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We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

S & J Rentals v. Hilti, Inc. – A Win for KCT in Oklahoma

Today, a District Court Judge for the Northern District of Oklahoma issued an order granting our request to re-transfer a case back to California—a very rare occurrence. The case is S & J Rentals v. Hilti, a class action lawsuit

IKEA Recalls Dressers After Toddlers’ Deaths

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Photo Courtesy of NBC News

In response to the death of three toddlers, and multiple injuries, IKEA has recalled its “Malm” series of dressers. Approximately 29 million chests and dressers were recalled due to the tendency to tip over and trap kids underneath. The giant furniture conglomerate, in explaining the recall, publicly announced that they “could be a danger” to children if used within the home.

The three children killed by an IKEA Malm dresser attempted to climb up the dressers, causing fatal injury when the dressers tipped over and fell.

Statistics

According to the Consumer Product Safety Commission (CPSC), unsecured TVs and large pieces of furniture cause the death of a child once every two weeks. The Commission further reported that 38,000 Americans go to the emergency room every year for injuries caused by the tipping over of TVs or top-heavy furniture. A 2015 report by the CPSC found that, if tipped over from an average sized dresser, a TV falls with thousands of pounds of force. These statistics prompted an “Anchor it!” campaign from the CPSC, urging homeowners, parents, and caregivers to secure their furniture to the walls.

Legal Remedies

There exist two different tests in California for determining whether a defendant can be held liable for a design defect. The first is the “risk benefit test” under which a plaintiff must prove the following before liability may be imposed:

  1. the defendant manufactured, distributed,  or sold the product,
  2. the plaintiff was harmed, and
  3. the design of the product was a “substantial factor” in causing the plaintiff’s harm.

Once these three facts are proved, then the plaintiff must prevail unless the defendant shows that the benefits of the design outweigh its risks.

The second test is the “consumer expectations test” under which liability can be imposed if plaintiff shows the following:

  1. the defendant manufactured, distributed, or sold the product,
  2. the product did not perform with the level of safety a normal consumer would expect it to when used or misused in a foreseeable way,
  3.  the plaintiff was harmed,
  4. the product’s failure to safely perform was a “substantial factor” in causing the plaintiff’s harm.

These two tests are alternatives and a defendant can be held liable if either test is satisfied. Failure to satisfy one test cannot be used as a defense, should the defendant satisfy the other one.

If you believe an entity is manufacturing, distributing, or selling products with a design defect, and thereby causing harm in California or elsewhere, call a design defect attorney in your area to help keep consumers and their loved ones safe.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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