When someone is physically or emotionally injured, or their private property is damaged, it is considered under the law to be a personal injury. Personal injury law is also called “tort” law. States and the federal government have enacted tort laws for the protection of your rights. Tort actions have three elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured). There must be a breach of the duty. And the damage must occur because of that breach. When all three elements take place, a personal injury, or tort, has occurred.
The laws of our society place demands on all citizens not to harm others. This means that not only should people be safe from harm, but so should their possessions. Whenever someone else harms you or something that belongs to you, they become liable to answer to the tort laws governing the situation. Liability can be caused by intentional acts, or torts, or by negligence. An intentional act is one designed to cause harm or injury. A negligent act occurs when someone fails to take appropriate action and you are harmed as result of that failure. For instance, if an angry person throws a brick through your car window, that is an intentional tort (it may also be a criminal action). On the other hand, if a careless driver runs into your car, that is a negligence tort. In the first case, the defendant wanted to cause an injury: in the second case, the defendant did not want to injure you but failed to take the appropriate action to prevent injury. In both cases, the defendant had a duty not to injure you or your property, because our laws and society create that duty. The duty was breached by the intentional or negligent actions of the defendant, and intentional or negligent actions of the defendant, and damage to you person or property resulted.
Another form of person injury law covers “strict liability”. Strict liability means that there is responsibility whether or not negligence was involved. This is usually applied to situations which in themselves are abnormally or inherently dangerous, and also to the area of product liability. Manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. If someone is injured by a product under the terms of strict liability they do not have to prove intent or negligence, only that the product was defective through no fault of their own, and that harm was done.
Once a personal injury has occurred, the defendant has a liability to make good the damage done. “Damages” is the term for whatever is owed to you to compensate you for your loss. Damages can be agreed upon be you and the injuring party, through insurance settlements, or by other means. But often, the damages offered to you may not fully compensate you for your loss. this is especially true if you have suffered physical injury and have not been able to work. Personal injury is the mechanism for determining who is in the wrong, or in other words, who is “liable”, and what the liable person should have to pay for the damages caused.
If you are the victim of a personal injury, there are several things you can do to help yourself. First and foremost, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. If you believe your injury was caused by the carelessness or intentional act of another, you may want to contact an attorney at The Feldman Group to discuss this. You should call as soon as it is possible to do so and avoid discussing the matter with strangers and/or insurance representatives who are not from your own insurance company. You should be cooperative with the police, your own treating physician, and your own insurance company. Most personal injury cases are governed be a Statute of Limitations, which means that you only have a certain period of time in which you can file a lawsuit. If you have a personal injury case that you would like us to review please call The Feldman Law Group toll free at 1-877-978-4878 for a free consultation.
Few things are more frightening than being attacked by a dog or other animal. Such an attack can leave the victim severely injured and traumatized. If the victim is a child, the injuries can be fatal. Many states have statues which hold the owner of the dog strictly liable for the dog’s behavior if the attack is unprovoked that is, the victim did nothing to threaten the dog or cause it to attack in self-defense. It makes no difference where the attack took place or if the attack is the first for the animal. In some states, however, the dog gets “one free bite,” meaning the owner is not presumed to know the dog is dangerous until one attack has occurred. As an owner, there are steps you can take to minimize the possibility of your dog attacking someone.
Spay or neuter your dog. Do not teach your dog to play roughly. Be sure your dog has up-to-date vaccinations. Take your dog to obedience training so it becomes accustomed to obeying voice commands. Never leave babies or small children with a dog unless an adult is present. Keep your dog in a fenced-in yard. Do not allow it to roam.
BASIC SAFETY TIPS INCLUDE:
- Leave strange dogs alone.
- Never approach any dog while it is eating, sleeping, or caring for its puppies.
- Never try to pet a dog until you have let it see you and smell you.
- Never leave children alone with any dog.
- Never be aggressive with a dog, stare it in the eye, or run from it.
- If a dog does attack, stay still.
- If a dog knocks you down, roll into a ball to protect yourself.
- If you are attacked, seek help quickly.
- Try to find out who the owner is, but seek medical help first.
If you or a loved one has been attacked, call The Feldman Group toll free at 1-877-978-4878 or submit an online questionnaire. The initial consultation is always FREE. If we agree to handle your case, there is no legal fee unless we are successful in getting you money. A lawsuit must be filed before an applicable expiration date, known as a Statue of Limitations so please call or contact us right away so that you do not lose you rights to money and other benefits.
Your questions, comments and suggestions are important to us. You may contact us 24 hours a day at our injury hotline.
DEFECTIVE PRODUCT LIABILITY
This is legal term for products including machines, appliances, toys, pharmaceuticals, and any other thing that was produced or manufactured and placed in the stream of commerce and results in injury to anyone who uses it. For example a baby crib causes injury to an infant when the infant stands up and leans against one of the sides that breaks off and the infant falls out of the defective crib and suffers a head injury. In this case the manufacturer and the others in the stream of distribution can be held legally liable for money compensations for all the damages for manufacturing a defective product that caused injury. A well-known legal text describes product liability as:
Products liability is the name currently given to the area of law involving the liability of designers, manufacturers, and suppliers of products for injuries to purchasers, users, and bystanders caused by defects in the products they market.
So if you or someone you know has been injured or suffered a death as the result of a product then please take the time to inquire about whether you or someone you know has a case.
I have handle numerous product liability cases including defective toys, and power tools to a large machine called a role press that resulted in a multimillion dollar compensation package for the lose of an arm because the roller did not stop when the employee victim removed a guard in order to clean away broken glass from the production line.
Presently I am engaged in a serious motor vehicle accident case that involves the simultaneous blow out of three of four tires on a truck because the tread separated as the result of a defect in either the design or manufacture of the tires.
Children are often injured from toxic materials found in toys or from a defective toy that causes a serious injury or death.
Often ordinary citizens do not know their legal rights so they either put off taking any action until its too late or never bother to inquire into whether they have a meritorious claim.
I take great pride in this area of the law because so much good has come from product liability cases. As a result of product liability lawsuits, products in every industry have been made safer. There have been major advances in the automobile industry such as safer designed cars, the advent and implementation of seat and shoulder restrains and the air bag all of which have saved thousands of lives. The same is true with the pharmaceutical industry, the toy industry, furniture industry, household products, power tools and home appliances to mention only a few.
Therefore, if you or someone you know has any doubt about whether a serious injury has been caused by a defective product do not hesitate to call me with your questions. We can explore the issues together. I do not charge any fee for an initial evaluation of a potential case and will do my best to give you an honest straightforward assessment. So call my office toll free at 1-877-978-4878 or email me from this website with your questions. I also encourage you to download my motor vehicle accident guide to keep in your car with you registration and proof of insurance to aid you in the event you or someone you know are involved in a collision. This guide contains some very help information and tips about what to do when you are in such an emergency situation and is designed to assist you in adequately preserving your rights.
If you or a loved one has suffered an injury as a result of a defective product, call the Feldman Group toll free at 1-877-978-4878 or submit an online questionnaire. The initial consultation is FREE of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a Statute of Limitations, Therefore, please call right away to ensure the you do not waive your right to possible compensation.
Call the Feldman Group, a law firm with more than 37 years of experience in representing personal injury and wrongful death victims.
The CDC estimates that there are 76 million cases of food-borne illness in the United States each year. Of these cases, about 300,000 people are hospitalized, and 5,000 people die. Everyone is at risk for the disease, however, pregnant women (and their fetuses), infants and children, the elderly, and the severely ill are at greatest risk for severe complications, permanent disability, and death.
Food poisoning,” occurs when food contaminated with bacteria or other pathogens, such as parasites or viruses, is consumed. Poisonous chemicals, pesticides, and other harmful substances can also cause food borne illness.
Food Poisoning Symptoms may include upset stomach, diarrhea, fever, nausea, vomiting, abdominal cramps, headache, weakness, and dehydration. The symptoms may appear several hours to several days after ingesting contaminated food.
If you or someone you know have food poisoning symptoms, please contact the Feldman Group toll free at 877-978-4878 for immediate attention.
My personal injury practice has always emphasized cases involving serious injuries to children. I am a parent of three children, two of which are now grown and one is still in his early teens. As we all know there is nothing more precious than our children.
California law also recognizes the special value children have and therefore it is very important to learn one’s legal rights before getting taken advantage of by the opposite side including sophisticated insurance companies and big business. Please recognize the personal injury claims involving children are handled differently than injuries to adults. Time periods under most circumstanced for taking legal action are extended for minors or children. Typically when such a claim is settled the court requires that settlements be approved by the court and that certain procedures are put in place to best protect the child’s interest. Often such procedures prevent insurance companies from settling for less than the claim is worth. Issues also arise concerning how parents and others can recover money they have paid for medical care and other services for the child. As with other claims, issues have to be resolved concerning the role health insurance plays in such cases and in the case of injuries to minors arising from motor vehicle accidents, there are issues involving the best way to deal with the respective automobile policies. For example, child is injured while traveling in a friends makes it vital to learn how your friends insurance and your insurance and the insurance of the other driver who was the primary cause of the collision, all have an effective role to play in resolving the case. This situation needs the expertise of a personal injury lawyer and the personal injury Feldman Group is the type of law firm that is dedicated to handling these cases. There is no fee for an initial consultation. Contact the Feldman Group now to get the representation you, a friend or family member will need to negotiate through the complicated steps necessary to effectively conclude to personal injury claim.
The Feldman group’s years of experience in sorting out; and best handling the layers of insurance that can easily confuse and derail an otherwise meritorious claim will prove to be of great benefit. Additionally his firm handles such claims on a reduced contingency fee basis that does not require you to pay any money up front for costs or fees. The Feldman Group is only paid a fee when the case is settled or money is collected from a judgment, award or verdict. If the case does not result in monetary compensation then there is no attorney fee. Call or email NOW for a FREE Consultation.
If you have been injured due to a property owner’s negligence, you are entitled to compensation for everything you have lost. Under California law, property owners have a duty to people who come onto their property as a client, consumer, patron or guest.
RESORT & HOTEL ACCIDENTS
When a guest is injured in a slip and fall accident at a hotel or resort, the response of the property’s managers is usually prompt and caring. However, their demeanor can change quickly if you have been seriously injured. Don’t let important details about your case disappear
RESTAURANT & BAR ACCIDENTS
Even though the liability for an injury may seem clear, most bar and restaurant owners will do anything they can to avoid paying damages. If you are injured in a restaurant write the incident at once. Also take the name of the witnesses
The gym is a temple of fitness, a place you go to work out and get in shape. You go to the gym because you want to devote your time to getting healthy and staying that way. But the gym is also a dangerous place. All that weight being thrown, all the heavy equipment, and the quick-moving treadmills can be a potential minefield of injury.
If you or someone close to you has been injured in a gym accident, hotels and restaurant, please contact the Feldman Group toll free at 877-978-4878 or immediate attention.
Your questions, comments and suggestions are important to us. You may contact us 24 hours a day at our injury hotline.
There are thousands of swimming pool accidents each year in San Diego County. Unfortunately, each year in the US several hundred children under the age of five drown in residential swimming pools and spas and thousands more are treated in emergency rooms. Pool accidents, diving accidents and other swimming related accidents are the second leading cause of death of children under 14 years of age.
Swimming Pool Accidents & Injuries
These are just a partial list of the more common types of swimming pool accidents and injuries:
- Lack of Pool Fences
- Trapped by Pool Covers
- Diving Boards
- Poor or Improper Pool Maintenance
- Slippery Surfaces
- Improperly Designed and Constructed Pools
- Pool & Spa Drains / Too Much Suction
- And Others
SLIP, TRIP & FALL
Slip and fall injuries can happen any time, in any number of places, to any type of person. Unfortunately, every year hundreds of people are severely or permanently injured or disabled from these types of accidents. It is the store owner’s responsibility to maintain a safe environment for their customers.
Not Just Doctors: There are many factors that can cause a public facility to be a dangerous place for its visitors, ultimately causing a slip and fall injury. These factors include substances on the floor such as spills from containers; unrepaired damaged flooring, merchandise stacked in an unstable manner, lack of warning signs in the appropriate places throughout the store and even poor lighting.
If you or someone you know has been involved in some type of escalator or elevator incident, simply complete the CASE INFORMATION FORM below or call us toll free at (877) 978-4878 for a free case evaluation.