Padilla Law Group, LLP

November 2018 Archives

What are the elements of an auto part defect claim?

Consumers in California buy automobiles with the expectation that they are safe to operate on a daily basis. While this is generally the case, sometimes vehicle defects create situations where innocent motorist are seriously injured. These victims can face significant losses that are emotional, physical and financial in nature. This is why some of these victims choose to seek compensation through an auto product liability lawsuit. To succeed on one of these claims, an individual must prove three legal elements. The first is that the defective auto part was unreasonably dangerous. This characteristic may arise at any point along the manufacturing and supply chains. Therefore, a defective design may be enough to satisfy this element. So, too, may errors in shipping the auto part. Even an inadequate warning may be enough to show that the product was unreasonably dangerous. The second and third elements of an auto product liability claim are similar. The second is that the vehicle product in question was being used as intended at the time the injury was suffered. The third element is that the product was not substantially altered in a way that affected its intended use. Therefore, those who have substantially altered their vehicles may struggle to show that they were injured by a defective auto part, although it's not impossible. If these elements can be shown, then strict liability can be imposed. If successful, a victim will simply need to show the extent of the damages imposed upon him or her. It may sound easy enough to prove only three legal elements, but the truth of the matter is that defense attorneys have numerous strategies to try to combat these types of claims. Therefore, it is often wise for victims of defective auto products to seek assistance from skilled legal professionals.

Attorneys can assist with brain and spinal cord injury claims

Brain and spinal cord injuries are life-altering events. Sufferers are often left with impaired physical abilities, and some are rendered disabled for the rest of their lives. The emotional and financial toll placed on these victims and their families is nothing short of astounding. Those in California affected by brain and spinal cord injuries may find it hard to move forward, as the challenges awaiting them are enormous. Although hope of better treatment options are always looming on the horizon, these victims and their families should consider taking legal action if appropriate, in hopes of recovering the compensation they need to acquire the best medical care that is currently available.

Sleep-deprived drivers are as dangerous as drunk drivers

If you are like most California residents, you wouldn't consider getting behind the wheel after drinking. You know that doing so puts lives in danger. Drunk drivers' abilities diminish to the point where they may not even realize they have crossed over into oncoming traffic, run a red light or stopped in the middle of the street.

Child brain injury sufferers may develop neurological issues

Car accidents and sporting accidents can leave a child in Encinitas with serious injuries, including those that affect the brain and the spine. While these injuries can leave a victim with significant physical deficiencies, they can also cause long-term neurological problems.

Researchers replicate brain injuries to further treatment options

Suffering a blow to the head can leave an individual dazed and confused. Some people in California who experience this sensation shrug the matter off as symptoms fade, but in reality they may have suffered a brain injury. Statistics show that 2.5 million people suffered a brain injury in 2010, but experts suggest the number of actual brain injuries suffered per year may be much higher, because many people who suffer a blow to the head fail to seek medical treatment.

Rail industry slow to put safety measures in place

When you think about train crashes, you likely remember the same news stories others in California hear. Those accidents make compelling news, with miles of cars toppled across the tracks and hundreds of victims hospitalized or dead. What you may not realize is that train accidents occur across the U.S. every week, but only the most traumatic receive media coverage.

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