the crew rescued, five confirmed dead, and eight still missing.

Unfortunately, some risk is inherent in maritime work, but maritime companies also have a legal responsibility to keep their employees safe. While the reasons the Seacor Power capsized are still under investigation, the incident underscores the importance of seamen’s rights under maritime law – and the need for those rights to be protected.

Ships capsize for many reasons, but most are linked to negligence

Even a large and well-engineered vessel can capsize under some circumstances, and most such accidents are preventable. The main reasons ships capsize include:

• This was a major factor in the Seacor Power’s capsizing, with 80 to 90 mph winds and seven- to nine-foot seas at the time the vessel overturned. While no one can control the weather, weather-related incidents are often preventable. Storm tracking and navigation allow ships to avoid hazardous situations, and ships themselves can be engineered to cope with storms and rough waters. It’s also important to rapidly react to changing circumstances at sea.
• When a ship collides with a dock, bridge, rock, reef, or another vessel, a hole can be ripped in the hull. A ship that starts taking on water is at immediate risk of capsizing.
• Taking on water starts a chain reaction that can result in sinking or capsizing. The more water a ship takes on, the less buoyant it becomes, which causes it to sink deeper and potentially take on more water. Flooding can occur due to weather, collisions, or leaks in the hull.
• Shifting cargo. When cargo isn’t properly secured, it can move around below decks. When enough weight moves to one side or the other, the entire ship can become unstable and overturn.
• Human error. Ultimately, it’s the responsibility of both the maritime company and the captain of the ship to make decisions that minimize the risk of capsizing.

Victims and their families have legal rights

When a ship capsizes and seamen are injured, they have recourse under the Jones Act, as well as general maritime law. The Jones Act allows injured seamen to take legal action against their employers to recover damages (financial compensation) for lost earnings and lost earning capacity; past, present, and future medical expenses; and pain and suffering. These damages can be substantial, particularly if an injured seaman is left permanently disabled or develops a medical condition, such as chronic pain.

In addition, the Death on the High Seas Act (DOHSA) allows families who have lost a loved one to recover “pecuniary damages,” meaning losses the family members have sustained due to the death that can be calculated with a degree of precision. For instance, it’s possible under the DOHSA to recover damages for lost financial support provided by the person who died, but not for loss of intangibles, such as care and companionship. However, the Jones Act provides significantly more expansive death benefits when the deceased seaman’s employer is responsible for the death. For instance, if a seaman dies in a collision between two vessels, the deceased seaman’s family could take legal action against the seaman’s employer under the Jones Act and the other ship’s owner under the DOHSA.

On the other side of a personal injury or wrongful death claim is the Shipowner’s Limitation of Liability Act, which the owner of the ship can invoke to limit their liability to the post-accident value of the vessel. When a ship capsizes or sinks and becomes worthless, this is potentially devastating. However, the Limitation of Liability Act has its limitations, and an experienced maritime injury lawyer can take legal action to defend against petitions to limit liability.

In short, if you were hurt or lost a loved one when a ship capsized, you need to seek legal advice right away. Our attorneys will listen to your story and work with you to determine your best path forward under maritime law. We would be honored to discuss your legal options in a free consultation.

I’m hurt and I need a lawyer, but I can’t afford to pay one. What should I do?

We hear this question all the time, and two terms that get thrown around to answer it are “pro bono” and “contingency fee.” Here’s what you need to know.

What does “pro bono” mean?

Pro bono is a Latin phrase meaning “for the public good.” An attorney who does pro bono work does so for free, without any expectation of pay regardless of the outcome, typically for people who can’t afford an attorney any other way. Lawyers can work pro bono in more or less any area of law.

Pro bono work is an important part of the legal profession, but it’s not the way most personal injury victims get compensation for their losses. There are a lot of costs that go into moving a personal injury case forward—hours of research, hiring experts, court costs, depositions, and more—and law firms that represent injured people need to cover their expenses and keep enough resources on hand to handle the next case. Rather, the legal work that goes into successfully resolving a personal injury claim is usually done on a contingency fee basis.

Okay, so what’s a “contingency fee”?

A contingency fee is an arrangement where the lawyer’s fee depends on the outcome of the case. When you hire a lawyer on a contingency fee, you agree to pay a percentage of the recovery as the attorney’s fee, typically one-third. The lawyer takes on the case at their own expense, paying the costs required to move the case forward. If you don’t win, you don’t owe your lawyer anything. In other words, the attorney assumes the risk of not getting paid but does not expect to work for free.

Unlike pro bono work, contingency fees are only allowed in certain areas of law, most commonly personal injury, medical malpractice, wrongful death, workers’ compensation, disability, and similar. The vast majority of cases we handle at Smith & Hassler are on a contingency fee basis.

Why do personal injury lawyers work on a contingency fee basis?

Nobody plans on getting hurt in a car accident, slip and fall, or other incident. In most cases, people who have a valid personal injury claim are also in a terrible position to afford to pay a lawyer. You’re injured, you have medical bills piling up, you’re not able to work, you need to repair your car… the last thing you need is a bill from an attorney. We don’t want to charge you anything upfront because we believe in equal protection under the law and equal access to the civil justice system. You have rights, and you should be able to exercise those rights regardless of your ability to pay.

Working on a contingency fee also means we’re laser-focused on results. We don’t get paid by the hour; we only get paid if we can get a positive outcome for our client. We get deeply invested in our clients’ cases, share in the victory if they win, and assume the risk if they lose.

In short, when you hire a contingency fee lawyer, you’re getting a strong ally and advocate for your interests from start to finish.

What should I keep in mind when hiring a lawyer on a contingency fee basis?

Not every contingency fee agreement is the same. Contingency fees vary from law firm to law firm in terms of the percentage of the recovery to be charged, as well as responsibility for other costs associated with the case (like court costs and filing fees). It’s important to understand all those details before you hire a lawyer. When we meet with a prospective client, we put in the time to review the contingency fee agreement in detail, answer any questions and make sure you know what you’re signing.

In short, you have nothing to lose by talking to a lawyer about your options, and potentially much to gain. We’d be happy to meet with you and discuss your legal options, as well as our contingency fee agreement, during a free consultation.