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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.

Illegal Fireworks Cause Multiple Injuries on Independence Day

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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.

Freedom from Distracted Driving: July 4th Safe Driving Tips

The fourth of July weekend is a chaotic travel period in California, and the deadliest on the roadways. Focus on fun and safe driving. Distracted driving will ruin your weekend, and can put your life or someone else’s at risk. “This is a time for celebration, not tragedy,” said California Highway Patrol (CHP) Commissioner Joe Farrow. “Celebrate this Independence Day by having fun but also by being responsible in the choices you make.” Here are 10 safe driving tips to start your Independence Day off right:

Ensure your car is in good working condition before leaving. Get a tune up; check tire tread and pressure, oil and fluid levels, working lights and windshield wipers, etc.

Buckle up. Last year during the Independence Day weekend in California 32 people were killed with 70 percent of those killed not wearing a seat belt. According to the Centers for Disease Control (CDC), seat belts reduce serious crash-related injuries and deaths by about 50%. Adults who live in rural areas are 10% less likely to wear seat belts (78% usage) than adults who live in urban and suburban areas (87% usage). Also, secure infants and children in properly fitted car seats and booster seats. In the majority of accidents, seat belts save lives.

Don’t drink and drive.  California law defines driving impaired as a crime with a blood alcohol concentration (BAC) at or above 0.08 percent (0.08 g alcohol per 100 ml blood). Last year on Independence Day, more than 1,300 people in were arrested by the CHP for driving under the influence.The Department of Motor Vehicles (DMV) provides fast facts about driving under the influence. According to the CDC, one 12-ounce beer is equivalent to one 5-ounce glass of wine, or 1.5-ounce shot of liquor. Drinking alcohol slows reaction time and impairs judgment and coordination, all skills needed to safely drive a car.  The more alcohol consumed, the greater the impairment. If you drink, don’t drive. Designate a sober driver or use a taxi service, private car or ride share.

Sobering Facts. According to the National Highway Traffic Safety Administration (NHTSA), during Fourth of July periods from 2008 to 2012, 765 people were killed in DUI-related crashes nationwide. The CHP will be out in full force during the holiday weekend in an effort to reduce roadway deaths and prevent injuries. The Independence Day Maximum Enforcement Period (MEP) begins on Friday, July 3, at 6 p.m. and continues through Sunday, July 5, at 11:59 p.m. All available officers throughout the state will be deployed during the MEP to focus enforcement on occupant restraints, speed violations, and those driving under the influence of alcohol or drugs.

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Observe speed limits.  Think ahead and allow plenty of time for arriving to your destination. You will share the road with thousands of other drivers, road construction, and traffic is probably unavoidable.

Stay alert. Take a break if you are tired or drowsy. Take advantage of rest stops. Drive alert.

Avoid distractions. Don’t talk or text on your cell phone while driving. Talking or texting while driving is against the law in Sacramento County and anywhere else in the state, the CHP warned. Program your GPS before leaving or when stopped, never while driving. Ask your passenger to be in charge of music. Don’t put on makeup while driving. Don’t eat, open or close food packaging while driving. Other vehicles may be getting in your lane, turning, or slowing down. In-car distractions diminish your chances of driving defensively when you need to most. One or two seconds of distractions can negatively impact your life and the lives of others.

Load SUVs properly. When loaded down with additional weight—such as passengers, luggage, and equipment—SUVs become less stable. Compared to most sedans and station wagons, SUVs have a higher center of gravity. With the extra weight, which typically rides above a SUV’s center of gravity, the vehicle can tip over more easily.

Drive cautiously on rural roads. According to the National Highway Transportation Safety Administration (NHTSA), more accidents occur on rural roads than other venues.

Secure your pet. Most likely you wear a seat belt. What about your pet? Cats and dogs should be secured in crates that are secured by straps or bungee cords in the event of a sudden stop. A loose pet or a hurling crate can crash through the windshield. Protect your 4-legged friends.

Act like your life depends on driving safely. It does.

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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