Pursuing Compensation for Pedestrian Accident Victims

Our mission is to provide the advocacy you need.

By: KP Law
October 27, 2015

The pedestrian accident lawyers at KP LAW are experts in personal injury and pursuing compensation on behalf of those injured or killed by truck and other motor vehicle accidents.According to LA Times, an elderly woman was struck by a city trash truck October 22, 2015 in front of Glendale Adventist Medical Center. The collision occurred in the 1500 block of East Chevy Chase Drive at the entrance of Glendale Adventist Hospital about 12:20 p.m., leaving the woman with serious injuries, including a broken hip, said Glendale Police spokeswoman Tahnee Lightfoot.

Lightfoot later said the victim suffered “at least a broken arm.”

“A city of Glendale Integrated Waste vehicle had just serviced a refuse container on the north curb as the traffic signal cycled to green,” Lightfoot said. “The driver proceeded forward, striking the female.” The cause of the collision is under investigation, she said.

The pedestrian accident lawyers at KP LAW are experts in the handling of pedestrian accident matters and we represent victims of pedestrian accidents due to driver negligence. The lawyers at our firm handle all manner of car v. pedestrian accident actions throughout California and nationally.

Contact the experienced pedestrian accident attorneys at KP LAW at (866) 973-5691 to schedule a free and confidential case evaluation. You don’t pay us unless we win. Our Pasadena office is here to assist you.

More information about this accident can be found here.

California Appeals Process: A Guide for Litigants

Navigating the appeals process in California can be complex. This guide aims to provide litigants with a clear understanding of the steps involved in filing a civil appeal within the state.

Understanding Appeals in California

An appeal is a legal procedure where a higher court reviews the decision of a lower court to determine if legal errors occurred that could have affected the outcome. It’s important to note that an appeal is not a retrial; new evidence is generally not considered. Instead, the appellate court evaluates the trial record to assess whether proper procedures and laws were applied correctly.

Key Steps in the California Appeals Process

1. Filing the Notice of Appeal

To initiate an appeal, the appellant must file a Notice of Appeal with the trial court. This document informs the court and the opposing party of the intent to seek appellate review. In most civil cases, this notice must be filed within 60 days after the trial court clerk serves the notice of entry of judgment or within 180 days after the entry of judgment if no notice is served.

2. Designating the Record on Appeal

The appellant must specify which documents and transcripts from the trial court proceedings should be included in the appellate record. This record is crucial as it forms the basis for the appellate court’s review. The appellant can choose between a clerk’s transcript, which includes documents filed in the trial court, and a reporter’s transcript, which contains verbatim records of oral proceedings.

3. Preparing and Filing Briefs

Appellant’s Opening Brief: This document outlines the appellant’s arguments, detailing the alleged errors made by the trial court and citing relevant legal authorities. It’s imperative to present all pertinent issues in this brief, as failing to do so may result in waiving those arguments.
Respondent’s Brief: The appellee (respondent) responds to the appellant’s arguments, aiming to demonstrate that the trial court’s decision was correct.
Appellant’s Reply Brief: The appellant may file a reply to address points made in the respondent’s brief, focusing solely on countering those arguments without introducing new issues.

4. Oral Argument

After briefs are submitted, the court may schedule an oral argument, providing both parties an opportunity to present their positions and answer the judges’ questions. While not always granted, oral arguments can be pivotal in clarifying complex issues.

5. The Court’s Decision

Following deliberation, the appellate court will issue a written opinion. This decision may affirm the trial court’s ruling, reverse it, or remand the case for further proceedings. The opinion will detail the court’s reasoning and any directives for subsequent action.

Important Considerations

Timeliness: Strict deadlines govern the appeals process. Missing the window to file a Notice of Appeal can forfeit the right to appeal.
Scope of Review: The appellate court’s review is confined to the trial court record. New evidence or arguments not presented at trial are generally inadmissible.
Standard of Review: The appellate court applies specific standards when evaluating alleged errors, such as “de novo” for legal issues or “abuse of discretion” for certain trial court decisions.
Costs and Fees: Filing an appeal involves various costs, including filing fees and expenses related to preparing the record. In some instances, fee waivers may be available for those who qualify.

Embarking on an appeal requires meticulous attention to procedural rules and deadlines. Consulting with a legal professional experienced in appellate practice can provide crucial guidance tailored to the specifics of your case.

Conclusion

If you’re considering an appeal in California, having experienced legal representation is crucial. At KP Law, our team, led by Certified Appellate Law Specialist Zareh Jaltorossian, brings over 40 years of combined experience to navigate the complexities of appellate litigation. We are dedicated to providing personalized and effective advocacy to protect your rights throughout the appeals process.

Contact us today at (866) 973-5691 for a free consultation. Our Pasadena office is located at 140 S. Lake Ave, Suite 305, Pasadena, CA 91101. We are available 24/7 to discuss your case and explore your legal options.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.

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Truck Accidents in California: The Complexities of Legal Claims

Truck accidents in California can be devastating, often leading to severe injuries, financial losses, and complex legal disputes. Unlike typical car accidents, truck collisions involve multiple liable parties, strict federal and state regulations, and intricate legal processes. For victims seeking compensation, navigating these complexities can be overwhelming.

Understanding California truck accident laws, liability issues, and legal options is crucial. This guide breaks down the essential aspects of truck accident claims, helping victims and their families protect their rights and pursue fair compensation.

Understanding California Truck Accident Laws

Federal and State Regulations That Impact Your Case

Truck accidents in California fall under a combination of federal laws, regulated by the Federal Motor Carrier Safety Administration (FMCSA), and California state laws within the California Vehicle Code (CVC). These laws govern various aspects of trucking operations, ensuring safety and accountability.

Key regulations include:

Hours of Service (HOS) Limits – Federal law restricts how long truck drivers can be on the road without breaks to prevent fatigue-related accidents.
Weight and Load Restrictions – Overloaded trucks can lead to mechanical failures or rollovers, increasing the risk of accidents.
Maintenance and Inspection Requirements – Both federal and state laws require trucking companies to inspect and maintain their fleets regularly.
Driver Qualifications – FMCSA enforces strict hiring and training requirements to ensure drivers are properly licensed and capable of operating commercial vehicles safely.

Recent Legislative Changes Affecting Truck Accident Claims

California recently passed Senate Bill 961, which mandates that all new vehicles include intelligent speed assistance systems by 2030. While primarily aimed at passenger cars, this shift toward advanced safety technology could impact future trucking regulations, leading to stricter enforcement and enhanced safety measures.

Determining Liability in a California Truck Accident

Who Can Be Held Responsible?

One of the biggest challenges in truck accident claims is determining who is liable. Unlike passenger car accidents, where the driver is usually at fault, truck accidents can involve multiple parties, including:

The Truck Driver – If the driver was speeding, fatigued, distracted, or under the influence, they can be held responsible.
The Trucking Company – Employers may be liable for negligent hiring, failing to train drivers properly, or ignoring maintenance requirements.
Cargo Loaders – Improperly secured cargo can shift during transport, leading to loss of control or rollovers.
Truck Manufacturers – If a truck’s brakes, tires, or other mechanical parts fail due to defects, the manufacturer may be responsible.

Proving Negligence in a Truck Accident Case

To file a successful truck accident claim, victims must prove negligence. This typically involves gathering:

Police reports and official accident documentation.
Truck driver logs and black box data to check for HOS violations.
Eyewitness statements to support claims of reckless or negligent driving.
Surveillance footage or dashcam videos showing how the accident occurred.
Vehicle maintenance records to determine whether the truck was properly serviced.

A truck accident lawyer can help victims compile and analyze this evidence to build a strong case.

Filing a Truck Accident Lawsuit in California

What is the Statute of Limitations?

Victims of truck accidents must file a personal injury claim within two years from the accident date under California’s statute of limitations (California Code of Civil Procedure § 335.1).

Exceptions include:

Delayed Discovery Rule – If an injury is not immediately apparent, the statute may begin from the date the injury was discovered.
Claims Against Government Entities – If a government truck is involved, the claim must be filed within six months.

Comparative Negligence: How Fault Affects Compensation

California follows a pure comparative negligence rule. This means that even if a victim is partially responsible for the accident, they can still recover compensation—though it will be reduced based on their percentage of fault.

For example:

If a victim is 20% at fault, their compensation is reduced by 20%.
If awarded $100,000, they will receive $80,000 after the deduction.

This law highlights the importance of collecting strong evidence to minimize liability and maximize compensation.

Damages Available in a Truck Accident Claim

Truck accident victims in California may be entitled to compensation for:

Medical Expenses – Hospital bills, surgeries, rehabilitation, and future medical care.
Lost Wages and Future Earnings – Compensation for time off work and loss of earning capacity.
Pain and Suffering – Emotional distress, PTSD, and reduced quality of life.
Property Damage – Cost of repairing or replacing a damaged vehicle.
Wrongful Death Damages – If a loved one was killed, families may claim funeral expenses, loss of financial support, and emotional suffering.

Insurance companies often attempt to lowball settlements, so working with an attorney ensures fair compensation.

Steps to Take After a Truck Accident in California

If you are involved in a truck accident, taking the right steps immediately can significantly impact your claim.

Call 911 – Always report the accident and request medical assistance.
Gather Evidence – Take photos of the scene, truck license plates, and visible injuries.
Collect Witness Information – Eyewitness accounts can strengthen your claim.
Seek Medical Attention – Some injuries, like concussions or internal bleeding, may not be immediately visible.
Do Not Admit Fault – Avoid statements that could be used against you.
Consult a Truck Accident Lawyer – Legal guidance ensures your rights are protected.

Why You Need a Truck Accident Lawyer

Truck accident claims are complex, often requiring expert legal representation. A skilled California truck accident lawyer can:

Investigate liability and gather crucial evidence.
Handle insurance negotiations to secure fair compensation.
Work with accident reconstruction experts to strengthen claims.
Represent you in court if necessary.

Finding the Right Truck Accident Attorney in California

When selecting an attorney, consider:

Experience in truck accident cases
Client reviews and case results
Free consultation availability
Contingency fee options (no upfront costs)

Conclusion

Truck accidents in California are legally complex and often involve multiple responsible parties, making legal claims challenging. Whether you are dealing with insurance negotiations, liability disputes, or wrongful death claims, understanding the law is crucial.

If you or a loved one has been injured in a truck accident, seeking legal representation is the best way to secure fair compensation. An experienced California truck accident lawyer can guide you through the process, protect your rights, and ensure you receive the settlement you deserve.

At KP Law, our experienced Pasadena personal injury attorneys are dedicated to helping victims navigate the complexities of truck accident claims.

Why Choose KP Law?

Proven Results: Over $60 million recovered for our clients.
Experienced Team: More than 50 years of combined legal experience.
Client-Focused Approach: No fees unless we win your case.
Availability: Free consultations and 24/7 support.

Don’t wait to get the legal help you need. Call us at (866) 973-5691 to schedule your free consultation. Let KP Law fight for your rights and help you navigate the legal process with confidence.

Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.

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Wrongful Death Claims in California: Seeking Justice for Loved Ones

Losing a loved one is a heartbreaking experience, especially when their death could have been avoided. In California, wrongful death laws provide a way for families to seek justice and compensation for the devastating loss caused by someone else’s negligence or intentional actions. This article explores the legal framework, eligibility requirements, damages, and the steps you can take to file a wrongful death claim in California.

Understanding Wrongful Death Claims in California

Wrongful death claims provide a civil remedy for families of individuals who have died due to negligence, recklessness, or intentional harm. Unlike criminal cases, which seek to punish the wrongdoer, wrongful death lawsuits focus on compensating the deceased’s surviving family members.

Under California Code of Civil Procedure § 377.60, wrongful death claims can arise from various situations, including:

Car accidents caused by negligent drivers
Medical malpractice resulting in preventable deaths
Defective products that cause fatal injuries
Workplace accidents due to unsafe conditions
Intentional acts like assault or homicide

Who Can File a Wrongful Death Claim in California?

California law specifies who has the legal right to bring a wrongful death lawsuit. This is known as “standing,” and the following parties are eligible:

Immediate Family Members

- The deceased’s spouse or domestic partner
- Biological or adopted children

Dependents

- Parents, if they were financially dependent on the deceased
- Siblings or other relatives who relied on the deceased for support

Stepchildren

- Stepchildren who were dependent on the deceased for financial or emotional support may also be eligible.

If none of the above exist, the claim may pass to individuals entitled to inherit the deceased’s estate under California’s intestacy laws.

Key Elements of a Wrongful Death Claim

To prevail in a wrongful death lawsuit, the plaintiff must prove several key elements:

Duty of Care: The defendant had a legal obligation to act reasonably and avoid harming others. For example, drivers must obey traffic laws.
Breach of Duty: The defendant failed to meet their duty of care, such as by running a red light or performing a medical procedure negligently.
Causation: The breach of duty directly caused the deceased’s death.
Damages: The surviving family members suffered financial or emotional losses as a result of the death.

Recoverable Damages in California Wrongful Death Cases

California allows families to recover both economic and non-economic damages in wrongful death cases. These damages compensate for the tangible and intangible losses suffered due to the death.

Economic Damages

Funeral and burial expenses
Loss of financial support the deceased would have provided
Loss of benefits like healthcare or pensions
Household services, such as childcare or home maintenance

Non-Economic Damages

Loss of companionship and emotional support
Loss of love, care, and guidance
Emotional pain and suffering caused by the untimely death

While non-economic damages can be substantial, California law generally does not cap them, except in medical malpractice cases, where they are limited to $250,000.

Statute of Limitations for Filing a Wrongful Death Claim

Timing is crucial in wrongful death lawsuits. In California, you generally have two years from the date of the deceased’s death to file a claim. Missing this deadline could forfeit your right to compensation.

Exceptions to the Statute of Limitations

Government Entities: If the wrongful death involves a government entity (e.g., a public bus accident), you must file a notice of claim within six months.
Delayed Discovery: If the cause of death was not immediately apparent, the statute of limitations may begin when the cause was discovered.

Common Challenges in California Wrongful Death Claims

Wrongful death cases can be emotionally and legally complex. Here are some challenges families may encounter:

Comparative Negligence: California follows a comparative negligence rule, meaning the deceased’s partial fault in the incident can reduce the compensation awarded. For example, if the deceased was 20% at fault, the damages may be reduced by 20%.
Disputes Among Claimants: When multiple eligible claimants exist (e.g., siblings, children, or parents), disagreements about how to divide the settlement can arise.
High Burden of Proof: Establishing causation and damages often requires expert testimony, such as accident reconstruction specialists or medical professionals.

Steps to Take After a Wrongful Death

If you believe you have grounds for a wrongful death claim, here’s what you should do:

Consult an Experienced Attorney: Speak with a wrongful death lawyer to understand your rights and legal options.
Gather Evidence: Collect relevant documentation, such as:
- Death certificate
- Medical records
- Accident reports
- Witness statements
File the Claim Promptly: Ensure the lawsuit is filed within the applicable statute of limitations.
Prepare for Negotiations or Trial: Your attorney will represent your interests during settlement discussions or in court.

The Role of an Attorney in Wrongful Death Cases

Navigating the legal complexities of a wrongful death lawsuit can be overwhelming, especially when emotions are high. A skilled attorney can:

Evaluate the strength of your case
Handle negotiations with insurance companies
Build a compelling argument using expert testimony
Represent you in court if a settlement cannot be reached

Hiring an experienced lawyer can make a significant difference in achieving a favorable outcome.

Frequently Asked Questions

Who can file a wrongful death claim in California?

Immediate family members, such as spouses, children, and dependents, can file a wrongful death claim. If no immediate family exists, others who were financially dependent on the deceased may be eligible.

What damages can I recover in a wrongful death lawsuit?

You can recover economic damages (e.g., lost income, funeral costs) and non-economic damages (e.g., emotional distress, loss of companionship).

How long do I have to file a wrongful death claim in California?

The statute of limitations is generally two years from the date of death, but exceptions apply in cases involving government entities or delayed discovery.

What if the deceased was partially at fault?

Under California’s comparative negligence laws, the compensation may be reduced by the percentage of the deceased’s fault.

Conclusion

The death of a loved one is an unimaginable loss, but California’s wrongful death laws offer families a way to seek justice and financial support. By understanding the legal process and working with a knowledgeable attorney, you can hold the responsible parties accountable and secure the compensation you need to move forward.

If you’ve lost a loved one due to someone else’s negligence, KP Law is here to help you seek justice and secure the compensation you deserve. Our experienced Pasadena wrongful death attorneys are available 24/7 to provide compassionate and skilled legal representation. We operate on a contingency fee basis, meaning you won’t pay any attorney’s fees unless we win your case.

Contact us today at (866) 973-5691 for a free consultation. Let us help you navigate this challenging time and hold those responsible accountable for their actions. Your path to justice begins with a simple phone call.

Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.

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Catastrophic Injuries: Legal Options & Support in Pasadena

Catastrophic injuries can change your life in an instant. From permanent disabilities to overwhelming medical expenses, the challenges for victims and their families can feel insurmountable. If you or someone you love has suffered a catastrophic injury in Pasadena, understanding your legal rights is the first step toward securing compensation and support.

This article breaks down everything you need to know, including what qualifies as a catastrophic injury, its common causes, your legal options, and how an experienced Pasadena personal injury lawyer can help.

What Is a Catastrophic Injury?

Catastrophic injuries are severe injuries that result in long-term or permanent disabilities, preventing victims from working or living independently.

Common Types of Catastrophic Injuries

These injuries often affect vital body parts like the brain, spine, and limbs. Examples include:

Traumatic Brain Injuries (TBI): Damage that impairs cognitive function, speech, or motor skills.
Spinal Cord Injuries: Injuries that may cause paralysis, such as paraplegia or quadriplegia.
Amputations:Loss of limbs that dramatically affect mobility and daily life.
Severe Burns: Extensive burns that lead to infections, disfigurement, or emotional distress.
Organ Damage: Injuries that impair vital organs, requiring ongoing medical intervention.

The Broader Impact on Victims and Families

The consequences of catastrophic injuries extend beyond physical damage. Victims often face:

Lifelong medical treatments and therapies
Emotional trauma and mental health struggles
Financial stress from medical bills and loss of income

These injuries can disrupt not only the victim’s life but also the lives of family members who provide care and support.

Common Causes of Catastrophic Injuries in Pasadena

Catastrophic injuries can happen in many scenarios, often due to negligence. Here are some of the most common causes:

1. Motor Vehicle Accidents

Car, motorcycle, and truck collisions are a major cause of catastrophic injuries, especially at high speeds or involving large vehicles.

2. Workplace Accidents

Industries like construction and manufacturing pose risks such as falls, heavy machinery injuries, and hazardous material exposure.

3. Slip and Fall Incidents

Unsafe property conditions can lead to serious falls resulting in head, back, or spinal injuries.

4. Defective Products

Products like faulty vehicles, tools, or medical devices can cause significant harm, leading to product liability claims.

5. Medical Malpractice

Errors by healthcare providers—like surgical mistakes or misdiagnosis—can result in life-altering injuries.

6. Acts of Violence

Physical assaults or other criminal acts can cause severe injuries, including head trauma and broken bones.

Understanding the cause of your injury is critical when identifying liable parties and pursuing compensation.

Your Legal Rights and Options in Pasadena

If you’ve suffered a catastrophic injury, California law allows you to seek compensation through a personal injury claim. Proving negligence is essential to holding responsible parties accountable.

Proving Negligence in Catastrophic Injury Cases

To win your case, your attorney must establish the following:

Duty of Care: The defendant had a legal obligation to act responsibly.
Breach of Duty: The defendant failed to meet that standard of care.
Causation: The breach directly caused your injuries.
Damages: You suffered measurable losses, such as medical expenses or lost income.

For example, if a driver was texting and caused a crash that left you paralyzed, you can hold them liable for breaching their duty of care.

Types of Compensation You Can Claim

Victims of catastrophic injuries can pursue two main types of damages:

Economic Damages:
- Medical bills (current and future)
- Rehabilitation costs
- Lost wages and reduced earning capacity
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of quality of life

In some cases involving gross negligence, punitive damages may also be awarded to punish the wrongdoer and deter similar behavior.

Statute of Limitations in California

California law imposes strict deadlines for filing personal injury claims:

General Deadline: You must file your lawsuit within two years of the injury date.
Special Exceptions:
- Claims against government entities have a six-month deadline.
- Medical malpractice cases may have different rules based on when the injury was discovered.

Failing to file within these time limits can result in losing your right to compensation. Acting quickly also helps preserve evidence and witness testimony.

Why You Need a Pasadena Personal Injury Lawyer

Catastrophic injury cases are legally complex and often involve significant compensation claims. An experienced catastrophic injury lawyer can help navigate the process and fight for the compensation you deserve.

What a Personal Injury Lawyer Can Do for You

Investigate Your Case: Collect evidence, interview witnesses, and analyze medical records.
Prove Liability: Demonstrate how negligence caused your injury.
Calculate Damages: Accurately assess your current and future financial losses.
Negotiate with Insurers: Fight for a fair settlement to avoid lowball offers.
Litigate if Necessary: Represent you in court to achieve maximum compensation.

The Benefits of Local Representation

Choosing a Pasadena-based lawyer offers advantages such as:

Familiarity with California personal injury laws
Knowledge of local courts and procedures
Personalized attention and quick accessibility

Steps to Take After a Catastrophic Injury

Your actions immediately following a catastrophic injury can strengthen your case and improve your chances of receiving compensation.

1. Get Immediate Medical Help

Your health comes first. Seek medical care right away, and ensure all injuries are documented.

2. Preserve Evidence

Take photos of the accident scene and your injuries.
Save medical bills, receipts, and records.
Collect witness contact information.

3. Report the Incident

Notify the relevant parties, such as:

Police (for car accidents)
Property owners (for slip and falls)
Employers (for workplace injuries)

4. Avoid Speaking to Insurers

Insurance companies may pressure you into settling quickly for less. Let your lawyer handle communications.

5. Contact a Personal Injury Lawyer

A lawyer will guide you through the legal process and advocate for the compensation you deserve.

Frequently Asked Questions About Catastrophic Injury Claims

How much is my case worth?

The value depends on the severity of your injuries, ongoing care costs, and lost earnings. An attorney can estimate your claim’s worth.

What if I’m partially at fault for my injury?

California follows comparative negligence laws, which means you can still recover damages, but your compensation will be reduced based on your level of fault.

How long does a case take to resolve?

The timeline varies depending on case complexity, negotiations, and whether litigation is required.

Who can I hold responsible for my injury?

Liability could fall on individuals, businesses, manufacturers, or government entities, depending on the circumstances of your injury.

Conclusion

Catastrophic injuries can upend your life, but you don’t have to navigate the aftermath alone. A qualified Pasadena personal injury lawyer can help you hold negligent parties accountable and recover the compensation you need to rebuild.

If you or a loved one has suffered a catastrophic injury, contact an experienced Pasadena personal injury lawyer today for a free consultation. KP Law is ready to help you secure the compensation you deserve. With over 50 years of combined experience and $60 million recovered for clients, our Pasadena personal injury lawyers will fight for your rights.

Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.

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Product Liability Claims in California: A Consumer’s Guide

Defective products can lead to devastating consequences, ranging from minor inconveniences to severe injuries or financial losses. California’s product liability laws are among the most consumer-friendly in the United States, offering avenues for individuals harmed by defective products to seek justice. Whether you’re dealing with a faulty appliance, a malfunctioning vehicle, or an unsafe pharmaceutical product, this guide will help you understand your rights and the steps you need to take.

What Is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products. California law places a high standard on these entities to ensure the safety of their goods.

Defining Product Liability

Product liability in California generally falls into three categories:

Manufacturing Defects: These occur during the production process, resulting in a product that is dangerous even though it was designed safely.

Example: A car airbag that fails to deploy due to a production error.

Design Defects: These exist when the product’s design is inherently unsafe, even if manufactured correctly.

Example: A children’s toy with small, detachable parts that pose a choking hazard.

Failure to Warn: This arises when a product lacks adequate warnings or instructions about potential risks.

Example: A medication without clear side effects listed on the label.

Strict Liability vs. Negligence

California often applies strict liability in product liability cases, meaning a consumer does not need to prove the defendant was negligent. Instead, you only need to show:

The product was defective.
The defect caused your injury.
You used the product as intended.

By comparison, negligence requires proof that the responsible party failed to exercise reasonable care in designing, manufacturing, or distributing the product. Strict liability simplifies claims for injured consumers, ensuring a fairer process.

Understanding California’s Product Liability Laws

California’s legal framework for product liability combines statutes and case law to offer robust protections for consumers.

Key Legal Framework

Several landmark cases have shaped product liability laws in California:

Greenman v. Yuba Power Products, Inc. (1963): This case established strict liability for defective products, emphasizing the importance of protecting consumers.
Bolger v. Amazon.com, LLC (2020): This decision held Amazon accountable for defective products sold by third-party sellers, broadening the scope of strict liability to include online marketplaces.

Statute of Limitations

In California, you generally have two years from the date of your injury to file a product liability lawsuit. Exceptions may apply if:

The defect was discovered later (delayed discovery rule).
The injured party is a minor, in which case the statute may be tolled until they reach adulthood.

Failing to file within the statute of limitations can result in losing your right to compensation.

Differences Between State and Federal Laws

While California law governs most product liability cases, some products fall under federal regulations. For example:

Medical Devices: Governed by the FDA, federal standards may preempt state law in certain cases.
Automotive Safety: Federal Motor Vehicle Safety Standards (FMVSS) set guidelines for vehicle manufacturers.

Understanding these nuances is crucial for building a strong case.

How to Identify a Product Liability Case

Knowing whether you have a valid product liability claim starts with identifying the type of defect and gathering evidence to support your case.

Common Defective Products

Some products are more prone to defects, including:

Pharmaceuticals and Medical Devices: Contaminated drugs or faulty implants.
Automobiles and Parts: Airbags, brakes, or tires with defects.
Household Appliances: Malfunctions in microwaves, refrigerators, or heaters.
Children’s Toys and Equipment: Unsafe designs or harmful materials.

Signs of a Defective Product

Look out for the following indicators:

The product malfunctions unexpectedly.
The product lacks clear warnings or instructions.
There is a recall issued for the product.

What Evidence Is Needed?

To strengthen your claim, gather:

Proof of Purchase: Receipts, invoices, or warranties.
Photos: Showcasing the defective product and resulting injuries.
Medical Records: Documenting the harm caused.
Expert Opinions: Testimony from professionals regarding the defect.

Steps to Take After a Product-Related Injury

Taking immediate action after an injury can significantly impact your claim.

Immediate Actions

Seek Medical Attention: Your health and safety come first.
Preserve the Product: Do not attempt to fix or dispose of the defective product.
Document Everything: Take photos, write down details, and keep any related correspondence.

Filing a Product Liability Claim

Follow these steps to initiate a claim:

Consult an Attorney: A lawyer experienced in product liability can evaluate your case.
Determine Liability: Identify all responsible parties, including manufacturers, distributors, and retailers.
File Within Deadlines: Ensure your lawsuit is filed within the statute of limitations.

Seeking Compensation: What Can You Recover?

A successful product liability claim can help you recover various damages, depending on the severity of your case.

Types of Damages

Compensatory Damages:
- Medical expenses (current and future).
- Lost wages due to inability to work.
- Pain and suffering caused by the injury.
Punitive Damages:
Awarded in cases where the manufacturer acted with gross negligence or malice.

Factors Influencing Compensation

The severity of your injuries.
The strength of evidence showing the defect.
Whether the manufacturer knew about the defect and failed to act.

Common Challenges in Product Liability Cases

While California’s laws are consumer-friendly, challenges still arise.

Defenses Used by Manufacturers

Manufacturers may argue:

Misuse of the Product: Claiming the product was used incorrectly.
Product Alteration: Suggesting the consumer modified the product after purchase.
Statute of Limitations: Asserting the claim was filed too late.

Proving the Defect

Overcoming these defenses requires robust evidence. This might include:

Expert testimony.
Records of similar defects or recalls.
Reports from safety organizations.

Why Hire a California Product Liability Attorney?

Navigating product liability law can be overwhelming, making legal representation crucial.

Benefits of Legal Representation

An experienced California product liability attorney can:

Assess the value of your case.
Collect evidence, including expert witnesses.
Negotiate with manufacturers or insurers for a fair settlement.

How to Choose the Right Lawyer

When selecting a lawyer, consider:

Their experience with product liability cases.
Client testimonials or reviews.
Transparency in fees and communication.

Conclusion

Product liability laws in California provide vital protections for consumers harmed by defective products. Knowing your rights and the steps to take can make a significant difference in the outcome of your case.

If you’ve been injured by a defective product, it’s crucial to act promptly to protect your rights and pursue the compensation you deserve. At KP Law, our experienced Pasadena personal injury attorneys are dedicated to advocating for victims of product defects. We offer free consultations and operate on a contingency fee basis, meaning you pay no fees unless we win your case.

Contact us today at (866) 973-5691. Let us help you navigate the legal process and work towards securing the justice and compensation you deserve.

Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.

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