Overview of Personal Injury by Our Santa Monica Personal Injury Attorney
Personal injury law in the state of California is applicable to several types of cases, including incidents of slips and falls, medical malpractice, negligent security, vehicular accidents, and property damage. Although the general concepts of personal injury are pretty much universal across the country, each state has exclusive laws that will have an effect on the outcome of your case. Our Santa Monica personal injury attorney can further inform you of your rights as they relate to the facts of your particular case.
In general, when a person fails to use reasonable care, either through his actions or inactions, and that failure causes injury, that act is considered to be negligence. Under California law, in order to prove negligence, you must prove that you were owed a duty by the person who actually caused your injury and that he or she breached that duty. Additionally, it must be shown that the person’s failure to fulfill the duty owed was what caused your injury and that you, in fact, suffered damages. If you believe that you have suffered an injury due to someone’s negligence, you should seek the assistance of a Santa Monica personal injury attorney.
In the case of defective products, strict liability (rather than negligence) usually applies. Products may be defective for many reasons, to include a manufacturer’s use of low-grade or poor quality materials, flawed assembly, or a design defect. In California, several elements must exist in order to prove strict liability. For instance, it must be shown that the product at issue was defective and unreasonably hazardous, even when properly used. If the defective nature of the product is clear, the hazard stemming from that defect should not have been something that was “open and obvious” or clearly evident, such that you could have avoided being injured from it. However, if the defect was not obvious, then it must be clear that the defect was what caused your injury and that you suffered damages because of that injury. Our Santa Monica personal injury attorneys are skilled in determining whether or not you have a compelling case that is court-worthy.
Compensation for personal injuries in the state of California can be granted for things such as past, current, and future medical expenses; loss of income; disability and disfigurement; pain and suffering; emotional distress; and other associated costs that have been incurred as a direct result of your injury. However, keep in mind that California utilizes the principle of comparative negligence, which means that if you were in any way responsible for your injuries, your compensation will be reduced by the amount of your blame, percentage-wise. Still, you have the right to sue for the remaining portion of fault, even if you were 95% to blame for the accident.
Contact Our Santa Monica Personal Injury Attorney
If you have been injured due to another person’s negligence, an experienced Santa Monica personal injury attorney may be able to help. Please call Martin Stanley at 310-399-2555 for a consultation regarding your possible case.