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Varghese Summersett

Fort Worth Hotel Explosion

It has been nearly two months since a Fort Worth hotel explosion rocked Fort Worth. The Sandman Signature Hotel and Musume remain shuttered as the cause of the blast remains under investigation.

Twenty-one people were injured, one critically, and four more were seriously injured. There have been reports of people smelling gas before the explosion, and there was a strong smell of gas after the blast. 

Fort Worth Fire Department’s Arson Unit, the ATF, the FBI, and technicians with gas company Atmos Energy and the Railroad Commission are among the agencies investigating.

If you or a loved one were injured in this explosion, you have more questions than answers. We are here to help you through this journey and get you the help and answers you need – now and in the future.

Our Fort Worth explosion lawyer has the experience and the investigative skills it takes to make sure that something like this does not happen again, and that those responsible for your injuries are held responsible.

The Aftermath: Emergency Response and Injured Victims

As the echoes of the blast subsided, emergency crews were on the scene in minutes. Our attorneys and staff watched from the 7th floor of our downtown Fort Worth office as emergency vehicles traveled the wrong way down one-way streets to get to the scene quickly.

The Fort Worth Fire Department, Police Department, and Emergency Medical Services were some of the first to respond, with the ATF, FBI, and Railroad Commission arriving later in the day. It is now believed a gas explosion rocked the Sandman Signature Hotel, injuring 21 people. A few were critically injured, with one in a life-threatening state. The blast was so powerful it blew the front off the hotel and trapped some victims in the basement.

Within the hotel, the Musume restaurant may have been the epicenter of the blast’s impact. Three of its employees were among the injured. Fortunately, the restaurant was not open yet, and the hotel only had 26 of its rooms occupied. The nearby Fort Worth Convention Center was quickly converted into a temporary shelter for the guests, ensuring their well-being and safety.

Investigating the Cause: Gas Leak and Safety Concerns

As the dust settled and the injured were attended, the focus shifted to understanding the cause of the explosion. An explosion occurred, and preliminary investigations by fire officials pointed toward a gas leak as the potential trigger. This gas leak raised alarms about the safety measures in place and the need for stringent checks to prevent such incidents.

Gas leaks are a prevalent factor contributing to gas explosions in commercial establishments. The fire department initiated a thorough investigation, looking for visible signs of damage to gas pipes, fittings, and transmission equipment, as well as unusual sounds.

determining liability after a hotel explosion

Identifying Potential Liability

In the case of a gas explosion at a hotel, multiple parties might be held liable:

  1. Hotel: Hotels are obligated to ensure the safety and well-being of their guests and employees. This includes regular maintenance and safety checks of gas lines and related infrastructure.
  2. Gas Supply Companies: If the explosion resulted from a defect in the gas supply, the company providing the gas could be liable. We know Atmos was on the scene conducting their own investigation and ensuring service to the building was shut off.
  3. Maintenance Contractors: If the hotel outsourced its gas line maintenance, the contractor responsible for these services might be liable, especially if negligence or improper maintenance is proven.
  4. Manufacturers of Gas Appliances: If a faulty gas appliance caused the explosion, the manufacturer of that appliance could be held responsible under product liability laws.

emergency response after fort worth hotel explosion

Other Agencies That Might Investigate

Agencies other than the ones already mentioned that might be involved in this investigation include:

  1. Texas Commission on Fire Protection: This agency might step in to understand the fire-related aspects of the explosion; and
  2. Occupational Safety and Health Administration (OSHA): If there are employee injuries or fatalities, OSHA will likely investigate workplace safety standards.

Duties Owed by the Hotel

Hotels in Texas, like any other business, owe a duty of care to both their guests and employees. This includes:

  1. Regular Maintenance and Safety Checks: Ensuring all gas lines and appliances are in good working condition.
  2. Adequate Training for Staff: Ensuring staff is trained in safety procedures and emergency responses related to gas leaks or explosions.
  3. Evacuation Plans: Having clear and well-communicated evacuation plans in case of an emergency.

Premises Liability in Texas

Premises liability in Texas holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In a hotel gas explosion scenario, if it is proven that the hotel management was aware (or should have been aware) of a gas leak or potential hazard and did nothing to rectify it, they could be held liable under premises liability laws.

Statute of Limitations for Personal Injury in Texas

In Texas, the statute of limitations for personal injury claims is typically two years from the date of the injury. This means that any lawsuit for injuries sustained in a hotel gas explosion must be filed within this timeframe.

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Legal Representation for Explosion Victims: Why You Need an Experienced Fort Worth Explosion Lawyer

While the immediate focus in the aftermath of the explosion in Fort Worth was on rescue and recovery, the victims were left grappling with the repercussions. In the ensuing chaos, it becomes vital for victims to grasp their rights and pursue legal representation. Our experienced Fort Worth lawyer can help navigate the intricate legal maze, establish liability, and construct a robust case for the victims.

Compensation for Medical Expenses, Lost Wages, and Pain and Suffering

After such incidents, the primary focus of the legal battle is to secure compensation for medical bills, lost wages, and pain and suffering. Lawyers play a critical role in this, advocating for the victim’s rights, gathering evidence, negotiating with insurance companies, and pursuing legal claims for fair compensation.

The determination of lost wages is an important part of this process. It involves calculating a weekly rate based on the annual pay and then multiplying it by the number of weeks missed. In some cases, an average of an individual’s annual earnings before the injury is utilized for the calculation of lost earnings.

Holding Negligent Parties Accountable

Post-explosion, the focus isn’t solely on securing compensation for victims but also entails holding those responsible accountable for their actions. Holding negligent parties accountable signifies pursuing legal measures to ensure their responsibility for the damages and injuries resulting from the explosion.

The process to hold negligent parties accountable for explosions involves initiating a negligence lawsuit based on personal injury, wherein the injured party is required to establish that the defendant acted negligently. In such cases, individuals, companies, or other entities found responsible for negligence are held accountable for their actions.

Documenting Injuries and Property Damage

Besides seeking prompt medical attention, victims should also concentrate on:

  • Recording their injuries and property damage
  • Capturing photographs of the injuries
  • Promptly seeking medical attention
  • Preserving any available evidence

Explosions can lead to extensive property damage, such as cracks in plaster, drywall, and basement damage to homes, businesses, and other structures. Victims should take comprehensive photographs and videos of the damage from multiple angles and write detailed descriptions of the damage, specifying affected items, the extent and timing of the damage, and the event leading to the damage.

Support for Affected Families: Resources and Assistance

Amidst such adversity, the community unites to offer support to the impacted families. Resources and assistance are available for those affected, including a family reunification area and community support programs.

Furthermore, there are federal and state assistance programs available for victims of explosions. These programs include FEMA collaborating with the SBA to offer low-interest disaster loans and the Red Cross providing financial aid for homes that have been severely damaged or destroyed.

Speak to a Fort Worth Explosion Lawyer.

The tragic explosion at the Sandman Signature Hotel in downtown Fort Worth shook the community to its core. However, in its aftermath, the resilience of the community and the relentless work of first responders have shone through. The incident serves as a stark reminder of the importance of stringent safety measures and the need for legal representation in the aftermath of such tragic incidents. While the victims continue their path to recovery, it is imperative to hold those responsible accountable and ensure such a calamity is avoided in the future.

At Varghese Summersett, we understand the devastating impact such events can have on your life. Our dedicated team handles explosion-related cases and will fight tirelessly for the justice and compensation you deserve. Don’t face this challenge alone. Contact Varghese Summersett today for a free consultation, and let us be your advocate in this difficult time. Your path to recovery and justice begins with us. Call at 817-207-4878 (HURT).

Frequently Asked Questions

What caused the explosion at the Sandman Signature Hotel?

The investigation is ongoing. The explosion at the Sandman Signature Hotel was caused by a gas leak, according to preliminary investigations.

How many people were injured in the explosion?

The explosion resulted in 21 injuries, with one person critically injured.

What should victims do in the aftermath of such an explosion?

After an explosion, victims should prioritize seeking medical attention, documenting injuries and property damage, and contacting a lawyer for assistance with the aftermath. Give us a call at (817) 203-2220. We are here to help.

Varghese Summersett

Texas passed an age verification law that requires proof that a visitor is an adult to access pornographic websites.

Age Verification Law in Texas

House Bill 1181 was signed into law on June 12, 2023, and was slated to into effect on September 1, 2023. The law requires adult websites to use “reasonable age verification methods” to make sure a person accessing their website is at least 18 years old.

The verification system could be based on government-issued identification or a “commercially reasonable method that relies on public or private transactional data” to verify the age of the visitor. The law further required the websites to post a dubious warning that pornography is addictive, that exposure to pornography could result in body image and mental health issues, and increase the demand for child exploitation.

Age Verification Law Challenged 

A challenge to the law was successful, at least initially. The law was challenged in federal court by the Free Speech Coalition, which is a nonprofit trade association made up of performers, producers, distributors, and retailers of adult content. The Coalition is supported adult websites such as PornHub and Xnxx. The basis for the challenge was the law was overboard and failed the strict scrutiny test applied to free speech. The federal district court granted the injunction and prevented the Texas Attorney General from enforcing the newly enacted law.

The Age Verification Law in Texas is Currently Enforceable 

Then on November 14, 2023 the United States Fifth Circuit vacated the injunction. In other words, the court of appeals disagreed with the district court so Texas can now enforce the new law. The penalties for distributing adult content without complying with this law is a fine of up to $10,000 daily for failing to verify the age of users and fine of up to $250,000 per day if at least one child is exposed to pornographic material.

In some states, some sites stopped serving content to users rather than forcing visitors to verify their identity and provide proof of their age. For example, Pornhub has blocked visitors in North Carolina, Montana, and Utah. 

How Easy is it to Avoid Age Verification?

How effective is the feel-good legislation? Engadget is reporting searches for VPNs, which obfuscate a visitor’s location, are suddenly on the rise where laws similar to this one are being enforced.

when is porn illegal in texas

Is pornography legal in Texas?

It is generally legal for an adult in Texas to watch pornography depicting consenting adults. There are, however, instances where pornography can become illegal:

Child Pornography (Penal Code 43.26)

In Texas, it’s illegal to possess, produce, distribute, or promote any visual material that depicts a child younger than 18 years engaged in sexual conduct. The child pornography law is comprehensive and includes photographs, videos, digital images, and any other types of visual representation. Convictions under this statute can lead to severe penalties, including imprisonment and mandatory registration as a sex offender.

AI-Generated Pornography Depicting a Minor (Penal Code 43.26) 

With the advent of AI technology, it’s become possible to create realistic images or videos that did not originally exist. If AI generates pornographic content that includes the face, likeness, or other distinguishing features of a real child, it falls under the same category as traditional child pornography under Penal Code 43.26 and is treated with equal severity.

AI-Generated Pornography Using Child Images (Penal Code Section 43.261)

Texas law specifically addresses the issue of AI-generated pornography that utilizes the image of a child under 18, even if the final content doesn’t directly depict that child. This inclusion ensures that the law evolves with technology, prohibiting the exploitation of minors in all forms, even in digitally altered or AI-generated content.

Revenge Pornography (Penal Code Section 21.16)

Unlawful disclosure of intimate visual material, commonly known as revenge porn, involves distributing intimate images or videos of someone without their consent, typically with the intent to harm or harass. In Texas, this act is a violation of privacy and dignity and is punishable by law. The statute covers a range of conduct and includes protections for victims, such as the ability to seek damages.

Distributing Harmful Material to a Minor (Penal Code 43.24) 

It’s illegal in Texas to sell, distribute, or display harmful material to a minor. This law is designed to protect minors from exposure to explicit content that is deemed inappropriate for their age. Violations of this statute can lead to criminal charges, emphasizing the responsibility of individuals and entities in controlling access to such material.

Sexting Between Minors

While it’s less severe than other sexual offenses, sexting between minors is still a concern in Texas and is classified as a Class C misdemeanor. The state recognizes the need to address the behavior without imposing the harsh penalties associated with adult sex offenses. However, it’s crucial to approach these cases with sensitivity and an understanding of the broader legal and social context.

Obscene Display or Distribution (Penal Code 43.23)

Texas law prohibits the intentional or reckless display or distribution of obscene materials in a manner where others might be offended or alarmed. This statute reflects community standards regarding public decency and the protection of individuals from unwanted exposure to explicit content. Conviction can lead to a Class C misdemeanor charge, underscoring the importance of respecting public norms.

Sexual Performance by a Child (Penal Code Section 43.25)

Engaging a child under 18 in a sexual performance, or producing, directing, or promoting such material, is a grave offense in Texas. This law targets the exploitation of minors at a fundamental level, aiming to protect children from abuse and involvement in the adult entertainment industry. Violations can lead to significant legal consequences, including lengthy prison sentences and mandatory sex offender registration.

If you’ve been charged with a pornography-related charge in North Texas, give us a call at (817) 203-2220. We have a track record of success in state and federal court.

Varghese Summersett

Texas passed an age verification law that requires proof that a visitor is an adult to access pornographic websites.

Age Verification Law in Texas

House Bill 1181 was signed into law on June 12, 2023, and was slated to into effect on September 1, 2023. The law requires adult websites to use “reasonable age verification methods” to make sure a person accessing their website is at least 18 years old.

The verification system could be based on government-issued identification or a “commercially reasonable method that relies on public or private transactional data” to verify the age of the visitor. The law further required the websites to post a dubious warning that pornography is addictive, that exposure to pornography could result in body image and mental health issues, and increase the demand for child exploitation.

Age Verification Law Challenged 

A challenge to the law was successful, at least initially. The law was challenged in federal court by the Free Speech Coalition, which is a nonprofit trade association made up of performers, producers, distributors, and retailers of adult content. The Coalition is supported adult websites such as PornHub and Xnxx. The basis for the challenge was the law was overboard and failed the strict scrutiny test applied to free speech. The federal district court granted the injunction and prevented the Texas Attorney General from enforcing the newly enacted law.

The Age Verification Law in Texas is Currently Enforceable 

Then on November 14, 2023 the United States Fifth Circuit vacated the injunction. In other words, the court of appeals disagreed with the district court so Texas can now enforce the new law. The penalties for distributing adult content without complying with this law is a fine of up to $10,000 daily for failing to verify the age of users and fine of up to $250,000 per day if at least one child is exposed to pornographic material.

In some states, some sites stopped serving content to users rather than forcing visitors to verify their identity and provide proof of their age. For example, Pornhub has blocked visitors in North Carolina, Montana, and Utah. 

How Easy is it to Avoid Age Verification?

How effective is the feel-good legislation? Engadget is reporting searches for VPNs, which obfuscate a visitor’s location, are suddenly on the rise where laws similar to this one are being enforced.

when is porn illegal in texas

Is pornography legal in Texas?

It is generally legal for an adult in Texas to watch pornography depicting consenting adults. There are, however, instances where pornography can become illegal:

Child Pornography (Penal Code 43.26)

In Texas, it’s illegal to possess, produce, distribute, or promote any visual material that depicts a child younger than 18 years engaged in sexual conduct. The child pornography law is comprehensive and includes photographs, videos, digital images, and any other types of visual representation. Convictions under this statute can lead to severe penalties, including imprisonment and mandatory registration as a sex offender.

AI-Generated Pornography Depicting a Minor (Penal Code 43.26) 

With the advent of AI technology, it’s become possible to create realistic images or videos that did not originally exist. If AI generates pornographic content that includes the face, likeness, or other distinguishing features of a real child, it falls under the same category as traditional child pornography under Penal Code 43.26 and is treated with equal severity.

AI-Generated Pornography Using Child Images (Penal Code Section 43.261)

Texas law specifically addresses the issue of AI-generated pornography that utilizes the image of a child under 18, even if the final content doesn’t directly depict that child. This inclusion ensures that the law evolves with technology, prohibiting the exploitation of minors in all forms, even in digitally altered or AI-generated content.

Revenge Pornography (Penal Code Section 21.16)

Unlawful disclosure of intimate visual material, commonly known as revenge porn, involves distributing intimate images or videos of someone without their consent, typically with the intent to harm or harass. In Texas, this act is a violation of privacy and dignity and is punishable by law. The statute covers a range of conduct and includes protections for victims, such as the ability to seek damages.

Distributing Harmful Material to a Minor (Penal Code 43.24) 

It’s illegal in Texas to sell, distribute, or display harmful material to a minor. This law is designed to protect minors from exposure to explicit content that is deemed inappropriate for their age. Violations of this statute can lead to criminal charges, emphasizing the responsibility of individuals and entities in controlling access to such material.

Sexting Between Minors

While it’s less severe than other sexual offenses, sexting between minors is still a concern in Texas and is classified as a Class C misdemeanor. The state recognizes the need to address the behavior without imposing the harsh penalties associated with adult sex offenses. However, it’s crucial to approach these cases with sensitivity and an understanding of the broader legal and social context.

Obscene Display or Distribution (Penal Code 43.23)

Texas law prohibits the intentional or reckless display or distribution of obscene materials in a manner where others might be offended or alarmed. This statute reflects community standards regarding public decency and the protection of individuals from unwanted exposure to explicit content. Conviction can lead to a Class C misdemeanor charge, underscoring the importance of respecting public norms.

Sexual Performance by a Child (Penal Code Section 43.25)

Engaging a child under 18 in a sexual performance, or producing, directing, or promoting such material, is a grave offense in Texas. This law targets the exploitation of minors at a fundamental level, aiming to protect children from abuse and involvement in the adult entertainment industry. Violations can lead to significant legal consequences, including lengthy prison sentences and mandatory sex offender registration.

If you’ve been charged with a pornography-related charge in North Texas, give us a call at (817) 203-2220. We have a track record of success in state and federal court.

Varghese Summersett

Texans seeking online adult entertainment won’t find it anymore at Pornhub, one of the most popular websites in the world. In March, Pornhub suspended its services in the Lone Star State over objections to the Texas’ new age verification law.

The new Texas law requires porn sites to check visitors’ ages to ensure they are at least 18 years old and to display a health warning that porn impairs “human brain development.” Rather than comply, Pornhub has pulled its services to Texas.

The Age Verification Law in Texas

On June 2, 23, Texas lawmakers passed House Bill 1181, which requires adult websites to use “reasonable age verification methods” to ensure that a person accessing their website is at least 18 years old.

The new law requires users to prove their age with a government-issued identification or by using a “commercially reasonable method that relies on public or private transactional data” to verify the age of the visitor. The law further required the websites to post a dubious warning that pornography is addictive, that exposure to pornography could result in body image and mental health issues, and increase the demand for child exploitation.

Age Verification Law Challenged 

A challenge to the law was successful, at least initially. The law was challenged in federal court by the Free Speech Coalition, which is a nonprofit trade association made up of performers, producers, distributors, and retailers of adult content. The Coalition is supported by adult websites such as PornHub and Xnxx.

The basis for the challenge was the law was overboard and failed the strict scrutiny test applied to free speech. A federal district court granted the injunction and prevented the Texas Attorney General from enforcing the newly enacted law.

Appeals Court Rules Texas Age Verification Law  is Currently Enforceable 

On November 14, 2023, the United States Fifth Circuit vacated the injunction. In other words, the court of appeals disagreed with the district court so Texas can now enforce the new law. 

Distributing adult content without complying with the new law is punishable by a fine of up to $10,000 daily for failing to verify the age of users and a fine of up to $250,000 per day if at least one child is exposed to pornographic material.

Fast forward to February 2024. Texas Attorney General announced that his office is suing Aylo Global Entertainment, which owns Pornhub and other sites. Paxton sought a injuction against the company to require age appropriate age verification safeguards and potentally millions of dollars in civil penalties.

On March 7, the 5th Circuit Court of Appeals ruled that the age verification component of the law could stand, but ruled the law’s required health warning was unconsituational because it compelled speech.

In response, Pornhub stopped serving content to Texas users rather than forcing visitors to verify their identity and provide proof of their age. It’s not the first time Pornhub has cut off uers. It has also blocked visitors in North Carolina, Montana, and Utah. 

How Easy is it to Avoid Age Verification?

How effective is the legislation? Engadget reported searches for VPNs, which obfuscate a visitor’s location, are suddenly on the rise where laws similar to this one are being enforced.

when is porn illegal in texas

Is pornography legal in Texas?

It is generally legal for an adult in Texas to watch pornography depicting consenting adults. There are, however, instances where pornography can become illegal:

Child Pornography (Penal Code 43.26)

In Texas, it’s illegal to possess, produce, distribute, or promote any visual material that depicts a child younger than 18 years engaged in sexual conduct. The child pornography law is comprehensive and includes photographs, videos, digital images, and any other types of visual representation. Convictions under this statute can lead to severe penalties, including imprisonment and mandatory registration as a sex offender.

AI-Generated Pornography Depicting a Minor (Penal Code 43.26) 

With the advent of AI technology, it’s become possible to create realistic images or videos that did not originally exist. If AI generates pornographic content that includes the face, likeness, or other distinguishing features of a real child, it falls under the same category as traditional child pornography under Penal Code 43.26 and is treated with equal severity.

AI-Generated Pornography Using Child Images (Penal Code Section 43.261)

Texas law specifically addresses the issue of AI-generated pornography that utilizes the image of a child under 18, even if the final content doesn’t directly depict that child. This inclusion ensures that the law evolves with technology, prohibiting the exploitation of minors in all forms, even in digitally altered or AI-generated content.

Revenge Pornography (Penal Code Section 21.16)

Unlawful disclosure of intimate visual material, commonly known as revenge porn, involves distributing intimate images or videos of someone without their consent, typically with the intent to harm or harass. In Texas, this act is a violation of privacy and dignity and is punishable by law. The statute covers a range of conduct and includes protections for victims, such as the ability to seek damages.

Distributing Harmful Material to a Minor (Penal Code 43.24) 

It’s illegal in Texas to sell, distribute, or display harmful material to a minor. This law is designed to protect minors from exposure to explicit content that is deemed inappropriate for their age. Violations of this statute can lead to criminal charges, emphasizing the responsibility of individuals and entities in controlling access to such material.

Sexting Between Minors

While it’s less severe than other sexual offenses, sexting between minors is still a concern in Texas and is classified as a Class C misdemeanor. The state recognizes the need to address the behavior without imposing the harsh penalties associated with adult sex offenses. However, it’s crucial to approach these cases with sensitivity and an understanding of the broader legal and social context.

Obscene Display or Distribution (Penal Code 43.23)

Texas law prohibits the intentional or reckless display or distribution of obscene materials in a manner where others might be offended or alarmed. This statute reflects community standards regarding public decency and the protection of individuals from unwanted exposure to explicit content. Conviction can lead to a Class C misdemeanor charge, underscoring the importance of respecting public norms.

Sexual Performance by a Child (Penal Code Section 43.25)

Engaging a child under 18 in a sexual performance, or producing, directing, or promoting such material, is a grave offense in Texas. This law targets the exploitation of minors at a fundamental level, aiming to protect children from abuse and involvement in the adult entertainment industry. Violations can lead to significant legal consequences, including lengthy prison sentences and mandatory sex offender registration.

If you’ve been charged with a pornography-related charge in North Texas, give us a call at (817) 203-2220. We have a track record of success in state and federal court.