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If you or a loved one has been injured by a defective product you may be able to sue under what is known as product liability law. 

California has a well developed body of law to deal with what is known as defective products. 

EXAMPLE OF A DEFECTIVE PRODUCT?

An example could be as simple

as you bought a bike from the local bike shop.  When you drove the bike home the front fork broke and you fell causing injuries to you.  

WHAT IS  A PRODUCT?

A product could be anything from bottled water food all the way to cars motorcyles, motorhomes, a bicycle is a product under the law so in the above example would be subject to product liability law. 

WHEN IS A PRODUCTE DEFECTIVE?

 A product is not defective just because someone is injured while using it.  In fact if you misuse the product then that will be a defense against the injuries you sustained.  For example doing jumps on the road bike could be an example of misuising the bike and could make you liable or offset the damages. 

what are the types of defects? 

A product could be defective based upon a 1. A design defect 2. a manufacturing defect 3. a failure to warn or in some instances all three.

a well manufactured product could still be defective because of the design of the product poses an unreasonable risk under a risk benefit analyis. 

This type of defect may occur if there is an engineering flaw which causes failure bases upon stress loads a failure to incorporate a safety device or some other defect which makes the product unreasonably dangerous.  

If you have bought a defective product and are injured then everyone in the chain of command could be liable for the damages.  So it is best to get the product to an Attorney so they could assess your rights as soon as possible. 

If you have any questions do not hesitate to give us a call and we can help you through this.  

If you have been injured in a car accident including auto, truck accidents, (Big Rig) accdients and motorcycle accidents in teh California Central Valley area we can handle your case and help you get the care you need. 

If you have been injured you should seek legal representation as soon as possible and make sure that your legal rights are being protected. We can set up a consultation with myself and the other Attorneys that I work with to help you. 

THE NEGLIGENT DRIVERS THAT CAUSE ACCIDENTS

The negligent drivers that cause accidents are almost always represented by Attorneys from an Insurance Company.  This lawyer is paid to make sure the injured party does not recieve the compensation they need and deserve.  Myself and the lawyers I work with know the tricks these insurance company Attorneys will throw at you to attempt to keep you from being compensated. 

If you were injured and the accdident was not your fault then give us a call.  Many times trying to handle your case on your own is a big mistake and can cost you in the long run.  you need experienced counsel to help you through this process. 

a good experienced personal injury attorney can help you get the compensation you deserve for your injuries.  We believe we can fight for you and help you get through this time and help you and your family get the help you need. 

if you have questions give us a call 559-441-1418.

 

If you have been injured on someones property because of there negligence in the upkeep of that property you may have certain rights.  You should contact our office as soon as possible so that we can set up an appointment and get you the comsensation that you need. 

in this article I will be discussing premises liability and who is responsible for an accident occuring on someone elses property. 

PREMISES LIABILITY

When enters your property, they have a reasonable expectation of not getting injured.  This means that a property owner or a non owner resident are responsbile for maintaining a relatively safe environment.  This is known as "premisis liability" For example, a courier delivering a package may sue you for injuries if he slips and falls on an oil slick in the driveway.  But if that same courier was intoxicated or failed to take precautions or acted in an unsafe way then he may not have a valid claim.  

The legal theory of premises liability holds property owners and residents liable for accidents and injuries that occur on that property  The kinds of incidents that may result in premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on an amusement park ride.  Liability is determined by the laws and procedures ot the state in which the injury occured.  In some states the law will focus on the status of the injured party whether they were invited or they were trespassing etc. 

We will have a different blog relating to the occurances where you are injured due to the criminal acts of a third party on somoenes premises.  An example of this would by you are injured in a restaurant or a bar due to another customer attacking you. 

In those type of cases the injury and the occurance must have been forseable, in other words had there been prior injuries the same or sufficiently similiar to the damage you suffered and the property owner could have taken measures to protect you that would not have been to costly.  

If you have been injured on somoenes property please take the time to give us a call so that we can help you through this. 559 441 1418. 

If you are the loved one of a person who died because of the negligence of somoene else you need experienced counsel to lead you though the difficult times. Our  office has helped many clients in this situation give us a call to set up a case evaluation. 

WRONGFUL DEATH CASES

Many times people injured by the negligence of somoene else end up succumbing to there injuires.  Many people wonder how to proceed in such circumstances.  I can give a general overview of what can happen it is not legal advice and you should seek legal advice as to the specifics of your particular circumstanes.  

in some circumstances a personal injur case will already be filed agains on behalf of the plaintiff that may then later succumb to there injuries.  

Under CALIFORNIA CODE OF CIVIL PROCEDURE 377.20 a cause of action for or against a person is not lost by reason of the persons death.  but survives subject to the applicable limitations period    Theses are called survival actions.  the code states that a cause of action survives the death of a person passes to the decendant's successor in interest. ( subject to the probate code) who may bring, or continue the cause of action.  

so if a person had a right to bring a cause of action before there death, whether it be from breach of contract, fraud, medical malpractice, or personal injury, when they die that right passes on to their estate or heirs.  This is similiar to the right to collect a debt owed to the decedent.  the heirs of the decedent would be entitled to collect that debt on behalf of the decedent.  the survival statutes do not create a cause of action they simply keep that cause of action from running out after the death of the plaintiff.  

if the decendant had a cause of action at the time of the death pending then the representatives can file a motion after the death of the person that started the action to keep the action going. 

 

 THE LOSSES RECOVERABLE

Are limited to the loss the decedant sustained before death.  i.e. economic damages medical expenses etc. as well as punitive damages and some other damages recoverable.

If you have any further questions give our office a call and we can set up an appointment to help you.  

If you have been injured in an pedestrian accident give our office a call we will get you through this.  5594411418. 

Every day in California, pedestrians who are crossing in a crosswalk jogging down the street, walking through a parking lot and even walking through a parking lot are struck by negligent drivers.  A pedestrian does not have the luxury of a seat belt to protect them from the impact.  There are several areas where a pedestrian is even more at risk. near a construction site for example where there could be confusion of the site. 

HOW TO PROVE FAULT IN A PEDESTRIAN COLLISSION

Most pedestrian accident cases hinge on whether the pedestrian was where he was at the time of the impact.  This is especially true if the pedestrian was hit while crossing the street.  the defense will always say that the person crossed agains the signal.  If you crossed with the signal and were lawfully where you were supposed to be it could go a long way in the helping your case. 

IMPORTANT COMMONLY USED EVIDENCE IN PEDESTRIAN ACCIDENT CASES

1. Statements of any witnesses particularly witnesses who have no relatiionship with the pedestrian.

2. Photographs ro video (often red light cameras, from neighborhood businesses)

3. Skid marks (indicating location of impact) 

4.Cell phone records indicating the that the negligent driver was texting at the time of the accident.

WHAT WILL BE USED AGAINST YOU IF YOU ARE IN A PEDESTRIAN ACCIDENT 

6. Defense lawyers in pedestrian accidents often contend that the pedestrian was comparatively at fault for the accident. 

7. In California a pedestrian that is even 1 percent at fault may not be able to collect in a lawsuit.

8. Defense lawyers are pulling out all of the stops and try to convince a jury the pedestrian was distracted by a cell phone or mp3 player you will need a good investigator to destroy these defenses.

WHO PAYS FOR YOUR INJURIES SUFFERED IN A PEDESTRIAN ACCIDENT?

One of the first and most important isssues is whether there is insurance coverage to pay for the damages sustained by a pedestrian.  In other words was the driver at fault and did he have insurance to pay for the damages.  If the driver has insurance than the drivers insurance will pay for the injuries.  if the at fault driver does not have insurance or flees the scene then the pedestrians uninsured motorist policy will kick in and pay for the damages. 

If you or a loved on has been injured give us a call we can get you through this you need experienced counsel we can help 559 441 1418. 

 

If you have been injured in a car accident it is important that you get experienced counsel to help you through the process and possibly sue the people responsible for your injuries. 

In many incidences of car accidents people think they need only to exchange information and insurance information.  However, it is important that you file a police report and call the police and it is required if there are injuries involve in the crash. 

Sometimes you will believe that you did not sustain any injuries at the time of a crash.  However, you may not feel all the injuries and affects of a car accident right away.   That is another reason why you should consult an accident Attorney right away and file a police report.   If later on you decide to seek compensation from an accident the police report can be helpful in documenting your injuries and physial condition.  You case will become stronger with a copy of a filed police report many times the report will have witnesses and opinions of the police officer, that clearly state that which person he believes is at fault.  

 

WHY IS THE POLICE REPORT SO IMPORTANT?

The police report provides an impartial third person account of what happnened, and documentation of the accident.  And also provides the following information

The exact location of the accident

The time and date of the car accident

Damages to all vehicles and property involved

Any injuries to drivers, passengers, or others

Statements and contact information from any witnesses

Weather and other environmental conditions at the time of the accident

Having a police report with this type of information will assist with your personal injury claim

and can greatly improve your chances of successfully obtaining compensation.  Remember as a victim of anothers persons negligence you are entitled to recover under the law you want to improve your chances of recovery as much as possible.  

HOW TO FILE A  POLICE REPORT

After your car accident you should immediately call the police.   After theya arrive discuss the specific details of the accident with the police officer, and answer any of their questions.  The officer will interview the other driver and any witnesses to the crash.  He will determines the cause of the crash.  If it is a minor accident the police may not respond to the scene.  If that happens you will have to make a trip to the local police department to file a police report within a 24 hour period.  A police report is mandatory to recover damages from a hit and run or if the driver is uninsured. 

 

If you have any questions do not hesitate to call for a case evaluation. 559-441-1418. or 559 295-0391

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Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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