Piering Law Firm
Practice Areas and Legal Definitions

Automobile Accidents Overview

Automobile accidents injure millions of Americans each year. Car accidents are also the leading cause of brain and spinal cord injury in the United States, as well as a leading cause of neck and back injuries, orthopaedic injuries and neurologic injuries. Because of the devastating impact an injury has on a person's life, car accidents are often the subject of personal injury claims and lawsuits. In many cases, automobile accidents involve complex insurance claims which normally involve two or more insurance companies. The insurance companies have experienced adjusters and attorneys looking out for them. An injured accident victim should have an experienced attorney look out for him or her as well.

Insurance claims can be overwhelming, time-consuming and confusing. Injury victims may face lost wages, high medical bills, repair bills and other out of pocket expenses. It is important to have a qualified car accident attorney in your corner, making sure the proper investigation is completed, the insurance benefits are coordinated and that you, as the accident victim, are properly compensated.

Generally speaking, those who have suffered personal injury in automobile cases are entitled to recover damages for pain and suffering, disability, disfigurement, wrongful death, emotional distress, scarring, loss of enjoyment of life, interference with marital and/or parental relationships, and other types of what are known as “general damages.” In addition, accident victims may be entitled to recover for "special" or "economic" damages related to items such as past, present and future medical bills, lost wages and future earnings and earning capacity, and other out-of-pocket expenses. Some cases also require that certain "no-fault" benefits be paid following a traffic accident. Additional issues involve payment of health insurance benefits and subrogation or right of repayment claims by health insurers at the time the personal injury recovery is achieved.

Truck/Big Rig Accidents Overview

Over 250,000 dangerous large truck and 18-wheeler accidents occur each year in the U.S., and large truck related accidents kill and injure over 150,000 Americans per year. While large trucks and semi tractor-trailers comprise just 3% of the vehicles on American roads, they account for more than 25% of all passenger vehicle occupant deaths. In fact, nearly 78% of the people killed and 84% of the people seriously injured in 2-vehicle crashes involving a passenger vehicle and a large truck are the occupants of the passenger vehicle.

Serious injuries and fatalities are not the only toll inflicted by large truck accidents. They also inflict a significant financial toll:

The National Transportation Safety Board shows the average cost per
large truck and semi tractor-trailer crashes involving an injury is $217,000.
The average cost per large truck crash involving a fatality is $3.54 million.
The total cost of all semi tractor-trailers and large truck crashes in the U.S.
is over $ 34-billion per year. This constitutes a cost of $3,894,096 per hour.

Trucking accident lawyers see these three (3) most common risk factors in large truck accidents:

1. Reckless Driving

2. Mechanical Failures

3. Driver Fatigue

Motorcycle Accidents Overview

Over 4 million motorcycles are registered in the United States, and motorcycles are especially popular for recreation and transportation in Southern California. Motorcycles are fun to drive, they offer excellent fuel efficiency, and can be less expensive to buy than a car. Motorcycles are, however, significantly more dangerous than cars, and motorcyclists may become seriously injured or killed in collisions with cars and trucks. Motorcyclists comprise just two percent of all registered vehicles in the United States, yet approximately five percent of all highway fatalities each year involve motorcyclists and their passengers.

A collision between a vehicle and a motorcycle driver is a gravely unequal contest. In contrast to cars and trucks a motorcycle itself provides virtually no protection in a crash. In a motorcycle accident, the motorcyclist’s injuries are likely to be far more serious than those of the vehicle’s occupants.

Even when motorcyclists and their passengers use safety equipment such as a helmet and protective clothing, they may become injured as a result of faulty highway design, or because of defective safety equipment or a malfunction of the motorcycle.

At the Piering Law Firm, we have handled various motorcycle accident cases, including accidents with negligent automobile operators, negligent motorcycle operators, non-DOT approved (“novelty helmets”)/DOT approved helmets, and defective motorcycle luggage causing accidents.

Bicycle Accidents Overview

Bicycling is a popular activity and in the course of engaging in this activity, bicyclists are sometimes injured and killed in collisions with cars. Obvious hazards for cyclists are cars and trucks, but faulty equipment, especially helmets, and dangerous roadways also present dangers.

When you have been injured in a bicycle collision with a motor vehicle as a result of another person’s negligence, California law recognizes your right to be compensated in several different areas. At the Piering Law Firm , we can help you get the medical care and rehabilitation you need. Whether you face hospitalization, surgery, long-term physical therapy or even future medical help, you have the right to seek compensation for all medical expenses, past and future, that you incur as a result of your injuries. Despite these rules, the defendants’ insurance companies will delay paying these bills until they resolve your case through settlement or trial.

You also have a right to seek compensation for loss of income and earning capacity, whether you are salaried or self-employed. California law additionally recognizes your right to seek compensation for your ability to perform household functions, and for pain and suffering. Generally speaking, those who have suffered personal injury in bicycle cases are entitled to recover damages for pain and suffering, disability, disfigurement, wrongful death, emotional distress, scarring, loss of enjoyment of life, interference with marital and/or parental relationships, and other types of what are known as “general damages.”

In addition, accident victims may be entitled to recover for "special" or "economic" damages related to items such as past, present and future medical bills, lost wages and future earnings and earning capacity, and other out-of-pocket expenses. Some cases also require that certain "no-fault" benefits be paid following a traffic accident. Additional issues involve payment of health insurance benefits and subrogation or right of repayment claims by health insurers at the time the personal injury recovery is achieved.


Boating Accidents Overview

Boating accidents may occur on privately owned recreational vessels, on recreational and commercial fishing boats, and on very large commercial ships.

The US Coast Guard reported that in 2002 more than 12.5 million boats and personal watercraft (PWC) were registered in the United States. In particular, the popularity of personal watercraft, such as Jet-Skis and other brands, has increased enormously over the past 20 years. Each year the Coast Guard logs more than 8,000 boating accidents. These result in over 4,000 serious injuries and 800 deaths annually.

Cabin cruisers, boats with outboard motors and jet skis are the watercraft most frequently involved in recreational boating accidents. Injuries can occur from collisions between boats or between boat and dock or other structures. Propeller accidents are another frequent source of injury. Serious injury and drowning can result from a person falling overboard. Bodies of water are governed by various city, county and state laws and recreational boating accidents are governed by these laws. The body of water on which you were injured will determine what your legal rights are.

Crews on commercial vessels frequently work for extended hours and under hazardous conditions. Sailors injured through the negligence of a vessel operator or another crew member, or the unseaworthy condition of the vessel have rights under the Jones Act, also known as the Merchant Marine Act. The Jones Act provides for injured sailors to seek damages for the negligence of the ship owner, the captain, or fellow members of the crew. They may seek to recover medical expenses and damages for pain and suffering, and recover lost wages, future earnings and other general damages.

Train Accidents Overview

Train injuries and fatalities in the US have increased 15% since 1998, according to rail safety officials. While train injuries in car-train collisions at railroad crossings have clearly increased, derailments causing serious railroad injuries in Amtrak train collisions have soared a shocking 32%.

There are 218,000 miles of track in the US. Despite improvements in track signals, train controls and railroad communication technology, the incidence of fatal train collisions has dramatically increased in recent years. According to Federal Railroad Administration statistics the number of train derailments in 2001 was the highest since 1985. In 14 major categories, including on-board fires, rear-end collisions, collisions caused by faulty equipment, and crashes involving trucks or cars, 2001 was the worst year for train collisions and injuries in over a decade.

There are more than 250,000 highway-rail crossings in the United States, and collisions at crossings account for of 96% on train-caused injuries. Three major factors contribute to these injuries:

1. Crossings whose warning mechanisms do not adequately warn of the danger posed by the intersection;

2. Bells, crossing gates, lights and other signaling devices that fail to operate, and fail to warn drivers and pedestrians of approaching trains, and

3. Visibility compromised by overgrown brush or trees preventing drivers from seeing approaching trains.

Human factors contributing further to train accidents and derailments generally follow one of three conditions:

1. Sudden, unpredictable health problems of a crew member, like a heart attack;

2. Substance abuse, and

3. Errors caused by fatigue

While catastrophic health problems are largely unavoidable, and post-accident drug testing has dramatically reduced the incidence of substance abuse, fatigue remains a key factor in a large number of train collisions.

Many train workers agree that the grueling schedules and consequent sleep deprivation were the most serious safety issue on the nation's freight trains. Because of past concerns about fatigue-related crashes, Federal Railroad Administration law now limits train-operator work shifts to 12 hours. This work rule means that workers are frequently being marooned in a company motel far from home. Workers attest that time off in that situation is not equivalent to restful nights sleep.

Injuries in train collisions generally surpass minor contusions and lacerations, graduating instead to broken bones, catastrophic trauma, and even death. Amputations are also a frequent injury consequence.

Dangerous Roads Overview

Over 25,000 of the 42,643 people killed on our nation's highways in 2003 died when their vehicles left their lane and crashed. Sometimes these accidents involved vehicles crossing the center line and crashing. Other times they involved crossing into the shoulder and rolling over, dropping down a slope or cliff, or colliding with objects such as trees, poles, walls or abutments. While such accidents may have many causes, one danger often overlooked by lawyers is some problem with road design or maintenance, or what is commonly known as a "dangerous road."

Dangerous roads are a significant cause of car accidents. A dangerous road can result from faulty design, faulty construction, faulty maintenance, or faulty adaptation to changing conditions. Your dangerous roads attorney should assess whether any or all of these problems may have contributed to an accident that may have resulted in injuries to you or a loved one.

20% of all fatal road accidents involve a single car that runs off the road, often rolling over or colliding with a fixed object. While government defendants often argue that such accidents result from driver error, dangerous roads may be all or part of the cause of the accident.

Dangerous road cases are difficult and expensive. The government bodies controlling the roads have strong defenses put in place by the government itself. Therefore, proving that a dangerous road caused an accident can be a challenge. Investigation of the dangerous road site and its history requires substantial attorney work, expense, and expertise. But successful cases not only benefit the client: they directly force changes in dangerous road conditions that can save lives - changes that might not otherwise occur at all.

Wrongful Death Overview

In wrongful death claims, our objective is to maximize the financial recovery for surviving family members including loss of support and services from the date of decedent's injury, future loss of support and services, recovery for loss of decedent's companionship, and protection, pain and suffering from the date of injury. Whether the accidental death arises at a construction sites, through a defective product, automobile or motorcycle accident, we are aggressive in the pursuit of compensation from those who are responsible for the loss of a loved one.

We work with families to assist them in not only securing answers to the numerous questions presented in wrongful death case, but also in securing the necessary financial support for surviving family members entitled to assert a wrongful death claim.
Surviving family members are entitled to compensation from those responsible for medical bills and funeral bills. Additionally, families who have lost a loved one may be entitled to other monetary compensation, including the value of the loved one’s future wage-earning capacity and the value of services that the loved one provided, such as household chores and other services to the family.

Although not as easily quantifiable, family members are also entitled to compensation for the value of lost companionship, advice and guidance because of the wrongful death of a loved one. We take the time to explore all available avenues of recovery and all categories of damages. While such compensation will never replace the lost family member, it can often alleviate the financial stress resulting from the loss.

Wrongful death subsumes a variety of personal injury matters, including automobile accidents, premises liability, products liability, medical malpractice, construction accidents and any other area of personal injury law. The difference is the severity of the injury and, when a loved one dies because of an act or omission of someone else, it is important to consult with experienced personal injury and wrongful death lawyers.

At the Piering Law Firm , we take immediate steps to preserve evidence, investigate the facts and circumstances and consult with family members on insurance and other pressing issues. We then take the time to posture our client's claims for the maximum possible recovery and understand that if a loved one has suffered an untimely death in a fatal accident at the hands of another, it is an ongoing and unfair tragedy for your entire family.

Burn Injury Overview

The National Institute of General Medical Sciences, part of the National Institute of Health, defines a burn as tissue damage caused by a variety of agents, such as heat, chemicals, electricity, sunlight, or nuclear radiation. Most common are burns caused by scalds from flammable liquids and gases, burns in motor vehicle accidents, building fires, and explosions. According to the American Burn Association, each year in the United States, 1.1 million burn injuries require medical attention. Approximately 45,000 of these require hospitalization, and roughly half of those burn patients are admitted to a specialized burn unit.

About 4500 people die from burns each year in the US. This number is a sharp reduction from the 9000 annual fatalities from burn injuries of 30 years ago. The change reflects increased medical understanding of burns and their treatment. Burn survivors also have improved health, functioning, and quality of life. Because burns damage the skin's protective barrier, they are often followed by serious infection. Another 10,000 people die every year in the United States of burn-related infections. Among hospitalized burn patients pneumonia is the most common infectious complication

Severe burns are among the most devastating types of injuries. If you or a loved one is a burn survivor, you may take some comfort in learning about your legal rights which, if exercised with the skill and knowledge of an experienced attorney, can ease your burden.

Bone Injury/Fractures Overview

At the Piering Law Firm, we understand how to thoroughly investigate and pursue cases involving bone fractures, spinal cord injuries, and other serious injuries. We focus on identifying the medical, rehabilitation, and financial help our clients need to recover as fully as possible from their injuries. Our knowledge, extensive experience, and commitment to obtaining positive results has made the difference in numerous cases involving bone fractures and other serious injuries. We will work to help you obtain the financial help and medical treatment you need to recover and get on with your life.

Bones are constantly at work renewing cells in a process called remodeling, which aids in the healing process. The treatment chosen depends upon the type and severity of fracture a person has. Many fractures do not affect the bone alignment, and only require protection of the bone with a splint or cast while it heals. However, if the bone is not lined up correctly, your doctor may decide to "reduce" or re-align the bone. With reduction, the bones are put back in to the correct position to ensure alignment during the healing process. There are two types of reduction.

1. With external (closed) fixation, a fracture is placed in a splint or cast where immobilization of the fracture facilitates healing in a stable position. This method requires no surgery and is most often used in less severe fractures. In rare cases, traction is used to stabilize the bone. Traction involves putting the bone under tension with the use of weights and pulleys. In severe breaks or where there is concern about how the bones will heal, an electrical machine may be placed on the outside of the bones at the location of the break. These machines are used to stimulate the bone to heal faster.

2. With internal (open) fixation, surgery is performed on the affected areas and is most often used with comminuted fractures. During this procedure the patient or affected area is put to sleep. Internal fixation currently employs four methods, though with advances in medical technology more are certain to follow.

Wires used alone or in conjunction with other material are used on fractures of smaller bones, like those found in the hand or foot. Plates may be used to act as a splint and hold two pieces of a bone together with screws. Rods may be placed through the core of the longer bones and may also be held together with screws. Screws are used alone or with other internal fixation devices and are the most common article used.

Whether external or internal fixation is employed, the most important and overlooked contribution to rehabilitation is time. Depending on the age of the injured and the scope of the injury, recovery may span a few weeks to several years. In addition to the time needed to mend the bones, physical therapy is often a useful and effective tool to increase the rate of healing as well as prevent atrophy of the bones.

Brain Injury Overview

A traumatic brain injury is caused by an unexpected force to the head including, the head hitting an object, or an object piercing the skull and coming into contact with the brain. It can also be caused by the sudden slowing of the head, which causes the brain to strike the skull, without the skull ever striking any object. Two groups of people who are the most at risk for brain injury are young men between 15 and 24 and the elderly.

Suffering a brain injury usually changes the victim's life forever. There are many serious consequences that result from a brain injury, which may include:

Speech impairment
Paralysis
Perception difficulties
Communication difficulties
Mood changes
Seizures & Related Disorders
Depression
Memory problems
Difficulty concentrating
Spastic muscles

Brain injuries frequently require surgery to alleviate some of the blood and pressure that has gathered near the brain. There are many different treatments and specialists that a brain injury patient may require, including a speech pathologist, physical therapist, psychologist, psychiatrist, occupational therapy, medication regimens, and a variety of rehabilitation services. The economic and social impact of brain injuries, even mild traumatic brain injuries, can be devastating and life altering.

Neck and Back Injury Overview

In serious accidents the spine can be injured, anywhere from the cervical area (the neck) down through the lumbar area (the lower back). The spinal cord transmits both feeling and control between the brain and all of the body. If the injury damages the spinal cord, the impact to an individual can be catastrophic. Experienced spinal cord injury attorneys understand the gravity of these injuries, and the impact on a person’s life.

When a person sustains a spinal cord injury, teams of doctors work to help the individual achieve the best medical and rehabilitation outcome. Immediately following an injury a neurosurgeon and/or orthopedist will be involved in the acute care. Once a person is stabilized, a physiatrist, a doctor who specializes in rehabilitation for seriously injured individuals, will be brought in. Throughout California there are outstanding rehabilitation facilities such as the Sharp rehabilitation facility in San Diego where the physical rehab doctor (the physiatrist) mobilizes a skilled team of speech therapists, physical therapists, vocational counselors, and other specialist to help an individual achieve their maximum rehabilitation potential.

An injury in the lower spine can result in paraplegia, the loss of use of the legs, imposing severe restrictions in a person’s life. If the paraplegia is permanent, a person must plan their entire life around the restrictions that come with the loss of use of their legs, including permanent use of wheelchairs. Seasoned San Diego spinal cord injury attorneys understand the realities of wheelchair use, and the need to redesign and rebuild a home so that a person can use their kitchen, their bathroom and can navigate other spaces.

Injuries higher up the spinal cord can result in quadriplegia, a loss of use of both arms and legs. An individual with quadriplegia may need mechanical assistance to breathe, and 24- hour around the clock assistive care to survive. An experienced quadriplegia attorney knows what this diagnosis can mean to a person and their family and can help them think through their needs.

At the Piering Law Firm, we can help you in your claim for compensation due to disc injury or spine injury, including:

Drowning and Pool Accidents Overivew

Swimming accidents claim the lives of over 1,000 children each year and accidents in swimming pools account for over 1/3 of the fatalities. Thousands of adults will also die or suffer catastrophic injury as a result of swimming mishaps this year. According to statistics from the Center for Disease Control ("CDC"), there number of accidents is on the rise.

The drowning rate for children under sixteen (16) was alarming and was actually twenty five (25%) percent of the total of all drowning accident deaths in the United States. According to the CDC, approximately three hundred and fifty (350) children five (5) years of age and under, suffer death from swimming pool drowning accidents every year. Drowning injury, such as death and coma, is the second highest cause of drowning wrongful death for the children five (5) years and under age group. Automobile and truck accidents are the second highest cause of death accident in this age group.

At the Piering Law Firm , we recognize this is a staggering statistic that cannot be ignored by a caring parent or property owner with a Jacuzzi hot tub, Jacuzzi bathtub, Whirlpool* hot tub, lap pool, or swimming pool. In fact, statistics also show that as of 2000, over two thousand, six hundred (2,600) small children are admitted to emergency care in hospitals, and treated for drowning incidents, like coma, brain injury, broken bones and contusions related to drowning incident accidents.

At least five thousand (5,000) additional small children suffer permanent injury like nerve damages requiring future medical care and treatment and expensive in house care or hospitalization for the permanent neurological disability. Most drowning injury occurs in backyard Jacuzzi hot tub, Whirlpools, other hot tubs, spas and other types of recreating water tubs like swimming pools, including shallow lap pools, for example.

Land owners with pools and exposed or open Jacuzzi hot tubs, generic hot tubs, Whirlpool hot tubs in their back yard are usually mandated by California law to fence the area surrounding the pool and to have special child proof gates and access areas.

Pedestrian Accidents Overview

Each year in California, thousands of innocent victims are seriously injured and even killed as they attempt to do something as simple as cross the street. Pedestrian injury and fatalities from driver negligence is the cause of hundreds of traffic-related accidents each and every day in the United States. An average of 110,000 pedestrians are injured every year in the United States and almost 60,000 pedestrians die, many from being struck by an oncoming car, truck or other motor vehicle. Statistics like these are staggering and include people of all ages, but a large number of fatalities are young children. Pedestrians can be extremely vulnerable and exposed. Even a vehicle traveling at low speeds cause cause pedestrian injury or deaths. Injuries sustained in these accidents are all too often severe or life threatening.

Pedestrian Accident Statistics:

Over 4,800 pedestrians died in traffic-related accidents Pedestrians traffic accidents occur nearly 215 times a day Nearly 70% of pedestrian fatalities were men Over 70,000 pedestrians were injured in traffic-related accidents. These numbers reveal the problem of human error on the part of both pedestrians and motorists when it comes to unsafe travel practices. Confusion and inattention are the two main reasons that accidents take place. Males have a high occurrence of accidents, along with young people, smaller children, of course, and then the elderly.

This year, if the statistics are any indication at all, another 70,000 pedestrians will be injured in traffic-related accidents, and 5,000 more will die. We also know from statistics that nearly half of those deaths will occur between 3:00 and 4:00 p.m., when our children are on their way home from school. Negligent drivers are on the roads all throughout the day, every day.

At the Piering Law Firm , we are committed to protecting your rights. We will fight to recover the maximum award allowed by law in the case of driver negligence. If you or a loved one has been injured in a pedestrian accident, or if you have lost a loved one due to the negligence of a reckless driver, contact the personal injury lawyers at the Piering Law Firm today. There is never any fee to have your auto accident injury case evaluated and there's never a fee unless we win your case.

Similar to bicycle accidents, a pedestrian does not have the protection that a motor vehicle driver enjoys if they collide with you. Injuries in pedestrian accidents are rarely minor because they are unexpected and the pedestrian struck has virtually no protection from severe injury.

Dog Bites Overview

Pet owners are legally responsible for the behavior of their dogs. In most dog-bite cases, the dog's owner will be required to pay for the scarring and disfigurement, pain and suffering, and all medical bills and lost wages associated with a dog attack. In certain instances, the person or business taking care of a dog, often called the boarder, keeper or harborer, may also responsible.

Unfortunately, a large number of dog bites cause serious injury to small children. Scars can be a serious, life-long result of a dog bite. Children are particularly susceptible to bites around the head and face and often suffer disfiguring scarring. Scars are more than physical injuries, also causing emotional injuries and fear. Scars may require plastic surgery which often must wait until the scar matures, usually about a year. In the case of a child, plastic surgery may need to wait until the child is finished growing after puberty. Scarring has a very real impact on self image and can have significant psychological impact.

If you have been bitten or injured by a dog in California you may be entitled to compensation. The only instances where a dog owner would not be liable is if you are somewhere you may not legally be (trespassing) or if you provoked the dog. Absent those narrow circumstances, the owner of the dog would be liable to you for the injuries you have suffered. This also extends to being entitled to compensation even without actually being bitten. If you are knocked over or fall as a result of the actions of a dog you may be entitled to compensation.

Slips and Falls Overview

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly

Construction Site Injury Overview

Working at a construction site is one of the most dangerous occupations in the United States. In 2006, the latest year for which statistics are available, the Bureau of Labor Statistics reported 1226 fatal incidents in the construction industry. General unskilled laborers are the group most at risk, accounting for 27% of construction site deaths. Ironworkers and roofers also experienced high rates of injury and death.

Another 415,000 workers were injured or contracted illnesses on construction sites, many of them incurring serious disability and career-ending injuries. Among the skilled construction trades, framers, foundation workers, and those involved in exterior construction suffered the highest rates of injury.

Back injuries are the most frequently occurring injuries on construction sites. Arms, legs, and hands are the next most frequent kinds of injuries. Falls are the greatest cause of deaths on construction sites.

The chief causes of construction site injuries and death are unsafe work practices and unsafe worksite conditions. These most often are caused by employers’ failure to comply with federal and state mandated safety practices, failure to provide adequate safety equipment such as scaffolding, safety harnesses and fall protection devices, failure to provide safe and properly functioning tools and machinery, use of worn and failing cables, and trenches that have not been properly graded and shored. Excessive work schedules without adequate rest breaks and work in inclement weather and poor visibility also increase the risks workers face.

Defects In Home Products/Appliances Overview

Many people receive injuries as a result of household products that are manufactured with an unsafe design, faulty materials or faulty parts. These products can include exploding pop bottles, hammers or nails that fragment when used, children's toys, improper electrical wiring in a toaster, cigarette lighters, space heaters and a number of other ordinary household products.

If you have been seriously injured as a result of a defective product, you may have a case against the manufacturer -- if it can be proved that the product was unreasonably dangerous. Usually this proof is supplied by a technical expert, in a particular field, who will examine the product in question.

It is important to identify the responsible parties and any witnesses that may have seen the mishap. It is also important to preserve evidence. Most cases involving defective household products must be brought within four years of the date of the accident.

While there are exceptions to this general rule, it is important to have your case fully investigated as soon as possible. Delaying investigation on these types of cases may make it harder to prove there was a defect.

Premises Liability Overview

Premises liability refers to an area of the law governing the obligations of property owners, lessors and tenants. Under California law, each are required to maintain their property in a reasonably safe condition. If a person is injured as a result of a dangerous condition on the property that the owner or occupier knew or should have known to be dangerous, a claim may exist for recovery of damages.

California law states that an owner of property in a dangerous condition will be responsible if they created the condition (for example, allow a hole to exist in a walkway without covering it up) or knew about the condition (somebody had left grease on a floor and the employee knew about it but had failed to have it cleaned up) or should have known about it (a dangerous condition existed but the employer never bothered to check into it). Experienced premises liability attorneys know how the law applies to worksites, commercial establishments, homes, and other property where accidents may occur.

Product Liability Overview

If you are injured because of a defective product, the law gives you the right to bring a claim against the manufacturer and retailer of the product. This body of the law is known as product liability.

A product can be anything from an automobile, a chemical, a machine, a tool, motorcycle helmet, thermos, food or drink. To recover for a product that is defective, the defect must have caused the injury. Generally, a product can be defective in one of three (3) ways:

1. It can be manufactured improperly. (It breaks and causes an injury)

For example: if a chain broke because it wasn't forged correctly and then caused an injury, you would be able to file a claim against the manufacturer.

2. A product can also be defective because it has an improper design.

For example a product that does not have adequate guarding devices, could be considered defective. It could also be poorly engineered where the design is responsible for injury.

3. A product can be defective if it does not have adequate warnings.

Some products are unable to be equipped with guarding devices and in certain situations the law requires a warning. If the warning or caution is not considered an adequate or appropriate, then a product may be considered defective.

Proof of a defective product is complicated and usually requires a technical expert in the particular field to testify. If you are injured by a defective product, it is very important that the product be kept as evidence. If the product is too large and you cannot take control of it, then pictures must be taken as soon as possible to prove what the product was like at the time of your injury.

If you are injured, it is important to immediately contact a lawyer experienced in this area of law. Generally, most product liability cases must be brought within two years from the date of the injury. To have the best chance of winning your case, it is important to have the accident promptly investigated and the product examined by an expert while the evidence is fresh and witnesses still available.



Contact the Piering Law Firm to schedule your free and confidential initial consultation. All cases are handled on a contingent fee basis, meaning there is no legal fee charged until we recover for you. Talk with an ethical and dedicated lawyer committed to your recovery. We will be with you all the way. We are available to speak with you 24-hours a day, 7 days a week, with home and weekend appointments when necessary.