Personal injuries that might have been prevented had it not been for someone’s negligence or a defective product occur every day in the United States. Dangerous toys, children’s products, and products used by and intended for adults frequently malfunction or otherwise cause users’ injuries. Accidents of every variety brought about by someone’s negligence, other wrongdoing, or medical malpractice also lead to injuries that could have been avoided through the exercise of reasonable care.
People who sustain personal injuries as a result of others’ negligence or defective products may be entitled to recover financial compensation through personal-injury actions brought against the responsible parties. When such personal injuries prove to be fatal, the victims’ survivors may be entitled to compensation for the damages they have suffered as a result of their family members’ deaths through wrongful-death actions brought against the same individuals or entities.
The Killino Firm’s San Francisco personal-injury lawyers have extensive experience with personal-injury cases, including those arising out of injuries caused by, among other things, driver negligence, careless daycare-center personnel, medical errors, dangerous toys and other products, and unsafe premises that have been negligently maintained. If you or a family member has been injured due to someone’s negligence or a defective product, contact The Killino Firm’s San Francisco personal-injury lawyers at 415-278-9278 for a cost-free evaluation of your case and additional information about your legal rights and options.
Legal Liability for Personal Injuries Caused by Negligence or Defective Products
Actionable personal injuries are sustained in many ways, including traffic accidents caused by driver negligence, falls and other accidents on dangerous premises, negligence in healthcare or childcare situations, and accidents caused by defective products.
Personal Injuries Sustained in Traffic Accidents
Driver negligence and defective motor vehicles and motor-vehicle safety equipment cause a great number of traffic accidents and victims’ resultant personal injuries. Truck drivers and the companies that employ and/or dispatch them, for example, are often found to have negligently caused traffic accidents and personal injuries or deaths through violations of Federal Motor Carrier Safety Regulations (FMCSR) or other instances of negligence. In such cases, the drivers as well as the companies may be found legally responsible for victims’ personal injuries in personal-injury or wrongful-death actions.
Motorcyclists, other drivers, vehicle occupants, and pedestrians may also sustain preventable traffic-accident injuries due to the negligence of other drivers or defective vehicles and safety equipment. Drivers who violate traffic laws and rules of the road or otherwise engage in negligent driving behavior may be found liable for traffic-accident victims’ resulting injuries. When traffic accidents and injuries are found to have been caused by defects in one or more vehicles involved, the manufacturers and others involved in the production and distribution of the defective vehicles may be held liable for such traffic-accident injuries. This liability may extend to injuries found to have been enhanced (increased beyond what they might have been) by defects in vehicles or vehicle safety equipment that did not cause the accidents. Thus, a defective car roof that collapses in a roll-over accident caused by driver negligence, for instance, may result in the liability of the vehicle manufacturer and others in the chain of the vehicle’s production and distribution for a vehicle occupant’s injuries determined to have been enhanced by the defective roof.
Personal Injuries Caused by Other Negligence
Negligence, in the context of personal-injury law, may be defined as the failure to fulfill the duty of care owed to another for that person’s safety and health. Negligence can occur in innumerable situations in which someone’s safety may depend on another’s exercise of care. Business patrons may be injured on business premises, for example, that have been negligently maintained by business owners or operators. Restaurant, hotel, amusement-park, and other business owners and operators have a duty to exercise reasonable care for their patrons’ safety and health and may be held liable for personal injuries caused by a breach of that duty. Thus, the owner and manager of a grocery store may be found liable for the injuries sustained by a customer who falls on the grocery store’s slippery floor, while the owner and manager of an apartment building may be found responsible for a child’s death caused by a fall from an unsafe window. Individuals and entities hired by business owners and managers to maintain business premises may also be found liable for injuries caused by negligent maintenance.
Medical negligence may also cause personal injuries and result in the liability of medical personnel as well as the clinics and hospitals that employ them. Surgical errors, misdiagnoses of illnesses, medication mistakes, and negligent treatment of conditions and illnesses are among the many types of medical negligence that can lead to such liability in medical-malpractice personal-injury actions.
Personal Injuries Caused by Defective Products
In addition to defective motor-vehicles, many other defective and dangerous products have the potential to cause serious injuries and deaths to consumers. Toys made with toxic chemicals that may be ingested by children who put the toys in their mouths, children’s highchairs that allow children to slip down and become strangled by leg holes or straps, household appliances that malfunction and release dangerous levels of carbon monoxide or other toxic gases, and work equipment that malfunctions and causes users’ falls, electrocution, or other injuries may all be found defective in products-liability personal-injury actions brought to recover compensation for the damages suffered by injured consumers. In cases in which defective products are found to have caused consumers’ personal injuries or deaths, the product designers, manufacturers, suppliers, assemblers, wholesalers, and retailers may be found strictly liable (i.e., without proof of negligence) for the damages suffered by the injured consumers or deceased consumers’ survivors as a result.
If you or your child has been injured in an accident of any kind due to someone’s negligence or a defective product, or as a result of medical negligence or error, The Killino Firm’s San Francisco personal-injury attorneys are ready to fight for the justice you deserve from the responsible parties. Contact The Killino Firm at 415-278-9278 for aggressive and dedicated assistance with your personal-injury case.