Questions injured people actually ask

Usually not. California applies strict liability to defective products, which means an injured person can recover from a manufacturer or seller by showing that the product was defective and that the defect caused the injury. You do not have to prove that anyone was careless. Negligence remains an option and is often pleaded alongside strict liability, but it is not the only path.

California recognizes three kinds. A manufacturing defect means the item left the factory different from its own design, so one unit is dangerous while the rest are not. A design defect means the design itself is unsafe, judged either by what an ordinary consumer would expect or by weighing the risk of the design against its benefits. A failure to warn means the product needed instructions or a warning about a non-obvious danger and did not carry an adequate one.

Under Barker v. Lull Engineering there are two prongs and a plaintiff can win on either. The consumer expectations prong asks whether the product performed as safely as an ordinary consumer would expect when used as intended or in a reasonably foreseeable way. The risk benefit prong weighs the danger of the design against the feasibility and cost of a safer alternative, and on that prong the manufacturer carries the burden of proving the design’s benefits outweigh its risks. That shift matters, because the party with the design records has to justify them.

Often yes. Strict liability in California reaches parties in the chain of distribution, which can include the manufacturer, a component maker, a distributor, an importer and a retailer. That is important when the manufacturer is overseas, dissolved or difficult to serve. A retailer that is held liable may then seek indemnity from the manufacturer, which is a fight between them rather than a barrier to you.

Yes, and this may be the single most important thing you do. Keep the product, its parts, the packaging, the manual, the charger or accessories and your proof of purchase. Do not return it to the seller, do not send it back to the manufacturer for a refund or replacement, and do not let a repair company keep it. The physical item is the evidence, and a case can become far harder to prove without it.

No, and the reverse is also true. A recall is a safety action, not a legal ruling, and manufacturers frequently recall products while denying that they are defective. A recall can be useful evidence and can show notice of a problem, but you still have to prove a defect and causation. Equally, the absence of a recall does not mean a product is safe. Many defective products are never recalled at all.

Get medical attention even if you feel able to walk away, because some serious injuries present hours or days later and an untreated gap in records is used against injured people. Report the collision, photograph the vehicles, the road and any visible injuries, and collect the names of witnesses. Then be careful about what you sign. A recorded statement or a quick release offered by an insurer in the first days is rarely in your interest.

You can still recover. California follows pure comparative fault, adopted in Li v. Yellow Cab, so a recovery is reduced by your percentage of responsibility rather than barred by it. Even a substantial share of fault does not eliminate a claim. Insurers understand this and will argue for the highest percentage they can support, which is one reason not to concede fault at the scene.

Yes, and it is regularly missed. Tires that fail, seat backs that collapse, airbags that do not deploy or deploy too aggressively, seat belts that release, fuel systems that ignite and driver assistance features that behave unexpectedly can all make an ordinary collision catastrophic. Where that happens there may be a claim against a manufacturer in addition to the other driver, and the vehicle needs to be preserved rather than sold for salvage.

Potentially several parties. The driver, the motor carrier, the company that loaded the trailer, a maintenance contractor, a broker and a parts manufacturer can each bear responsibility depending on what failed. Federal safety regulations require carriers to keep logs, inspection records and electronic data, but those retention periods are limited, which is why a preservation demand should go out quickly.

Coverage generally depends on what the driver was doing at the moment of the collision, and the platform’s insurance is structured in periods: offline, waiting for a request, and on the way to or carrying a passenger. Determining which period applied requires records from the platform, which is a routine part of building the claim.

A property owner or occupier in California owes a duty of reasonable care to people lawfully on the property. Liability generally requires showing that a dangerous condition existed, that the owner created it or knew or should have known about it, that there was a reasonable opportunity to fix or warn about it, and that the condition caused the injury. Notice is usually the contested element, and it is proved with maintenance logs, prior complaints, inspection records and video.

Landlords have habitability duties and control over common areas such as stairways, walkways, lighting, gates and pool enclosures, so injuries in those areas often involve the landlord even when the tenant’s unit is not at issue. A landlord’s knowledge of a recurring problem, shown through prior tenant complaints or repair requests, is frequently the center of the case.

California gives residents of long term care facilities statutory rights, and Health and Safety Code section 1430 allows a resident to sue for a violation of those rights. Pressure ulcers, falls, dehydration, medication errors, elopement and unexplained injuries are commonly rooted in understaffing, so staffing records, care plans and state inspection reports do much of the work in these claims.

California imposes statutory liability on a dog’s owner for a bite that occurs in a public place or while the injured person is lawfully on private property, and it does not require any history of aggression. Children are bitten disproportionately and often on the face, so treatment and future scarring are central to these claims.

California limits wrongful death claims to a defined group of relatives, generally including a spouse, domestic partner and children, and in some circumstances parents and other dependents. A separate survival action can be brought on behalf of the estate for the losses the person suffered before death. The two claims cover different damages and are usually filed together.

Nothing. Consultations are free and there is no obligation. If we do not think you have a claim we will tell you, and if the matter belongs with a different kind of lawyer we will say that too.

We handle injury cases on a contingency basis. There is no attorney fee unless we recover compensation for you. The percentage, how it is calculated and how costs are handled are all stated in a written fee agreement that you read and sign before we begin, and we will go through it with you line by line. We do not publish a rate here because your agreement, not a website, sets your terms.

Costs are the expenses of building and presenting a case, separate from attorney fees. They include court filing fees, service of process, deposition transcripts, records retrieval, expert analysis and, in product cases, engineering inspection and testing, which can be significant. We generally advance these costs. Depending on the terms of your written agreement, you may still be responsible for costs and expenses, including if the case does not result in a recovery. This is exactly the kind of term to ask about before you sign.

Frequently, yes. Health insurers, government programs and medical providers may hold liens or reimbursement rights against an injury recovery, and those obligations have to be identified and resolved before money is distributed. Negotiating them down is part of the work, and it directly affects what reaches you.

In California, most personal injury and product liability claims carry a two year deadline under Code of Civil Procedure section 335.1, measured from the injury or, in some circumstances, from when the injury and its cause were discovered. Wrongful death is generally two years from the date of death. Claims against a public entity require an administrative claim within six months. A minor’s claim is generally tolled until age eighteen under section 352. Exceptions and shorter deadlines do apply, so talk to us rather than to a calendar.

We listen first. If the matter is one we handle, we move quickly on the things that expire: preserving the product or the vehicle, sending preservation letters, requesting video before it is overwritten, and identifying witnesses. Then we build the medical and financial picture, present the claim, and file suit if the response does not reflect what the case is worth.

It depends on the injuries and on the opposition. A claim generally should not be settled before the medical picture is understood, because future treatment and permanent limitations are part of what is being compensated. Product cases usually take longer than vehicle cases because they require engineering analysis and discovery from manufacturers. We would rather give you an honest range for your specific case than a number that sounds good.

Not necessarily. Many claims resolve without a suit ever being filed. Filing becomes necessary when a deadline is approaching, when liability is disputed, or when the response to a documented claim is unreasonable. We prepare every case as though it will be tried, because that preparation is what makes a fair resolution possible.

Yes. We assist Spanish speaking clients and there is a Spanish language page on this site with an intake form. Ask for Spanish assistance when you call and we will arrange it.

No. Contacting us, submitting a form or reading this site does not create an attorney client relationship. That relationship begins only when we and you sign a written agreement. Please also avoid sending confidential details through an online form before we have that agreement in place.