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Family Sues Target Over Potty Trainer Injury

 Posted on December 26,2017 in Defective Products

San Jose personal injury attorneyRetail product manufacturers and distributors have the responsibility to ensure that their products are safe and reliable. Unfortunately, defective or otherwise dangerous products do still reach consumers. When a company learns that a product that they manufacture or sell is defective, they have the responsibility to fix the problem and warn customers who have already purchased the product. Often this is done through a product recall. Recalls, however, are usually prompted by reports of injuries caused by the products in question.

Major Retailer Faces Lawsuit

Target has come under scrutiny after serious injuries were allegedly caused by a product sold by the retail giant. A family from Riverside, California has filed a lawsuit against Target regarding a potty trainer that they purchased there that severely injured their 3-year-old son. The young boy’s parents and grandparents claim that the boy was nearly dismembered. According to the family, the boy’s genitals became stuck in the polypropylene weePOD Basix potty trainer causing severe lacerations. The boy’s parents rushed him to the emergency room, and the lasting effects of the injury are unknown.

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Car Accident Injuries Are Not Always Obvious Right Away

 Posted on December 22,2017 in Catastrophic Injuries

San Jose car accident lawyerThe moments after a car accident can be frightening and overwhelming. Even as the vehicles are coming to a stop, many people have a variety of thoughts racing through their heads, all at the same time. Is everyone okay? Is anyone injured? Am I hurt?

While you are taking stock of your situation following a crash, you should, of course, check yourself for injuries, keeping in mind that injuries are not always immediately apparent. Car accident victims may suffer whiplash, damage to soft tissue, concussions, spinal injuries, broken bones, and other serious injuries that may not become obvious for several hours or even days after the accident. Many of those who are involved in a car accident are quick to conclude that they are not injured, but these assumptions can be dangerous.

Fight or Flight Hormones Mask Pain

It is estimated that as many as 50 million Americans are injured in car accidents each year, many of whom did not immediately realize that they were hurt. This can sometimes be caused by a hormone called adrenaline. Adrenaline—also called epinephrine—floods a person’s bloodstream following a car accident or other distressing event. The “fight or flight” hormone raises the person’s heart rate, increases blood pressure, expands the air passages of the lungs, increases the production of sweat, and dilates the pupils to help prepare the individual to face the hazardous circumstances being presented.

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Avoid Traffic Accidents This Holiday Season

 Posted on December 11,2017 in Car Accidents

San Jose personal injury attorneyThis is a busy time of year for many of us. Whether celebrating Kwanza, Hanukkah, or Christmas, millions of Americans will be traveling by car this holiday season, putting you and your family at an increased risk of getting into a car accident. The National Safety Council estimates that there were about 300 traffic fatalities last year and 37,000 injuries due to traffic accidents during the days surrounding Christmas of 2016.  Every time that a person gets into a vehicle, they are taking a risk, but there are steps you can take in order to mitigate that risk.

Experts encourage drivers to make sure that their car is properly maintained. If you are going to drive a long distance this holiday season, it is a good idea to take the car to a service station to be inspected. Check the tires for correct air pressure and ensure that the tires still have adequate tread depth. Top off all the fluids in the car and replace old or worn out wiper blades. Ensure that the car’s battery is working correctly. It is also a good idea to be prepared with an emergency car kit. In it, place extra phone chargers, blankets, flashlights, batteries, flares, reflective markers, water, snacks, and tools. Check your route and be aware of increased traffic patterns and accidents due to the holiday rush.

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Young Men Are More Likely to Drive Distracted

 Posted on November 27,2017 in Car Accidents

San JOse distracted driving accident lawyerAccording to the National Highway Transportation Safety Administration, distracted driving behaviors such as reading a text, making a call, or simply changing the radio station while driving causes at least 12 percent of car accidents worldwide and 14 percent of U.S accidents. A recent study published in Frontiers in Psychology has shed even more light on the subject. Ole Johansson, a researcher at Norway's Institute of Transport Economics, led the study that sought to identify which demographic of people was most likely to engage in dangerous distracted driving.

A Revealing Survey

Young men, frequent drivers, and those with neurotic and extroverted personalities were found to be the most likely to be dangerously distracted while driving. Older women were the least likely group of people to be distracted. The researchers acknowledged that their findings might be slightly skewed, however, because their method relied on self-reporting.

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Bus and Public Transit Accidents: Passengers are Not the Only Ones at Risk

 Posted on November 06,2017 in Personal Injury

san jose personal injury attorneyWhether it be by a yellow school bus, the Santa Clara Valley Transit Authority (VTA), an intrastate bus line connecting various cities throughout California, or an interstate bus line that transports people from one state to the next, public transit buses are a valuable and affordable transportation option for all. Unfortunately, they can also be exceedingly dangerous when an accident occurs, and the dangers are not limited to passengers only. When it comes to bus accidents, anyone in the vicinity, including pedestrians, bicyclists, other drivers, motorcyclists could be at risk—children and adults alike.

Buses on American Roadways Experience Thousands of Accidents per Year

Although buses are thought to experience fewer accidents than the collective of individual drivers each year, a 2010 study from the University of Michigan’s Transportation Research Institute shows that these accidents occur far more often than most realize—and many are catastrophic. According to the study’s findings analysis, approximately 63,000 accidents involving buses occur each and every year. Furthermore, a comparative study from the Journal of Safety Research found that, while bus accidents account for an overall small share of the traffic accidents in America each year, their accident per million passenger miles is comparable to those of individual automobile drivers.

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Halloween Safety Tips for Trick-or-Treaters

 Posted on October 25,2017 in Personal Injury

San Jose personal injury attorneyOver the next week or so, children throughout the Bay Area will take to the streets dressed as comic book superheroes, movie characters, spooky creatures and more. Trick-or-treating on Halloween, for many families, is a tradition that traces back several generations, and as October draws to a close, the excitement begins to grow. Amidst the fun, sweets, tricks, and treats, however, accidents can and do happen, and it is important for you and your young ones to stay safe this Halloween.

Plan Ahead

As a parent, you may have spent hours, days, and even weeks preparing costumes for your children. Yet when trick-or-treating time rolls around those same parents often do not have a plan for where to go or how long to stay out. Decide ahead of time which parts of your neighborhood you would like to visit. If your children want to trick-or-treat in another part of town—near a family member or friend, for example—it is a good idea to drive through that neighborhood a few times. Check out the area both during daylight hours and at dusk so you can identify any potentially dangerous intersections while understanding what your children will be seeing as the sun sets. 

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The Dangers of Deep Discount Auto Insurance

 Posted on October 10,2017 in Car Accidents

San Jose personal injury attorneyYou have probably seen commercials for car insurance advertising the benefits of having the state minimum coverage. While bare-bones car insurance plans are often less expensive and get drivers the legally-mandated car insurance their state requires, they leave a lot to be desired. Having even a very small amount of coverage is better than not having any automotive insurance, but it may leave drivers vulnerable. Minimum coverage is often not enough protection in the event of an accident.

Cheaper Is Not Always Better

Although a cheaper option, there are many problems that can arise when a driver only has the minimum amount of car insurance. For instance, if the driver is in an accident which injures another party, he or she will probably have to pay damages. If the driver’s insurance does not pay the complete amount he or she owes, the injured party can pursue damages against him or her until the debt is paid. The costs can add up quickly. An at-fault driver can be required to liquidate his or her assets, including their car and home in order to pay the debt. In some cases, the driver’s wages may be garnished.

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Collecting Compensation After a Hit and Run Accident

 Posted on October 05,2017 in Car Accidents

San Jose personal injury attorneyGetting into a car accident is a terrible experience for anyone. Being the victim of a hit and run can be even more devastating. A hit and run accident is any accident in which a driver intentionally leaves the scene without providing contact information. This can include when a car hits you and then speeds away or when a driver hits your parked car and leaves no contact information. Many victims of hit and run accidents are unsure of how to get compensation for their damages and injuries.

Collect Information and Gather Evidence

The first step to take after you have been involved in a hit and run is to collect as much information as you can. If possible, take note of the car and driver who hit you. Write down the model, make, and color of the car. Write down the license plate number or snap a picture of it if you have time. Note the time and location of the accident. Collecting this information helps the police find the person who hit you as well as help your car insurance company to make decisions about your claim.

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Assumption of Risk in Youth Sports

 Posted on September 21,2017 in Personal Injury

San Jose personal injuryFor many communities across California and around the nation, Friday nights during the fall season mean just one thing: high school football. The game, in many areas, has become more than just recreation or competition; it is an institution with roots going back several generations. Of course, youth sports are available to children as young as four years old, with soccer and T-ball usually among their options. In the course of a game or practice, unfortunately, it is not common for young athletes to get hurt, and many coaches will tell you that such injuries are simply “part of the game.” But, how far does “part of the game” include, and what responsibility do parents have for assuming the risks?

Risks Inherent to the Activity

Regardless of the sport or physical activity and age level, there will always be the possibility of getting hurt. Certain types of injuries are considered acceptable dangers of the sport or activity. For example, recreational or competitive cyclists may be susceptible to pulled muscles and crash-related bumps, bruises, and broken bones. Likewise, a baseball or softball player is at the reasonable—yet accepted, in most cases—risk of being hit by a pitch or a batted ball.

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Premises Liability: Responsibility for Accidents at Stores and Shopping Centers

 Posted on September 13,2017 in Premises Liability

San Jose premises liability accidentIn a few short months, the winter holidays will be upon us again. At this point, only the best planners have started their holiday shopping, but soon they will be joined by millions across the country looking for great deals on the best gifts. With the increase in shoppers will come the inevitable increased risk of shopping accidents and injuries. Wet floors, exposed trip hazards, and falling merchandise can all lead to serious injuries to unsuspecting customers. While premises liability laws in California require property owners and occupants to ensure their property is safe for others to enter, there are a few things you should know about how such laws work.

Most Common Retail Customer Injuries

Black Friday stampedes and fights over the season’s hottest toys may make headlines, but other types are much more common in most stores and shopping centers. Slip and fall accidents due to wet or poorly maintained floors are statistically the most likely to occur. Shoppers can also trip over exposed edges of carpet, cords, displays, or other items. Falls may result in sprains, strains, back injuries, and broken bones, leading to long-term medical care and hefty bills.

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