Scaffolding Collapse Prevention
Construction sites in Texas are known for their dynamic and potentially hazardous environments, making it crucial to implement effective safety strategies to prevent scaffolding collapses.
According to OSHA, every year, millions of construction industry workers perform work on scaffolds. Ensuring the safety of these workers from incidents linked to scaffolding collapse is essential in averting severe personal injuries and fatalities resulting from falls off scaffolds. These incidents can be prevented when general contractors, subcontractors, scaffolding manufacturers, maintenance providers, and employers comply with OSHA standards.
Construction Accident Lawyers Near Me
Miller Weisbrod Olesky is committed to protecting the rights of construction workers in Texas who are injured due to scaffolding collapses. Our dedicated scaffolding collapse attorneys in Texas will find evidence that proves the negligence of the responsible defendants, negotiate effectively with the insurance companies, and aggressively prepare to go to trial if a satisfactory settlement with the liable parties or their insurers cannot be reached.
The superintendent for the general contractor knew about the OSHA regulated industry standard and claimed that the siding contractors were always tied off when on the pump jacks (that did not have proper guardrails). Our clients claimed they were never issued harnesses and there were no hard points for lifeline tethering connection on the roof of the apartments. They had been working for three weeks when their platform became unstable (due to inadequate bracing) causing them to fall over the side. One client suffered several orthopedic fractures, and the other suffered a broken spinal cord leaving him permanently paralyzed.
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Preventive Measures for Scaffolding Accidents in Texas
Proper Design and Planning
OSHA: 29 CFR 1926 Subpart L
Design and planning play a key role in preventing scaffolding collapses and ensuring the safety of workers in the construction industry in Texas. The Occupational Safety and Health Administration (OSHA) has outlined specific standards to address the design and planning aspects of scaffolding, which are covered under 29 CFR 1926 Subpart L.
Design Considerations
- Load-Bearing Capacity: The design of scaffolds must take into account the intended load it will carry, including the weight of workers, tools, materials, and equipment. OSHA mandates that scaffolds should be capable of supporting at least four times the maximum intended load.
- Wind and Weather Conditions: Scaffolds need to be designed to withstand various weather conditions, including wind loads. OSHA standards provide guidelines for calculating the appropriate wind force that scaffolds should be able to resist.
- Materials: The choice of materials used for scaffold components is critical. OSHA emphasizes using materials that meet the necessary strength requirements and are resistant to deterioration caused by environmental factors.
- Foundations: Proper foundation design is essential to provide stability to the scaffold. The ground should be capable of supporting the scaffold without settlement or displacement. OSHA standards provide guidelines for foundation requirements based on soil conditions.
- Bracing and Stability: Scaffolds must be designed with proper bracing to maintain stability. Horizontal and diagonal bracing should be used to prevent swaying and tipping. OSHA's standards specify the minimum requirements for bracing and stability.
Planning Considerations for the “Competent Person” to prevent scaffolding collapse
A “competent person” properly trained and experienced in each of the above topics must be assigned to ensure all of the design considerations are taken into account and then continuously inspect the scaffolding throughout the construction project to ensure modifications have not been made to the components or design that could lead to a scaffolding collapse accident.
- Qualified Personnel: Scaffold design and planning should be carried out by qualified engineers or individuals with relevant expertise. This person will be deemed the “competent person”. OSHA requires that scaffolds exceeding specific heights be designed by a qualified person.
- Risk Assessment: Before erecting scaffolds, a thorough risk assessment should be conducted to identify potential hazards and plan necessary safety measures. This includes considering the location, intended use, load requirements, and environmental factors.
- Erection Procedures: Proper procedures for scaffold assembly should be planned and followed. OSHA mandates that scaffolds should be erected, moved, dismantled, or altered only under the supervision of a competent person.
- Inspections: Regular inspections should be planned to ensure that scaffolds are in safe condition. OSHA requires that a competent person inspect scaffolds before each work shift and after any alterations, damage, or adverse weather conditions.
- Communication: Effective communication among all stakeholders is vital. Workers, supervisors, and engineers should collaborate to ensure that the scaffold is erected, used, and dismantled correctly.
By adhering to the design and planning considerations outlined by OSHA, construction industry professionals can significantly reduce the risk of scaffolding collapses and create a safer working environment for all workers involved.
The Use of Quality Materials
OSHA: 29 CFR 1926.451(c)(2)
The use of quality materials is a fundamental aspect of preventing scaffolding collapses and ensuring the safety of workers in construction projects in Texas. The choice of materials directly impacts the stability, strength, and overall integrity of scaffolding structures. Employing subpar or deteriorating materials can lead to catastrophic failures and endanger the lives of workers.
The OSHA standard that specifically relates to quality materials for scaffolding on construction sites is 29 CFR 1926.451(c)(2). Here are key considerations related to using quality materials in scaffolding, aligned with safety regulations and best practices:
Material Strength and Durability
- The materials used for scaffolding components, such as tubes, couplers, boards, and connectors, should meet or exceed established strength requirements.
- High-strength steel is commonly used for scaffolding due to its robustness and load-bearing capacity. Galvanized steel is often preferred as it resists corrosion and extends the lifespan of the scaffold.
- The material should be able to withstand varying loads, environmental conditions, and potential impacts.
Corrosion Resistance
- Scaffolding is often exposed to outdoor elements, including rain, humidity, and chemicals. Corrosion-resistant materials, like galvanized steel or aluminum, are crucial to maintain structural integrity over time.
- Rust and corrosion weaken the material, compromising the scaffold's strength and increasing the risk of collapse.
Compatibility and Interchangeability
- Components used in scaffolding systems should be compatible and designed to work together seamlessly. This ensures stability and prevents assembly errors.
- Mixing components from different manufacturers or using incompatible parts can lead to weak points and structural deficiencies.
Certifications and Standards
- Materials should meet industry standards and certifications, such as those provided by relevant authorities or organizations like OSHA, ANSI, or EN.
- Certification ensures that the materials have undergone rigorous testing and adhere to safety guidelines.
Regular Inspections and Maintenance
- Even with high-quality materials, regular inspections are essential to identify any signs of wear, damage, or corrosion.
- Damaged or compromised materials should be immediately replaced to maintain the scaffold's integrity.
Proper Handling and Storage
- Quality materials can be compromised if mishandled during transportation, storage, or assembly.
- Proper storage in a controlled environment and correct handling practices prevent unnecessary wear and tear.
Supplier and Manufacturer Reputation
- Source materials from reputable suppliers and manufacturers with a track record of producing high-quality scaffold components.
- Do thorough research and consider feedback from industry peers to ensure reliability.
Training and Education
- Workers and supervisors should be educated on identifying quality materials and detecting defects.
- Training programs can empower workers to make informed decisions during scaffold assembly and maintenance.
Quality materials, when combined with proper design, planning, and regular inspections, contribute to the prevention of collapses, injuries, and fatalities on construction sites in Texas. At Miller Weisbrod Olesky, our scaffolding collapse attorneys in Texas will identify whether the failure of general contractors, subcontractors, scaffolding manufacturer or other parties in any aspects of scaffolding quality led to your accident and injuries, and will hold them liable for maximum damages.
Proper Erection and Installation of Scaffolding
OSHA: 29 CFR 1926.451
The proper erection and installation of scaffolding on construction sites in Texas helps in ensuring the safety of workers, preventing scaffold accidents, and maintaining the structural stability of the scaffold. This process involves following a set of guidelines and adhering to regulatory standards laid out by organizations such as the OSHA.
Key Steps in Proper Erection and Installation
- Site Inspection: Before erecting scaffolding, conduct a thorough inspection of the site to identify potential hazards, obstructions, and ground conditions. This assessment helps determine the appropriate type of scaffold and the necessary anchoring or tie-off points.
- Foundation and Base Plates: The scaffold's foundation must be on solid ground capable of supporting the intended load. Base plates or adjustable legs provide stability by distributing weight evenly and preventing sinking leading to a scaffold accident.
- Leveling and Plumb: Ensuring that the scaffold is level and plumb is crucial for stability. Uneven surfaces can lead to scaffold leaning or instability, increasing the risk of scaffold collapse.
- Components Assembly: Follow manufacturer instructions and industry standards to assemble scaffold components properly. This includes connecting frames, braces, guardrails, platforms, and any additional accessories.
- Guardrails and Toe Boards: Install guardrails along open sides and ends of scaffolding platforms to prevent falls. Toe boards are essential to prevent tools and materials from falling off the platform.
- Anchoring and Tie-Off: Secure scaffolds to the building or structure using appropriate anchoring methods. Tie-offs and anchors help prevent lateral movement and ensure stability, especially in adverse weather conditions.
- Load Capacity: Understand the scaffold's load capacity and never exceed it. Distribute loads evenly across platforms, and refrain from overloading with equipment or materials.
- Inspections: Regularly inspect scaffolding for wear, damage, or any signs of deterioration. Inspections should be conducted before each work shift and after any modifications.
OSHA Standards: Proper Installation
OSHA's scaffolding standards, found in 29 CFR 1926.451, provide comprehensive guidelines for proper erection and installation. This standard outlines requirements for clearances, securing scaffolds to structures, guardrails, proper platform assembly, and more.
Proper Load Management
OSHA: 29 CFR 1926.451
Load management is a key aspect of scaffolding safety and construction site management. It involves understanding, calculating, and effectively distributing loads on scaffolding structures to ensure their stability and integrity. Proper load management is essential to prevent scaffold collapses, injuries, and fatalities, making it a fundamental component of construction site safety.
Key Aspects of Load Management in Scaffolding
- Scaffold Load Ratings: Manufacturers provide load ratings for scaffolding components and systems. These ratings indicate the maximum weight a scaffold can safely support. It's essential to use scaffolding equipment within its specified load limits.
- Uniform Load Distribution: Distributing loads evenly across the scaffold platform prevents stress concentration on specific points, reducing the risk of component failure and scaffold collapse.
- Materials Handling: Load management involves proper handling and placement of materials on scaffolds. Heavy materials should be positioned close to the center of the platform to maintain balance and stability.
- Equipment Weight: Tools, equipment, and machinery used on scaffolds contribute to the overall load. Calculating the combined weight of workers and equipment ensures that the scaffold's load capacity is not exceeded.
- Proper Scaffold Erection: Erecting scaffolds according to manufacturer guidelines and OSHA regulations is crucial for load management. Properly erected scaffolds are more capable of supporting intended loads without failure.
- Continuous Monitoring: Load management is an ongoing process. Site supervisors and competent persons should continuously monitor scaffolds for any signs of overloading, shifting, or deformation.
Calculating Load Capacity
Load capacity calculations depend on factors such as scaffold type, configuration, materials used, and intended use. Engineering expertise is often required to accurately calculate load capacities based on these variables. Load capacity calculations should be performed by qualified professionals to ensure the safety of workers and the structural integrity of scaffolds.
OSHA Standards: Scaffolding Load Capacity
OSHA's scaffolding standards under 29 CFR 1926.451 address load management. The standard specifies that scaffolds must be capable of supporting their own weight and at least four times the maximum intended load. It also outlines requirements for ensuring proper footing, adequate bracing, and secure connections to prevent overloading and scaffold failure.
Regular Inspections
OSHA: 29 CFR 1926.451
Regular inspections of scaffolding structures are an essential part of maintaining construction site safety in Texas. These inspections involve thorough assessments of scaffolds to identify potential hazards, ensure compliance with safety standards, and address any issues that may compromise the stability and integrity of the structure. Properly conducted inspections contribute to preventing accidents, protecting workers, and promoting a safe working environment.
Key Aspects of Regular Inspections
- Frequency: Inspections should be conducted before scaffolds are first used, after any alterations or modifications, and at regular intervals as established by regulatory guidelines. Daily inspections before work begins are also recommended to address immediate safety concerns.
- Qualified Inspectors: Inspections should be carried out by competent persons who have the knowledge and training to identify scaffold-related hazards and determine the necessary corrective actions.
- Comprehensive Assessment: Inspections should cover all components of the scaffold, including structural integrity, bracing, connections, guardrails, toeboards, and planking. The assessment should also consider factors like load distribution, environmental conditions, and adherence to design specifications.
- Documentation: Inspections should be documented, including the date, inspector's name, findings, and any corrective actions taken. Documentation serves as evidence of compliance with safety regulations and as a reference for future inspections.
- Corrective Actions: If hazards or deficiencies are identified during inspections, prompt corrective actions must be taken. This may involve repairing or replacing damaged components, reinforcing connections, or making necessary adjustments to ensure scaffold safety.
OSHA Standards: Scaffolding Inspections
OSHA's scaffolding standards under 29 CFR 1926.451 require that scaffolds be inspected by a competent person before each work shift, and after any event that could affect the scaffold's structural integrity. Inspections are also mandated after any alterations, damage, or environmental conditions that could compromise the scaffold's safety.
Effective Communication to Prevent Scaffolding Collapses
Effective communication is a vital element in preventing scaffolding collapses on Texas construction sites. Proper communication ensures that all relevant parties are aware of the status, risks, and actions related to scaffolding activities.
This includes clear and timely exchange of information among workers, supervisors, managers, and even subcontractors involved in the construction process. Effective communication helps prevent misunderstandings, reduces the likelihood of errors, and enhances overall safety.
Importance of Effective Communication in Scaffolding Collapse Prevention
- Coordination: Proper communication ensures that everyone is on the same page regarding scaffold design, erection, usage, and dismantling. It helps coordinate efforts among different teams to ensure that the scaffold is erected correctly and used safely.
- Hazard Awareness: Effective communication ensures that workers are aware of potential hazards associated with scaffolding, such as load limits, fall hazards, and proper assembly. This awareness helps them take necessary precautions to prevent accidents.
- Instructions and Procedures: Clear communication ensures that workers receive proper instructions on scaffold assembly, usage, and safety procedures. This reduces the chances of mistakes due to misinterpretation.
- Emergency Response: In case of unexpected situations or emergencies, effective communication allows workers to respond quickly and efficiently. For example, if there is a sudden change in weather conditions, supervisors can communicate the need to secure the scaffold immediately.
- Supervision: Supervisors and competent persons play a crucial role in ensuring scaffold safety. Effective communication between supervisors and workers helps in proper supervision, where supervisors can monitor work progress, address concerns, and provide guidance.
While OSHA does not have a specific standard solely dedicated to effective communication, several existing standards emphasize the importance of clear and effective communication to prevent scaffolding collapses and ensure overall construction site safety.
Weather Considerations to Prevent Scaffolding Collapse Accidents
Adverse weather conditions can significantly impact the stability and integrity of scaffolding structures, leading to collapses, accidents, and injuries in Texas. Proper planning, monitoring, and adaptation to changing weather conditions are essential to prevent scaffolding failures and ensure the safety of workers and the surrounding environment.
Importance of Weather Considerations
- Wind Loads: Wind is a primary external force that affects the stability of scaffolding. High winds can exert substantial lateral loads on scaffolding, causing it to sway or even collapse. Therefore, it's crucial to assess wind conditions and adhere to wind load limits specified in engineering standards and local regulations.
- Rain and Moisture: Rain can make scaffolding slippery and reduce the grip of workers' shoes. Wet surfaces can lead to slips, trips, and falls. Additionally, moisture can weaken scaffold components, compromising their structural integrity over time.
- Snow and Ice: Accumulated snow and ice add extra weight to scaffolding, potentially exceeding its load capacity. This can lead to bending or breakage of components, resulting in instability and collapse.
- Extreme Temperatures: Extreme cold or heat can impact the materials used in scaffolding, causing contraction, expansion, and deterioration. These temperature-related changes can weaken scaffold components and compromise their safety.
Best Practices for Weather Considerations
- Regular Monitoring: Continuously monitor weather forecasts to anticipate adverse conditions and plan accordingly. This allows for timely decisions to secure or dismantle scaffolding when needed.
- Wind Load Calculations: Consult engineering guidelines to determine the wind load capacity of scaffolding components and structures. Adhere to these load limits to ensure stability.
- Secure Components: During high winds or storms, secure loose components, tools, and materials that could become projectiles and endanger workers.
- Scaffold Covers: Use weather-resistant covers to protect scaffolding from rain, snow, and ice accumulation, reducing the risk of moisture-related damage.
- Employee Training: Train workers to recognize the signs of changing weather conditions and to respond appropriately. This may involve temporarily suspending work or taking additional safety precautions.
Integrating weather-related protocols into scaffold planning, design, and use can significantly reduce the risk of collapses, accidents, and injuries caused by adverse weather conditions.
Regulatory Compliance to Prevent Scaffolding Collapse Accidents
Regulatory compliance is a fundamental aspect of preventing scaffolding collapses in the Texas construction industry. Compliance with relevant standards and regulations ensures that scaffolding structures are designed, erected, and used in a safe manner, reducing the risk of accidents, injuries, and fatalities. Adhering to regulatory guidelines promotes consistent safety practices and accountability across construction sites.
Need for Regulatory Compliance
- Safety: Regulatory standards are established to prioritize the safety and well-being of workers and the public. Following these standards minimizes the potential for scaffolding collapses, protecting both workers on-site and bystanders.
- Legal Requirements: Non-compliance with regulatory standards can result in legal consequences, including fines, penalties, and potential legal actions. Complying with regulations helps construction companies avoid legal liabilities and reputational damage.
- Consistency: Standardized regulations provide a consistent framework for scaffolding safety across the construction industry. This ensures that all scaffolding structures are built and maintained according to the same safety standards.
Regulatory Compliance and OSHA Standards
The OSHA has specific standards that address scaffolding safety in construction. These standards emphasize regulatory compliance to prevent scaffolding collapses:
- 29 CFR 1926.451: General Requirements for Scaffolds: This comprehensive standard outlines the general requirements for scaffolding, including design, erection, use, and dismantling. It covers topics such as scaffold capacity, access, fall protection, and training.
- 29 CFR 1926.454: Training Requirements: This standard emphasizes the importance of proper training for workers involved in scaffolding operations. It requires that employers ensure workers are competent to perform their assigned tasks safely.
- 29 CFR 1926 Subpart C: General Safety and Health Provisions: This subpart emphasizes the employer's responsibility to provide a safe working environment, including proper scaffold design and maintenance, to prevent accidents and hazards.
Holding General Contractors & Subcontractors Liable for Scaffolding Collapse Accident?
At Miller Weisbrod Olesky, our Texas scaffolding collapse lawyers are dedicated to holding general contractors, subcontractors and any other negligent parties accountable for their failure to prevent scaffolding collapse accidents. We understand that these accidents can result in serious injuries, financial losses, and pain and suffering, and we are committed to advocating for your rights and achieving the compensation you deserve.
Thorough Investigation
Our lawyers will initiate a comprehensive investigation into the circumstances surrounding your scaffolding collapse accident. We will gather evidence, review contracts, interview witnesses, and assess the site's safety protocols to determine whether negligence or violations of safety standards played a role in the incident.
Liability Assessment
We will evaluate the responsibilities of the general contractor and subcontractors as well as any third parties involved in the construction project. Each party has a duty to ensure that proper safety measures are in place, and we will assess whether they fulfilled their obligations to prevent the accident.
Contractual Obligations
We will carefully review the contracts between the parties to determine the scope of their responsibilities for scaffolding safety. If any party failed to meet the agreed-upon safety standards or breached their contractual obligations, we will hold them accountable.
OSHA Standards: Scaffolding Safety
Our legal team is well-versed in OSHA regulations related to scaffolding safety. If either the general contractor or subcontractors failed to comply with OSHA standards, we will use this as evidence of negligence and breach of their duty to maintain a safe work environment.
Expert Witnesses
We collaborate with experts in construction and workplace safety who can provide professional opinions on the negligence that led to the scaffolding collapse. Their expertise can strengthen our case by demonstrating that reasonable precautions were not taken to prevent the accident.
Legal Action
Once we determine that negligence or a breach of duty contributed to the scaffolding collapse which led to your injuries, our lawyers will take immediate legal action. This may involve filing a personal injury lawsuit against the responsible parties to seek maximum compensation for your medical expenses, lost wages, pain and suffering, and other damages.
Negotiation and Litigation
We are skilled negotiators and litigators, capable of pursuing the largest possible settlement through negotiations or taking the case to court if necessary. Our goal in every case is to obtain the compensation you are entitled to and to ensure that those responsible are held liable for their actions.
Client-Centered Approach
Our scaffolding collapse attorneys in Texas will provide you with personalized support, keeping you informed about the progress of your case at every step and addressing any concerns you may have. We are dedicated to obtaining a favorable outcome that reflects your best interests.
Fighting for Justice
Scaffolding collapse accidents can have a lasting impact on your life. Our scaffolding collapse lawyers in Texas are committed to pursuing justice and recovering maximum damages on your behalf, ensuring that those responsible are held accountable for their negligence and failures to prevent the accident.
If you or a loved one has been a victim of a scaffolding collapse accident in Texas, you deserve the highest level of legal representation to take on powerful defendants and large insurance companies. At Miller Weisbrod Olesky, our resourceful team of Texas scaffolding collapse lawyers has what it takes to hold the negligent parties accountable for your injuries and losses.
We have a proven track record of large settlements and verdicts, which gives us strong negotiating leverage with the insurance companies. Contact us today for a free and confidential consultation to discuss your case and take the first step towards getting the justice and financial recovery you deserve.
The Leader In Construction Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Construction Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding construction companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has handled construction accident cases in all major cities in Texas and numerous smaller counties. In one recent trial, Clay won a construction accident verdict of $26,500,000 for his client who suffered a spinal cord injury after a construction accident fall.
Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.
Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.
Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Led by a formidable legal team with an extraordinary record of court verdicts and settlements in construction accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.
Miller Weisbrod Olesky Texas Construction Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay's most recent victories include when general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at
Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
He is active in local and statewide trial lawyers' associations including serving as the Chair of the Advocates for the Texas Trial Lawyers' Association in 2002 and remains on the Board of Directors. Clay served as President of the Dallas Trial Lawyers Association from 2008-2009. He has also been a member of the American Board of Trial Advocates (ABOTA) since 2014.
Education
- Southern Methodist University School of Law - Dallas, Texas
- Texas A&M University - Finance - College Station, Texas
Areas of Practice
Associations & Memberships
- State Bar of Texas
- State Bar of New Mexico
- State Bar of Colorado
- American Board of Trial Advocates (ABOTA)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers’ Association
- American Association of Justice
Josh Birmingham
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
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Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Education
- University of Nebraska
- University of Tulsa - School of Law
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member
- Dallas Trial Lawyers Association:
Member
Board of Directors - Dallas Association of Young Lawyers:
Member
- Mesquite Bar Association:
Member
Michael Orth
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
Education
- Texas A & M University
- University of Houston Law Center
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member