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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

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Are Boats Required to Have Insurance in California?

  California law does not require boaters to insure their boats. Despite California’s policy on boater’s insurance, it is wise to get coverage to minimize risks to your personal assets. Boating insurance is like car or home insurance; it covers

Firework Injuries – What are my legal rights?

Here, at Kershaw Cook and Talley we hope you had a wonderful and safe July 4th! July 4th is known for barbeques and other outdoor activities, and the most anticipated event: the fireworks show many neighborhoods put on for other members of their communities.

Due to the excitement associated with fireworks, an easily overlooked fact is that ordinary people are handling explosives. The United States Consumer Product Safety Commission updates their website periodically informing the public about any firework recalls because of the potential safety risks and dangers the explosive product poses.

Despite the obvious safety precautions one should take when lighting fireworks, firework injuries always occur. The 2016 Fireworks Annual Report estimated 7,600 fire-work related injuries between June 28, 2016 and July 18, 2016.

While firework injuries at home are most common, firework injuries also occur when people are spectators at large firework shows hosted by organizations. In this instance, the organization responsible for the fireworks display may be held liable for a person’s injuries if they do not properly supervise the activity that caused the injury or did something to increase the risk of harm. In certain cases, the city who hired the organization to put on the show may also be held responsible to an injured person.

Many firework injuries can also be caused by misuse. Examples of misuse are lighting a firework without clearing out the area from fire hazards, lighting the fireworks in one’s hand, or even lighting a firework in an improper position. Firework injuries can also be caused by a defect in the firework because it was not properly manufactured or designed. If someone is injured by a firework because of a malfunction, the injured person can potentially have a Products Liability Claim. (Blog Link: Who can be Held Liable in a Defective Products Lawsuit?)

To avoid any future injuries caused by fireworks please see the following safety tips before using fireworks:

Safety Tips to Avoid a Firework Injury:

If you or someone you know has been injured by fireworks, call our office to speak with experienced personal injury attorney about the legal options available after a firework injury. Call us at 916-779-7000 for a free case evaluation.

Sacramento Homes Damaged as Fireworks Continue

Photo Courtesy of South Seattle Emerald

Photo Courtesy of South Seattle Emerald

Independence Day may be over, but the resulting damage continues to cause trouble for local police and fire departments. Illegal fireworks, as well as legal fireworks used incorrectly, wreaked havoc across the United States, and the Sacramento area was no exception. The official numbers of how many fires were caused by fireworks in the Sacramento area over the weekend will be released later today. In an interview with Fox 40, Sac Metro Fire Captain Michelle Eidam noted, “[t]he saddest part . . . is, often it’s not the person who lights the fireworks who’s house got damaged.”

A home in Carmichael was severely damaged after fireworks ignited a plastic garbage can and then traveled to the home, causing over $100,000 worth of fire damage. The cars in the driveway were ignited along the way. Yesterday, a home in Antelope experienced severe fire damage as well, after someone in the neighborhood set off Bottle Rockets that ignited and traveled to their home, burning holes in their roof. And two South Sacramento homes were damaged over the weekend after someone threw a firework in the air that ignited a dry juniper tree into flames near the properties.

The Sacramento Fire District is bracing for more incidents over the next couple days, as people deplete their fireworks supplies for the year. The fire captain emphasized safety, reminding people to stay away from trees, dry grass, homes or other things that could catch on fire and to douse fireworks in water before disposing of them to make sure they are fully extinguished.

If someone has damaged your property due to their mishandling of fireworks, you may be able to hold them liable under a theory of negligence. Contact a California personal injury attorney for a free case consultation.

Illegal Fireworks Cause Multiple Injuries on Independence Day


Photo Courtesy of the Portland Tribune

Independence Day festivities involving fireworks escalated too far this weekend according to the NY Daily News, as police officers and civilians suffered hospitalizations and serious injuries from coast to coast. Both a 31-year old Nebraska man and a 9-year old girl in Los Angeles lost a hand due to illegal activities involving explosives, and a small girl in Compton suffered severe blast injuries to the face. Plenty of other people across the nation suffered injuries from explosions this weekend, including a man in Auburn, Washington who lost a hand while holding fireworks that exploded and two officers in Chicago who were at the receiving end of “half a stick of dynamite” tossed from a red Toyota Camry.

According to the Consumer Products Safety Commission (CPSC), during the month around July 4th, 230 people on average go to the emergency room every day with injuries caused by recreational explosives. In addition, an estimated 10,500 fireworks-related injuries were treated in US hospital emergency departments during 2014. 67% (roughly 7,000) of those injuries in 2014 took place between June 20 and July 20, illustrating the danger of overzealous Independence Day celebrations. In light of these statistics, it is important to exercise a bit of caution while enjoying Independence Day festivities.

In California, people are held liable for “ultrahazardous” activities regardless of the degree of care they exercise. However, courts have found fireworks not to be these types of “ultrahazardous” activities, and therefore liability for injuries caused by them is decided by traditional negligence principles. If one wielding fireworks breaches his or her duty of ordinary care in handling them, and such breach causes harm, the wielder is liable for the resulting injuries. Liability will be diminished in proportion to the percentage of fault attributable to the one injured. Consult an experienced California personal injury attorney if you or someone you know has been injured by the negligent handling of fireworks.

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.


“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.”

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