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Defective Medical Products

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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

Fourth of July Safety Tips

Photo: SFGate

Nothing says “summer” like backyard barbecues and fireworks on the Fourth of July. Independence Day is a great excuse to get together with family and enjoy some nice weather. Unfortunately, it is also the most dangerous holiday of the year. Alcohol, fireworks, and crowded pools contribute to large amount of injuries occurring each year. So, with the holiday fast approaching, keep these important safety tips in mind.

Use extreme care when handling fireworks. Fireworks are a culprit for severe burns and wildfires when mishandled. If you plan on celebrating with fireworks this year, follow these tips from the U.S. Consumer Products Safety Commission:

Grill safely at home. Each year people are injured while barbecuing on charcoal or gas grills. Ensure your family stays safe at your backyard-BBQ with these tips from the Red Cross.

Stay safe while swimming. If you plan on taking your family to the beach or lake this year, stay afloat with these water safety precautions from PGE:

Don’t forget about your pets! As fun as the Fourth of July is for humans, all the commotion can be dangerous and stressful to animals. Keep your pets happy and safe with this guidance from the ASPCA:

With these tips in mind, you should enjoy a safe Fourth of July with family and friends.

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.

Safety Tips: 4th of July

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Independence Day is one of the most celebrated holidays of the year. People put on their red, white and blue and flock to celebrate the occasion with friends and family. Fireworks are a staple of the holiday as well, with loud booms and colorful sparks resonating across the country. However, precautions are important when using fireworks, as their use causes more than 50,000 fires each year. Below is some information for fireworks safety.

According to Health and Safety Codes §§ 12505 and 12529, California divides fireworks into two categories: ‘dangerous fireworks’ and ‘safe and sane’ fireworks. Some common fireworks that fall under the category of dangerous fireworks are: firecrackers, skyrockets and rockets, sparklers more than 10 inches in length or one-fourth of one inch in diameter, torpedoes of all kinds which explode on impact, chasers and roman candles.[1] Safe and sane fireworks are defined as any fireworks that don’t fall under the dangerous fireworks or exempt fireworks categories.

In California, it is illegal to possess dangerous fireworks without a valid permit.[2] Furthermore, anyone who sells or delivers dangerous fireworks to someone under 18 years of age is subject to a fine of between $500-$1000 and/or imprisonment in county jail for up to one year.[3] Safe and sane fireworks may be purchased and used by the general public, subject to state and local regulations. A good way to find out what restrictions are placed on safe and sane fireworks in your area is to contact your local fire department.

Here are some additional tips:

Report illegal explosives, like M-80s and quarter sticks, to the fire or police department

[1] Refer to Cal. Health & Safety Code § 12505 for the full list.

[2] Cal. Health & Safety Code § 12677

[3] Cal. Health & Safety Code § 12700

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

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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.

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