Earlier today, an explosion occurred at an Amerigas Cylinder Exchange Facility in Conroe, Texas, which is reported to have caused six or more people to suffer from burns and possibly other injuries, according to Life Flight officials and as reported by ABC 13.
While the origins of the explosion have yet to be confirmed, officials with the Montgomery County Sheriff’s Office have confirmed that the explosion occurred at 12:25 p.m. and injured a number of people.
Being involved in an explosion can cause a person to sustain severe and life-threatening injuries. When these accidents are the result of someone’s negligence, victims may be able to pursue compensation for their losses. To learn more, contact the Houston explosion lawyers of Williams Kherkher at (888) 220-0640 to discuss possibly taking legal action.
Baylor University recently awarded the 2012-13 Baylor University Meritorious Achievement Awards–Alumnus of the Year award to Williams Kherkher’s managing partner John Eddie Williams, Jr.
Williams, both an undergraduate and law school graduate from Baylor University, began his studies at the school in 1972. At Baylor, Williams became both a celebrated athlete and academic as a member of the Baylor football team and as editor-in-chief at the Baylor Law Review. He also achieved high academic success graduating first in his law school class.
As a proud alumnus of Baylor University, Williams is proud to see the University growing to its potential and emerging as a leading school in the state of Texas with both additions to their athletic program and other contributions to their academic programs. If you would like to learn more about Williams’ life at and contributions to Baylor, as well as his work as a Houston personal injury lawyer at Williams Kherkher since graduating, read more here.
Hurricane Sandy, or “Frankenstorm” as some have dubbed it, has barely passed, and already many are estimating that the damages from the storm could cost businesses and homeowners as much as $20 billion. Fortunately, for most of those who have seen their property damaged or destroyed by the hurricane, insurance claims may help to relieve much of the burden posed by these damages. However, getting these claims honored is not always as simple of a process as it should be.
Those who have just been through this disaster deserve to be treated with respect and fairness. Unfortunately, many insurance companies are more concerned with limiting their liability than making sure that their customers get the compensation to which they are entitled. In these circumstances, the assistance of a qualified Hurricane Sandy insurance claims lawyer can be essential to helping those most in need get their due.
At Williams Kherkher, our experienced legal team fights to ensure that all of our clients get the treatment they deserve during difficult times. If you or someone you know has suffered damages from Hurricane Sandy but your insurance company is refusing to give you the compensation you need, we can help. Contact our Hurricane Sandy insurance claims lawyers today at (888) 220-0640 to learn more about what we may be able to do for you.
Earlier today, a BP spokesman and officials from Texas City reported that a fire broke out in a residual hydro treater unit at the oil company’s refinery in Texas City.
While no cause has yet been discovered for the fire and the fire was still being dealt with around 2:30 p.m., about an hour after the initial report of the fire, no refinery workers are reported as missing or trapped in the building. At the time of the report, there were also no injuries reported.
Fortunately, the workers at this BP refinery were able to escape physical injury; however, fires and explosions can be devastating accidents in which many people can sustain serious injuries. If you or a loved one has suffered harm in a similar situation or due to a fire that occurred as a result of someone else’s negligence, call a Houston personal injury lawyer from Williams Kherkher at (888) 220-0640 to discuss your legal options.
The legal team at Williams Kherkher is very proud to announce that two of our own lawyers, Sejal Brahmbhatt and Margret Lecocke, have been selected as Super Lawyers 2013 Rising Stars, a prestigious title awarded only to attorneys who have been recognized as outstanding in their field of practice.
Each year Super Lawyers, an attorney rating system that distinguishes preeminent lawyers in a variety of practice areas based on peer recommendations and a strict ratings system, chooses from a pool of nominated lawyers to select those lawyers who are considered to be the best in their fields. Of all those chosen each year, only about 2.5% of all lawyers in a state receive the title of “Rising Star”.
After being nominated by their peers, the attorneys are run through a rigorous evaluation process based on twelve areas of achievement and peer recognition, such as experience, representative clients, and honors or awards. Based on this, candidates are awarded points, and those with the highest points review and rate other nominees from their own practice area. Finally, those attorneys who have the highest number of points at the end of this process are selected as Super Lawyers’ Rising Stars.
Having not one, but two Super Lawyers 2013 Rising Stars on our team is a high honor, and the team at Williams Kherkher congratulates Brahmbhatt and Lecocke for their accomplishments.
At Williams Kherkher, we are proud to do our part in giving back to the local community in any way we can, from hosting community blood drives to donating time and resources to the Houston Police Department and Police Officers Union.
This past weekend, I had the pleasure of participating in the second annual Houston Walk for Mental Health, which helped to raise money and awareness for Houston-area mental health services. This walk is an incredible event that over 300 people participated in this year, and benefits close to 20 valuable mental health agencies in the Houston area. In addition to taking part in this important event, I became a sustaining member of Houston Public Radio, providing monthly financial assistance to ensure that quality radio programming remains available for all Houston residents. Houston Public Radio relies on listener support to fund operations, providing an incredible opportunity for listeners to connect with and help support this valuable station.
On Wednesday, October 12, 2012, Williams Kherkher Law Firm hosted their first CLE. This three hour free Continuing Legal Education seminar included entertaining and educational information on a variety of legal topics. Presentations included Opening Statements: Show the Movie, Forget the Credits, Personal Injury (Jim Hart / Steve Kherkher), Pharmaceutical Update (Margret Lecocke / Sejal Brahmbhatt), Internet for Lawyers (Joe Devine), Ethics (Harry Potter), and Appellate Law (Richard Hogan). Speakers at the event included attorneys with Williams Kherkher Law Firm, other attorneys in the Houston area, and professionals from other related fields.
You have the right-to-know of any dangerous or hazardous chemicals that you may be working with or around in your current occupation. Being a safe worker involves more than just doing the right thing, watching out for yourself, and being well trained in hazardous response measures. It includes ensuring that your co-workers work safely, watch out for each other, and understand your employer’s hazardous response policies. A great training program will assist in making your place of employment a safer place. A component of that training program may include the Hazard Communication Standard (HCS). Your understanding of hazardous communications could save your life and the lives of many of your co-workers. The Hazard Communication Standard was designed by the Occupational Safety & Health Administration (OSHA) to ensure that information about chemical hazards and the associated protective measures were properly disseminated by employers to employees. The standard provides you the right-to-know that hazards and identification of the chemicals that you are exposed to in your workplace. You want to have this information to be able to participate in your employer’s protective programs and to know what steps to take to protect yourself.
You should receive training. Employers must train employees at the time employees are assigned to work with a hazardous chemical. The training program must be a forum for explaining to employees the hazards of the chemicals in their work areas, as well as how to use the information generated in the hazard communication program. Training should be comprehensible and can be in categories of hazards (e.g., acutely toxic agents, carcinogens, sensitizers, etc.) that may be encountered by an employee during the course of their duties. Additional training may be required whenever a new physical or health hazard is introduced into the work, not necessarily a new chemical. The training provisions of the Hazard Communication Standard are not satisfied by an employer just giving an employee a Material Safety Data Sheet (MSDS) to read. You should be trained to be aware of work practices, measures used to protect your self and others, emergency procedures, and the personal protective equipment to be used. As an employee you should also know what a Material Safety Data Sheet is, know where they are located, have access to them, and be able to use the information provided to you in the Material Safety Data Sheet – which can save lives.
A Material Safety Data Sheet is a quick reference during hazardous response procedures. Hazard information must be transmitted on a Material Safety Data Sheet and must be distributed to the customer at the time of the first shipment of a potentially hazardous product. Although, Material Safety Data Sheet formats may vary, they are widely used to catalog information on chemicals, chemical compounds, and chemical mixtures. Pursuant to OSHA, a generic Material Safety Data Sheet must have minimum requirements, to include the name, address and telephone number of the responsible party preparing or distributing the Material Safety Data Sheet, who can provide additional information about the product or material. A Material Safety Data Sheet will include information such as physical data (e.g., flash point, boiling point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures. It may even include information regarding the safe use of the specific product or material. The intended primary focus of a Material Safety Data Sheet is regarding the hazards of working with specific material in an occupational setting. As a convenience, Material Safety Data Sheets may be maintained on a computer by your employer. However, employees must have access to the computer in their work areas(s) for the employer to be in compliance with the standard.
You should ensure that your workplace has an effective Hazard Communication (HAZCOM) Program. There are four (4) minimum components that any Hazard Communication Program should have, to include:
- A Written Plan. All workplaces where employees are exposed to hazardous chemicals must have a written plan that describes how the standard will be implemented in that facility;
- Use of Labels. All containers of hazardous chemicals must be labeled, tagged, or marked with the identity of the material and appropriate hazard warnings;
- Use of Material Safety Data Sheets (MSDSs). Chemical manufacturers and importers are required to obtain or develop an MSDS for each hazardous chemical they produce or import. Distributors are responsible for ensuring that their customers are provided a copy of theses MSDSs. Employers must have an MSDS for each hazardous chemical they use; and
- A Training Component. Each employee who may be exposed to hazardous chemicals when working must be provided information and trained prior to his or her initial assignment to work with a hazardous chemical, and whenever the hazard changes.
Hazard Communication is addressed in specific standards for general industry, shipyards, marine terminals, longshoring, and the construction industry.
If you and your co-workers have a good understanding of the Hazard Communications Standard (HCS), Material Safety Data Sheets (MSDSs), and your employers’ Hazard Communication (HAZCOM) Program – you will save lives.
REMEMBER: Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” Section 5(a)(2) requires employers to “comply with occupational safety and health standards promulgated under this Act.”
“If I do my full duty, the rest will take care of itself.” – General George S. Patton
Patton’s quote always gave me hope. To me, the quote meant that if I just worked hard, played by the rules, and treated people well then everything would work out okay. To this day I want to believe that concept is true for everyone: that if we just work hard and play by the rules then everything will turn out okay. I suspect most people agree and wish that it were true.
The first time I heard that quote, I was a seventeen year old boy at the United States Air Force Academy. During Basic Cadet Training, all cadets are given a small book containing “knowledge” they must memorize. The book contained many thoughtful quotes on duty, honor, and country, but Patton’s quote on duty was the one I found most memorable. It was as if someone handed me the key to success in only thirteen words. In an artificial world like basic training that quote is entirely true—if you do your job everything runs smoothly. As long as you sound off, march correctly, maintain a sharp uniform, and push yourself physically everything works out well. The instructors don’t yell as much and you get to eat without being harassed.
Sometimes, however, real life is not so simple. Many people work a full day, pay taxes, serve the community, and strive to make their children’s life better than their own. Unfortunately, for reasons beyond their control, and despite their best efforts, not everything works out okay. Other people failed to honor their commitments. A business idea is stolen. An accident happened. A natural disaster occurred. Regardless of the specific situation, these people have been good, solid citizens and have suffered some misfortune. They deserve more than bad luck.
In many cases, the legal system is the only avenue for people like these to make sure “the rest will take care of itself.” For example, a computer programmer that devoted significant resources to design a computer program that is now being used without permission by a rival company can ask a court to order the rival business to fairly compensate the programmer. A woman that suffered a stroke because of a drug defect can use the legal system to compensate her for her injuries if the court or jury determines that the drug manufacturer knew of the risk but failed to properly warn the woman. Without the legal system, these two people would be left footing the bill for situations caused by others.
And that is the reason I left the Air Force to become a lawyer. I thought that I could do more to help people as a lawyer than an Air Force officer. The American legal system is not a perfect animal. The law and justice are not necessarily the same thing. But, sometimes it is the only way to make sure the right people pay for the bill. My goal is to be the part of the system that gives the people that work hard and play by the rules someone who will work as hard as possible for them to make sure “the rest will take care of itself.”
Depositions are sworn testimony in lawsuit taken before trial. Deposition testimony “counts” just like trial testimony in front of a judge and jury, but often the only people present are the lawyers, the witness and a court reporter or videographer. If the person is sick, dead or otherwise unavailable to attend the trial, the videotape of their deposition may be played for the jury. Since the judge is not present some attorneys may object to certain questions if they are afraid of the answer and then later ask the judge to not allow the jury to hear the question and answer.
Some unskilled attorneys are very afraid of the questions and answers and object to virtually every question being asked. When this happens the judge will later review their objections and if he finds them to frivolous or unfounded, he will “over-rule” the objections which means the jury will be allowed to hear the question and answer. This can be problematic when the video tape is being edited for the jury to watch because the court often requires the parties to cut out the portion where the attorney says “objection.” When this happens, the video tape, unfortunately, looks choppy in between the question and the answer. The strategy may even be deliberate from some attorneys to try and create a “choppy” video for the jury by objecting to every question. This fearful attorney may think that a choppy video seems less credible to the jury and the jury will not consider the testimony. Strong judges do not permit this type of gamesmanship and can punish the frivolously objecting attorney by allowing the jury to see and hear him or her making their unfounded objections. The jury will then know that the unskilled attorney is very afraid of the answer to the question and will pay close attention to it.
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