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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.


Many California residents have been watching the latest developments from the Amtrak crash near Philadelphia with a great amount of interest. Now one of the conductors who had been at work on the train when it crashed and suffered tremendous injuries has chosen to file a suit against Amtrak, alleging negligence.

The man had been taking a break when the train derailed and crashed. The force of the collision broke the man's back, neck and both shoulders. The injured man was then forced to extricate himself from the debris. Although there were many Amtrak employees on the train, and at least one other has already filed a lawsuit against the rail company, he is the employee believed to have suffered the most severe injuries.

There is no clear consensus at the moment as to what caused the train to crash. The conductor of the train received a concussion in the incident and does not appear to remember what caused the train to suddenly accelerate. Both the Philadelphia Police Department and the National Highway Traffic Safety Administration have announced their intention to thoroughly investigate the accident.


A 90-year-old San Jose man accidentally accelerated into a group of patrons and a person walking down the sidewalk outside a Palo Alto sidewalk cafe while trying to parallel park his 2010 Nissan Versa. The driver and all five accident victims were taken to Stanford Hospital for non-life-threatening injuries. The accident occurred at around 12:30 p.m. on July 31.

Two men, one in his 30s and the other in his 70s, had serious injuries that required surgery. A man in his 20s and a woman in her 60s suffered scrapes, and one man who was in his 30s had a laceration to the head. The driver also suffered an injury that was believed to be related to the airbag in his vehicle.

A section of University Avenue was closed for hours while the Specialized Traffic Accident Team investigated the scene. While it was unclear what caused the crash, police found no immediate signs that alcohol or drugs were involved. At the time of reporting, no charges or citations were levied against the driver.


At approximately 2 a.m. on July 20, the California Highway Patrol started receiving reports of a wrong-way driver in Rancho Cucamonga on the 210 Freeway. A 28-year-old man from La Habra was traveling west in the eastbound lanes of the freeway. As CHP units began positioning themselves to intervene, the man's vehicle collided with a silver Hyundai that contained four people according to a captain with CHP.

The 60-year-old driver of the Hyundai and his 56-year-old wife were seriously injured in the accident and transported to Loma Linda University Medical Center. The wife had been released as of July 21. The two passengers in the backseat of the Hyundai, a 38-year-old woman from Fontana and a 52-year-old woman visiting from London, were killed in the crash. Both women were related to the driver and his wife. The wrong-way driver also died in the wreck.

Troopers suspected the group was returning from a family reunion. The entire eastbound side of the 210 Freeway near Day Boulevard was closed down until 7:30 a.m.


The family of a former high school football player may be feeling a sense of injustice this month because of a decision that was handed down by a Los Angeles jury recently. The complaint before the Los Angeles Superior Court was against Riddell Inc., a company that manufactures safety helmets for sports players. The plaintiffs sought damages for the injuries the helmet failed to prevent.

According to the complaint, which was filed on behalf of the victim by his father, the helmet his son was wearing in a 2009 football game did not have special forehead padding that may have prevented the then 17-year-old from suffering a traumatic brain injury. The injury caused his son to lose consciousness shortly after leaving the field. He spent 11 days in a coma and needed to be hospitalized for 4 ½ months. The lawsuit contends that he will require around-the-clock care for the rest of his life.

But despite the fact that the now 21-year-old is partially paralyzed and unable to utter simple words, according to the Los Angeles Times, the jury denied the victim and his family the $37 million in compensation they sought in their personal injury lawsuit. According to court records, the jury may have ruled in favor of Ridell Inc. because of the violent way in which the teen’s head turned in the head-to-head collision. The jury may have also believed that no additional amount of padding could have prevented such an injury from occurring.

Tagged in: compensation lawsuit

California is the home of Internet giant Google, and for anyone who hasn't heard by now, the company has a new cutting-edge product: Google Glass. The device is basically a wearable computer, with an image displayed in front of a person's eye as they wear the device like a set of eyeglasses. The device definitely sounds futuristic and fascinating, but there's trouble brewing.

According to a recent report, Google finds itself on the defensive in a number of states, as efforts are undertaken to make wearing the device while driving illegal. The main concern appears to be the perception that the device would be too much of a distraction for drivers, resulting in more car accidents that could cause serious injuries or even fatalities.

Because the device is so new, it can be hard to judge at this time whether or not the concerns are legitimate. Of course, in this day and age there are seemingly countless distractions for drivers, from more computer-oriented radios to the ever-present cell phone. Because of this, distracted drivers are now considered to be just as much of a concern on America's roadways as drunk drivers are.


By now many of our San Jose readers have probably heard about the horrific accident that occurred on January 17 involving a teenage girl and a light-rail train. The teenage girl, a 14-year-old who was riding her bike on that morning, was struck by the train. She was left with serious injuries and died later that day. It appears that the girl may have been riding her bike to school when she was struck, as the accident occurred at about 7:30 a.m. that morning.

Any accident that involves a pedestrian or a cyclist is almost always assured to include a catastrophic or serious injury. This is because these collisions often involve a larger vehicle, like a truck or car, and a pedestrian or cyclist has next to no protection in such a crash.

There were few immediate details available about how this accident occurred. However, an investigation to be conducted by the Santa Clara County Sheriff's Department was announced shortly after the accident. The train was impounded and the operator was ordered to submit to a drug screen.

Tagged in: accident lawsuit

Most of our San Jose readers would probably expect a pedestrian who is struck by an automobile to suffer a catastrophic or serious injury. After all, a pedestrian has next to nothing in the way of protection should this type of collision occur. Unfortunately, that is exactly what happened recently, when a 2010 Toyota struck a 17-year-old boy near Highway 101.

According to the reports, the accident occurred at about 7:00 a.m. on January 9. The boy was reportedly crossing the road near an onramp to Highway 101 when he was struck by the Toyota, which was being driven by a 21-year-old man from Santa Clara. The 17-year-old boy was said to have suffered serious injuries, and he was quickly transported to a San Jose medical center for treatment.

There were no indications in the initial reports as to how this pedestrian accident occurred. Because it was early in the morning the relative darkness at the time could have played a role, or the weather conditions could have contributed. There was also some speculation that the 17-year-old boy may not have been precisely within the lines of a nearby crosswalk. But, although not conclusively ruled out, it appears that alcohol or drug use was not a contributing factor. The 21-year-old driver of the Toyota remained and the scene after the accident and it appears that he was cooperative with the authorities who began the accident investigation.

Tagged in: accident lawsuit recover

Last month, a man went on a shooting rampage in the salon where his ex-wife worked. Driven by what many believe was anger over a custody dispute, he shot and killed eight individuals in and around the salon. Though he has already been criminally charged, he has also been named in several wrongful death lawsuits.

The first lawsuit was filed by the family of the man's ex-wife. She had been styling a friend's hair when the shooting occurred. Her family, mourning their loss, is seeking compensation for their loss as well as to help with some of the expenses that have arisen suddenly.

The family of another victim of the shootings has also sued the man for the wrongful death of their loved one. The victim had been getting her hair done when the man burst into the salon. She was the second person shot in the rampage and, according to her husband, suffered much pain in the moments before her death.


When a police officer is involved in a fatal shooting, the internal investigation can take months, even years, to reach any type of conclusion. The biggest question is often whether the police officer had good reason to shoot at the person.

One family has filed a wrongful death lawsuit against a Fresno police officer, the city police chief, and the police department. Initially their lawsuit was halted after the defendants argued that the police officer had reason to shoot at the individual but a District Court Judge determined that the family's lawsuit can move forward.

Court documents reported that the incident occurred when a Fresno police officer was informed of a driver who possibly had a gun. The driver had been stopped in his vehicle when the officer approached. Though the officer ordered the driver to show his hands, he did not and the police officer shot at the car multiple times, killing the driver.


Many Californians remember the Toyota recall that first began in 2009 after reports of sudden, unintended acceleration were received. Since then, more than 8 million vehicles have been recalled.

But the biggest concern for consumers was the danger that these recalled vehicles posed to drivers, passengers and other vehicles on the road. There were a number of reported accidents related to the sudden acceleration defect, including several fatal crashes. In response, several families of those killed in the accidents filed wrongful death lawsuits against the motor vehicle company.

Now, there are three lawsuits set for trial in California with Toyota named as the defendant. All three are to occur in 2013, two of which are wrongful death claims. These types of lawsuits can be brought against a party whose negligence resulted in the death of another.


It was intended to be a fun afternoon, with families and other spectators gathering in the Mojave Desert to watch the California 200 road race. But instead the day became a horrifying memory for many who witnessed a truck driver lose control and crash into a crowd of people. Eight were killed and many more were injured as a result of the accident.

Now several of the families of victims are filling wrongful death claims against race promoters, the U.S. Bureau of Land Management, and the truck driver. The basis of the claims is that spectators were not adequately protected from injury because the promoters and BLM allowed people to stand too close to the racetrack.

The incident which occurred over a year ago in Southern California became highly publicized. A witness caught the incident on video, which shows the moment when the truck crashes into the group of spectators. The lawsuits allege negligence, arguing that there should have been guardrails up as well as signs warning spectators to stay a certain distance away.


In a period of three weeks, 15 serious accidents occurred on a stretch of road in Brentwood, California. One of the accidents took the life of a Clayton man when he stopped to help another driver whose car had gone off the road due to the resurfacing work. While the man was offering aid, another car began to drift off the road in a similar manner, striking the man and killing him.

After the fatal accident, the man's family filed a wrongful death lawsuit against the county and California Highway Patrol. His wife and daughter claimed that both parties had been negligent in taking appropriate steps to prevent accidents from occurring while the resurfacing work was going on. Just recently a jury returned a verdict, ordering the county to pay several million dollars to the man's family.

This accident was not the first fatal crash that occurred over the same period of time. Days before the man was killed, a woman had been driving and lost control of her vehicle. She was killed after her car crashed into a tree.


The film "The Hangover" became known across the nation as a comedy filled with ridiculous antics. The movie's sequel, "The Hangover II" was no different and boasted even more crazy stunts that included high-speed car chases through the streets of Thailand.

But now a stunt man has filed a lawsuit in California against Warner Brothers, seeking damages for the serious brain injury he sustained while filming a car chase scene. Victims of brain injuries often find themselves dealing with the effects long after the original incident. For the stuntman, his injury occurred last year and he is still grappling with how it has changed his life.

While details are sparse, it appears that while filming the car chase, the car sped up unexpectedly and crashed into another vehicle. The stunt man had been in the car and was injured in the crash. Because of the severity of his brain injury, doctors placed him in a coma for a few months.


Across the state of California, there are a number of different amusement parks that boast different themes to attract families from all over the country. Young and old alike can find something they enjoy at the parks, whether it is a thrilling rollercoaster or a relaxing water ride.

But an enjoyable trip can be cut short if an amusement park accident occurs. Instead of finishing the day with a family dinner, parents may find themselves rushing to the hospital because their child sustained a serious injury. Nearly two years ago, a family was visiting Knott's Berry Farm when a cable snapped on a rollercoaster, injuring the son. Earlier this week, the amusement park reached a settlement with the victim for the 2009 incident.

Amusement park accidents can occur for several reasons. One of the reasons why something can break or go wrong on a roller coaster is if there was poor maintenance. After the incident, the California division of Occupational Safety and Health investigated the accident to determine what could have caused the cable to snap while the ride was in operation. Their final report was that the manufacturer did not properly maintain the ride, contributing to the accident.


Being struck by another vehicle while riding on a motorcycle can be a scary experience. Motorcycles are typically smaller than other vehicles that they share the road with; even the slightest nudge can push a motorcycle off course. A motorcycle accident can leave a rider seriously injured.

But what can a motorcyclist do if he or she is hit by a car and the driver had been negligent? One California woman is likely going to file a lawsuit against the negligent driver who ran into her. In this particular situation, the negligent driver was a California Highway Patrol officer.

According to the report, the woman had been riding her motorcycle in the evening last week. She was traveling down the highway and was hit by the CHP officer's vehicle as he was trying to pull someone over. Apparently he was not aware that a motorcycle was in the lane to his right and sideswiped her.


When you enter a store in California, you expect that the store owner and employees are taking reasonable care to protect you from hazards or dangers. The last thing you expect is for something to fall on you or for you to trip on something while you are shopping.

The Centers for Disease Control and Prevention estimate that a million Americans slip and fall on someone else's property each year. This can be due to a number of different factors: icy sidewalks, water on the floor, and even slipping on an object that should not have been in the middle of a walkway. But what can be done in the event of a slip and fall?

A slip and fall victim can sustain a number of different injuries, from minor bruises to a brain injury. Even the less severe injuries can result in serious financial difficulties for the injured person - a trip to the emergency room to simply make sure nothing is wrong can cost thousands of dollars. If the injury is serious, there could be long-term care required, surgical procedures, and medication that costs a lot.


Many California parents enjoy watching their children play Little League in the summer. This sport is intended to teach children about teamwork and competition, while giving them a venue to run off all the energy they have. While Little League baseball seems harmless, accidents can happen and children can get hurt.

Imagine sending your child off to Little League practice only to get a call that he or she has been hit in the head by a baseball. You may wonder what happened but your thoughts ultimately rest on whether your child is okay. Unfortunately you find that the hit cause a serious brain injury and your child may be dealing with the injury for the rest of their life.

Four years after this scenario actually happened to a young boy, his mother recently filed a lawsuit against her county's Little League organization as well as the coach of the team. Regulations require that the children wear a helmet, which the boy was not when he was hit with the baseball. The lawsuit alleges negligence - had the young boy been wearing the helmet, the severe injury may not have occurred.


Getting injured in a slip-and-fall accident can lead to a number of injuries. Serious injuries can result in high medical bills and financial challenges resulting from an inability to work. Victims of slip-and-fall incidents can seek compensation by filing premises liability claims.

One man filed a lawsuit nearly three years ago against celebrity Sharon Stone on the grounds that he slipped and fell on her property. The trial began yesterday; it is unclear how long it will take to reach a verdict. However, if the court finds in favor of the man, Stone could be ordered to pay him a settlement.

The incident occurred when the man was installing speakers on Stone's property in 2006. According to the man, there was a drop-off that was not apparent to him while he was working; he fell down and landed on a fence that separated Stone's property from her neighbors. The fence then collapsed and he fell into the neighbor's yard. He was injured but the extent of the injuries was not specified in the article.


Losing a loved one under any circumstance is a tragedy. But when the death was caused by someone else's carelessness or negligence, family members and friends are also faced with questions and frustrations over whether the death could have been prevented.

The family of a California man, angry over his death, filed a wrongful death lawsuit against the County of San Luis Obispo. The lawsuit was filed in early February of this year by the man's brother and sister. The lawsuit alleges that the county medical staff failed to adequately monitor their brother, giving him the opportunity to take his own life.

The man had been dealing with severe depression and after calling a county mental health help line, he was admitted into the county clinic. Medical professionals believed that he could be a danger to himself and evaluated him. He remained in their care; staff took away personal items that could be used to harm him but allowed him to continue wearing a hooded sweatshirt.

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