California's products liability law pertains to anyone who manufactures, designs or sells defective products. They are strictly responsible for injuries caused by the product even if they are not 'negligent.'
Strict liability can be imposed in California for three forms of product defects:
- Inadequate warnings for possible injuries. If someone is harmed as the result of a warning defect or inadequate instructions on a product, they are able to recover compensatory damages under California’s strict liability law, even if they are not considered negligent.
The product liability law imposes a duty of care on distributors, manufacturers, and sellers of items or products to give consumers proper instructions of use and warnings of possible dangers.
- Defects in design. Under the product liability laws, those injured due to a defect in the design of a product are able to file a claim for personal injury. This claim can be filed even if there is no negligence on the designer or manufacturer’s part.
In California, a product’s design is defective if it has failed to perform as an ordinary consumer would expect it to when used as intended. It is also considered a defect in design if the benefit of the design does not outweigh its risk of danger.
- Defects in manufacturing. If a product contains a manufacturing defect, then under California law, it is different from the manufacturer’s specifications or design. It can also be considered a defect in manufacturing if the product is not the same as other typical products in the same line.
To prove a product liability claim, The Personal Injury Attorney Law Firm will work with you to prove four elements in your case:
- The product was manufactured, designed, and sold as a defective product.
- The product contained a defect when you obtained possession.
- You used the product in a reasonable and foreseeable manner.
- You suffered injuries as a result of the product’s defect.
You are protected under California law if you have been injured as a result of a product that has been designed, manufactured, or sold as a defective item. When such a product is used in a foreseeable and reasonable manner and inflicts harm to you, strict product liability applies.
Injuries sustained in the workplace under California laws, typically have to be filed as a worker’s compensation claim. Employees generally cannot file a civil action against an employer for a personal injury. There are exceptions to this law; however, which allow an employee to sue in civil court for personal injuries suffered.
- You are injured as the result of an improperly constructed power press machine. This machine is designed for use in manufacturing other products. The device has a point of operation guard to prevent injuries and to keep employees’ hands away from the point of operation.
If the guard is provided and required by the manufacturer, yet your employer fails to use the guard, which results in a personal injury, you can sue your employer for personal injury. This action is allowed under California law due to the power of these machines and the possible consequences of failing to use the guard.
- You sustain an injury by a willful physical assault by your employer. Under workers' compensation rules, an injury is accidental. If the injury results from a conscious act with deliberate intent by your employer, you can file a personal injury claim in civil court. The Personal Injury Attorney Law Firm will help you show your employer meant to commit a physical act that resulted in your injuries.
- You are injured by a product that is manufactured by your employer, but you are not acting as an employee at the time of injury. This form of a personal injury claim is called a dual capacity. Dual capacity is defined as an employee's injury or death occurring as a result of defective products manufactured, leased, sold, or transferred to a third party by their employer. The employee is then considered a third person in possession of the product which resulted in the death or injury.
- Your employer fraudulently conceals something which relates to the injury you sustained. Fraudulent concealment is when an employee is injured because the employer fraudulently concealed the existence of the injury and that it was in fact connected with the injured party’s employment.
Employees can be exposed to conditions in the workplace which the employer hides from them. Often it is the concealment of hazardous chemicals. If your employer knows you have been exposed to these dangerous materials, and you have contracted a health condition as a result of the exposure, your employer should tell you about the exposure. If they do not advise you of the exposure, they are committing fraud as it is their duty to give you this information. You are able to sue under these conditions for personal injury in civil court.
- If you are injured on the job, and your employer does not carry workers’ compensation insurance, you can file a personal injury claim in civil court.
Working somewhere does not always mean every interaction with your employer becomes a part of your work relationship. Your employer can act in a ‘dual capacity’ as both having a separate relationship with you and as being your employer. If you have been injured through an action by your employer and are not sure if it would be considered a workers’ compensation claim or a personal injury lawsuit, contact an experienced personal injury attorney to ensure your rights are protected.
In the State of California, wrongful death occurs when a person dies due to the wrongful or negligent actions of another. Wrongful death is a claim filed in civil court and if done on behalf of the victim's survivors.
The claim for wrongful death is brought to court by either personal representatives of the deceased or the estate of the deceased. The court will order the defendants found responsible for the death to pay the deceased victim's survivors. These cases are different from those filed in criminal court brought by the state in which the guilt is punishable by prison or jail sentences. A family who has lost one of their members as a wrongful death situation can file in civil court even while a criminal case is going forward on the accused.
Certain individuals can file wrongful death claims under California law:
- The deceased victim’s domestic partner
- The deceased victim’s surviving spouse
- The deceased victim’s surviving children
- One who is entitled to the property of the deceased victim’s property should there be no living survivor in the deceased victim’s line of descent. These can include the deceased victim’s parents, siblings, or those dependant on the victim at the time death occurred.
The Personal Injury Attorney Law Firm can help compensate for a number of personal injury damages in a wrongful death claim. Amounts involved depend on individual cases. Typically the family is compensated for:
- Hospital and medical expenses for the deceased victim’s final injury or illness
- Funeral and burial expenses
- Income that will be lost as a result of losing your loved one. The deceased victim’s expected income had they not died will be calculated to determine what their future earnings could have been.
One of the most common causes of personal injuries in the country is related to car accidents. There are more than 200,000 people in California alone, injured or killed in automobile accidents every year.
Being injured in an automobile accident can cause you tens of thousands of dollars to cover your medical bills, money lost from your wages, and the cost of having to repair your vehicle. You will want the experience of The Personal Injury Attorney Law Firm working with you to receive compensation for your losses.
When a driver is found to be at fault for causing an accident, they are liable to other drivers and passengers to pay compensation for damages and injuries sustained in the crash. In the State of California, the fault is based on which of the drivers was negligent in their actions, which resulted in the crash. In some cases where both drivers are found to be at fault, an injured victim may still file a claim for damages from the other driver. Discuss your case with the Personal Injury Attorney Law Firm to learn how you can receive the compensation you deserve if you've been injured in an auto accident.
Negligent drivers are not the only cause of automobile accidents in California. Crashes can be the result of hazardous road conditions, or faulty car parts, and even driverless vehicle malfunctions. In these situations, the parts manufacturer, the vehicle manufacturer, or individual government agencies may be held responsible for the injuries caused by an accident.
Contact The Personal Injury Attorney Law Firm as soon as possible if you have been injured in an automobile accident. It may become necessary to file a personal injury lawsuit to make the responsible parties pay you the compensation you deserve for your injuries and loss. Insurance companies do not like to pay full compensation, and you will need an experienced personal injury attorney working with you to ensure you are treated fairly.
California laws regarding commercial vehicle accidents are complex. This fact is true whether you are partially at fault or the victim. Insurance and trucking companies both become involved in the process, and justice is often hard to obtain if you do not have experienced legal representation.
If you are involved in a commercial vehicle accident, exchange information with those involved including their license number, name and contact information, and insurance information. You will also need to obtain their commercial driver's license information as well. Contact The Personal Injury Attorney Law Firm for further information on how to proceed with filing a claim for this accident if you have sustained injuries.
California law requires a report of the accident be submitted within ten days if there have been injuries or death as a result of the accident. If damages to vehicles exceed $1,000, it also required a report to be filed. The Personal Injury Attorney Law Firm will assist you with filling out this report and ensure it is sent within the required time.
An accident on a bicycle can be caused by dangerous road conditions, careless pedestrians, or reckless drivers. The law under California Personal Injury allows anyone who has been injured as a result of a bicycle accident to file a lawsuit against those responsible. If the accident has resulted in a death, the family is allowed to file a wrongful death claim to receive compensation for their loss.
As a victim of a bicycle accident, it is possible for you to file a personal injury claim to receive compensation for your physical injuries, lost wages while you recover from injuries, damage to your bicycle, and your medical costs. If the accident occurred with a motorized vehicle, contact The Personal Injury Attorney Law Firm before speaking with the insurance company. These companies tend to want to settle for as little as possible, and an experienced personal injury attorney will make sure you receive the full compensation you deserve.
Motorcycle accidents can happen because of dangerous road conditions, faulty bike parts, or reckless drivers. Anyone who has been injured in a motorcycle accident has the right to file a personal injury claim. The party found to be responsible for your accident can be required to pay for your lost wages, physical injuries, medical expenses, damage to your motorcycle, and any future medical treatments which could result from the accident.
Insurance companies will want to settle for the least amount possible. For this reason, you should contact The Personal Injury Attorney Law Firm as soon as possible to discuss your options for filing a personal injury claim for any injuries you have sustained. We will sit down and discuss all the options that are available for receiving the compensation you deserve. Whether the accident was caused by another motorcyclist, the city, a pedestrian, or motorized vehicle, we can help advise you of your options for filing a personal injury claim.
If you are injured in a public bus accident, the government will become involved in your personal injury claim. When filing a claim against the government, there are different requirements than filing lawsuits against private individuals.
Generally, there is a claim for 'sovereign immunity' attached to state governments; however, in California, this immunity is waived in certain instances where there is employee negligence. If the driver of the bus was negligent in their driving and has caused an accident, you are allowed to file a claim against the local government or state for compensation of your injuries.
Contact The Personal Injury Attorney Law Firm if you or someone you know has been a victim of a bus accident and sustained physical injuries. We will review the evidence of the accident and determine what your legal rights are for filing to receive compensation for those injuries.
Many personal injuries sustained in accidents do not carry long-term effects. There are some though that are considered catastrophic injuries and result in changing one's quality of life with life-time effects. When someone has suffered a catastrophic injury as a result of another's negligence, they are entitled to compensation for:
- For all existing and future medical expenses
- Occupational or physical therapy
- Lost wages
- Pain and suffering
- Loss of enjoying life
- Lifecare plan if needed
- Punitive damages
- Psychological treatment
- Long-term or short-term care if required
- Lost earning capacity
- Wrongful death
A catastrophic injury is one that will permanently inflict a loss of either a bodily function or a limb. Catastrophic injuries include paralysis, spinal cord injuries, amputations, disfiguring burns, chronic lung damage, TBI (traumatic brain injuries) or any other injury that will result in permanent cognitive or physical disability.
With the help of The Personal Injury Attorney Law Firm, you can determine who will be legally responsible for any catastrophic injuries and how much compensation is owed to you. California law allows for more than one party to be accountable when a catastrophic injury occurs. There may be an employer, parent company, or even an insurer who will become responsible for compensating your injuries.
There are a lot of ways for a pedestrian to sustain an injury. They can be knocked down by someone on a bicycle, in a car, or even by someone's unleashed pet. Even a minor accident as a pedestrian can cause serious personal injury. In the State of California, anyone injured as a pedestrian is able to file a claim against those responsible to receive compensation for their injuries.
Contact The Personal Injury Attorney Law Firm if you have been injured as a pedestrian to discuss your options in receiving compensation for your pain and suffering, lost wages, and any medical expenses you have incurred. Even if you are unsure who is responsible for your accident, any recklessness or negligence by another makes them responsible for your injuries. Your personal injury attorney will help you find those responsible and make sure you are rightfully compensated.