Stun guns have an undeserved reputation for being safe simply because they are intended to be non-lethal weapons. But just because someone might not die from a Taser, doesn’t mean he or she cannot suffer severe injuries. Police officers have a responsibility to use all weapons in a controlled, thoughtful manner. But government liability lawyers in Riverside know all too well the prevalence of police brutality and excessive force violations. Contact a personal injury lawyer right away if you or a loved one has sustained injuries from an unwarranted Taser attack.

Legal Liability

The specifics of a government liability lawsuit can depend on the exact classification of the victim, such as whether he or she was a suspect, detainee, or convict. Since suspects and detainees haven’t been convicted, the use of excessive force or punishment against them could be considered a violation of the Fifth and Fourteenth Amendments, which guarantee the right of due process. On the other hand, the unwarranted use of Tasers against convicts who have already received due process would be a violation of the Eighth Amendment, which protects individuals from cruel and unusual punishment.

Taser Injuries

Tasers can cause severe injuries in several ways. First, hand-held stun guns work by shooting two barbed electrodes at the victim. The barbs penetrate the skin, causing a painful wound that requires careful treatment, especially if the barbs penetrated near a sensitive body part like the neck or face. Second, the electrodes deliver up to 50,000 volts of electricity to the body, which disrupts the body’s natural and necessary functions. Third, the jolt of 50,000 volts causes the person to fall to the ground, and to violently and uncontrollably spasm. All of these actions can cause serious injuries, including the following:

• Penetrating wounds (safe removal of barbs requires specialized medical knowledge)
• Skin burns
• Cardiac disease
• Cardiac arrest and sudden death
• Mental health crisis (possibly exacerbated by substance abuse)
• Head trauma
• Eye injuries
• Testicular torsion
• Fractures
• Torn tendons and ligaments
• Organ damage

Arguably, the possible effects on a pregnant woman are even more frightening. There is a connection between the use of stun guns on pregnant women and miscarriage. Another troubling aspect of indiscriminate Taser use is the fact that it’s impossible for a police officer to know if a person has a pre-existing health condition. A stun gun can interfere with a life-saving pacemaker, for example, yet many officers won’t think twice before using a “non-lethal” stun gun, even when the situation does not warrant it.

One of the primary tasks of personal injury lawyers serving the Riverside area is proving causation. This refers to whether the negligent actions taken by the defendant caused the plaintiff’s slip and fall injury. Watch this featured video to learn about two types of causation and how they might be proven in court.

“But for” causation indicates that, but for the defendant’s actions, the plaintiff would not have sustained the injury. For example, but for the defendant’s failure to clear the aisles of a store, the plaintiff would never have been in a trip and fall accident. Another type is substantial causation. This means that the injury might have occurred anyway, but the defendant’s actions substantially contributed to it. As an example, a hypothetical plaintiff with pre-existing knee pain files a personal injury lawsuit, claiming the defendant’s failure to clear the aisles of a store resulted in a fall that required knee replacement surgery. Since the plaintiff has a history of knee problems, he or she might have needed the surgery at some point anyway. However, the defendant’s actions substantially contributed to the worsening of the knee pain, which led to the surgery.

Indoor rock climbing gyms are a great way to experience the thrill of the sport without worrying about falling off a cliff hundreds of feet in the air. But even indoor climbing walls present the possibility of injuries, and injured climbers might not always be the responsible party. A climbing wall injury case can be a little more complicated than the average slip and fall lawsuit . Consult a personal injury lawyer serving the Riverside area who has plenty of experience with complicated types of premises liability cases.

Assessing the Possibility of Product Liability

Injured climbers might assume that the gym is usually to blame for an accident and their subsequent injuries. But this isn’t necessarily true in all cases. Your personal injury lawyer will consider whether the climbing equipment was inherently defective in design or manufacture. If so, then the manufacturer could be held liable for the damages. For example, the manufacturer might have produced the carabiner out of a poor quality of aluminum alloy that caused it to malfunction. One possible defense to this claim is that the climber was using the equipment in a manner not intended by the manufacturer. Hypothetically, if the climber decided to light the climbing rope on fire, and the climber fell as a result, then the manufacturer would not be found liable because the rope was never supposed to be lit on fire. Additionally, the climber could be found liable for the damage to the equipment and gym.

Taking a Closer Look at Gym Waivers

One key piece of evidence in any climbing gym lawsuit is the waiver. Climbers are required to sign a waiver before they’re allowed to use the equipment, and many of them don’t read the full document. The premises liability attorney will need to carefully examine the waiver, and consider the facts of the case in light of the provisions in the document. Liability waivers are supposed to prevent climbers from suing the gym in the event of an injury. However, if the gym owner or supervisor can be proven negligent, climbers can usually file a lawsuit regardless.

If someone’s spouse dies as a result of acute toxicity from pesticides or chemicals, the surviving victim may have legal recourse. This could include a wrongful death claim that falls under the category of toxic torts. Toxic torts are claims filed by a personal injury lawyer in Riverside. They seek compensation for the victims based on the defendant’s negligence in causing the decedent to be exposed to deadly environmental hazards. A personal injury lawsuit won’t bring the decedent back, but it can allow the surviving family members to attain a sense of justice. It’s also possible to file a toxic tort in the absence of a wrongful death, as long as the injuries were directly caused by the negligent act.

Legal Concepts Regarding Toxic Torts

Like other personal injury lawsuits, a toxic tort claim is based on the legal concepts of liability and negligence. Negligence refers to any careless behavior that leads to the plaintiff’s injury or the decedent’s wrongful death. Liability means that the defendant has been found responsible. In order to win a favorable jury verdict for the plaintiff, the lawyer must prove the following:

• The defendant owed a duty to act with reasonable care toward the public or a specific person.
• The defendant’s careless behavior failed to meet this duty of reasonable care.
• The defendant’s careless behavior caused the plaintiff to suffer harm.

Hypothetically, assume that the defendant is the owner of a farm that grows peppers, and he or she uses pesticides on the fields. The plaintiff is a farmworker who was exposed to toxic levels of pesticides after being instructed to apply the chemicals. The plaintiff may sue the defendant for these injuries if the defendant failed to provide the worker with the necessary safety equipment.

Examples of Toxic Torts

Toxic torts can be based on a wide range of allegations. For instance, plaintiffs may claim that a landfill or manufacturing plant polluted their groundwater, causing cancers and birth defects. One of the most well-known toxic torts is the Love Canal case. In the mid-1900s, Hooker Chemicals & Plastics Corp. used a dump site at Love Canal, New York to bury 22,000 tons of hazardous chemicals. During the next two decades, the chemicals seeped into the pipes and into the air. More than 1,000 families had to leave their homes permanently, and more than 600 personal injury lawsuits were filed. The cases resulted in multi-million dollar settlements.

Some states are comparative negligence states, and others follow contributory negligence rules. The difference between these two models will be important if you ever file a personal injury lawsuit in Riverside. Since California is a comparative negligence state, you can still recover compensation for your losses even if you were partially at fault for your slip and fall injury. Hear how this works by watching this brief video.

It uses the hypothetical example of Perry and David. Perry is walking on the street while immersed in a handheld videogame. David is listening to music while skateboarding. David crashes into Perry, and Perry sues David for his injuries. The jury determines that Perry is 40% responsible for the accident, which means David is 60% responsible. The rules of comparative negligence state that Perry’s monetary award will be reduced by 40%.

Personal injury lawsuits are sometimes subjected to unexpected snags, such as the incarceration of the defendant. You do have the legal right to sue someone who is in jail or prison, but the logistics will be more challenging. Talk to a personal injury lawyer serving Riverside about the particulars of your case to determine whether it’s worth your time to file a lawsuit. This will depend on factors such as the strength of the evidence against the defendant, the extent of your damages, and the amount of assets the defendant is likely to have. Since the defendant is behind bars, it’s likely that the most significant factor to consider is whether the defendant can pay the damages.

If you do have a personal injury lawyer file a claim against an inmate, expect some complications to arise. Inmates are subject to being transferred to different facilities. The same inmate may be transferred several times during his or her sentence. This may delay the resolution of your case. On the other hand, if the inmate was convicted of a crime pertaining to your injuries, then it stands to reason that the lawsuit is based on substantial evidence supporting your claims.

Battery is the act of injuring someone without legal justification. If you’ve been physically attacked by someone, you can consult a personal injury lawyer in the Riverside area to determine if you have a legitimate personal injury claim. The law does allow victims to sue for intentionally inflicted injuries, but there are exceptions. Your personal injury attorney will need to review the police report and your medical records.

The professional featured in this video explains that you can legally defend yourself in a fight and retain the right to sue for damages. However, your claim isn’t likely to be successful if your actions cross the line from acting in self-defense to acting as an aggressor. Your personal injury lawyer will assess whether your use of force corresponded to the use of force by your attacker.

A business might be held liable for slip and fall injuries that occurred on its property, provided the owner was negligent in preventing the incident. Before a personal injury lawyer in Riverside can file a slip and fall lawsuit on your behalf, he or she needs to determine who the defendant is. Businesses that are sole proprietorships are owned and operated by one person, and it’s this person—not the business itself—that can be sued.

Your slip and fall attorney might determine that the business is run as a partnership. Each partner is legally responsible for the business, and so each person would be named as a defendant. Corporations are different. They are separate, legal entities. Your legal counsel would file the lawsuit against the legal name of that corporation. A limited partnership is treated the same as a corporation for the purpose of naming a defendant. Of course, even if you’re suing a corporation or limited partnership, there could be multiple defendants, depending on the circumstances of the case.

A sudden death in the family is a shocking event that many people never fully recover from, particularly when the death was caused by someone else’s negligence or recklessness. You may find it helpful to stay busy in the aftermath of the funeral. One of the tasks on your to-do list might be to visit an accident attorney in Riverside to determine whether you can file a wrongful death lawsuit . A legal claim won’t fix your heartache, but it can help you find closure and recover financially from your loved one’s passing.

You are eligible to file a wrongful death lawsuit.

Your accident injury lawyer will ask you about your relationship with the decedent to determine if you’re eligible to bring a legal claim. California laws state that a wrongful death claim may be filed by the decedent’s:

• Surviving spouse
• Domestic partner
• Children
• Grandchildren if the children of the deceased are also deceased
• Dependent minors

You suffered economic and non-economic losses.

A wrongful death lawsuit is a means of seeking justice on behalf of the deceased family member. You might also decide to file a wrongful death lawsuit because your family has sustained financial losses from the death. If your claim is successful, you may be entitled to receive compensation for your loved one’s medical bills and related expenses, if the death did not occur immediately after the incident. You can request compensation for funeral and burial or cremation costs. You might also be entitled to seek damages for your loved one’s anticipated future earnings, and for your loss of financial support and companionship.

Your accident attorney can prove certain elements.

The lawyer reviewing your case will discuss its merits with you. The law requires wrongful death plaintiffs or their legal counsel to prove that certain elements exist. They are the following facts:

• The individual died.
• The death was directly caused by someone else’s intentional act to inflict harm, or by an act of negligence.
• The death caused financial injury to the surviving family.
• The decedent’s estate is represented by an appointed personal representative.

You are mentally prepared for the discovery and trial processes.

Assuming your lawyer does determine that your case has merit, you’ll need to decide whether you do want to move forward with an accident lawsuit. Many cases are settled out of court, but you need to be prepared for the possibility that your case will go to trial and you may give testimony. Your lawyer can help you understand what to expect and how to prepare.

Driver distraction, impairment, and recklessness are all common causes of car accident lawsuits in Riverside, California, but sometimes, the fault lies with the vehicle’s manufacturer. The state’s lemon law—officially called the Tanner Consumer Protection Act or the Song-Beverly Consumer Warranty Act—protects car owners from financial damages caused by a manufacturing defect. An accident attorney can help you sort through the legalese to figure out your options.

Is my car covered under the lemon law?

The lemon law covers purchased new and used vehicles, as well as leased vehicles, that have a manufacturer’s warranty. These vehicles include:

• Vehicles leased or purchased for company use
• Vehicles leased or purchased for personal use
• Dealer-owned vehicles and demonstrators
• Sedans, SUVs, pick-up trucks, and vans
• Drivetrain, chassis, and chassis cab of motorhomes

Your vehicle is covered if it falls into one of those categories. Vehicles are only covered if they are still within the original warranty period.

How can I prove that my car is a lemon?

California’s lemon law presumes that your vehicle is a lemon if any specified criteria are met within 18,000 miles or within 18 months of the buyer taking possession of the car. These criteria are:

• Four-plus attempts have been made to fix the same warranty problem.
• Two-plus attempts have been made to fix a warranty problem that could result in serious injury or death if the car is driven.
• The defects are not caused by the consumer’s abuse of the vehicle.
• The defects substantially affect the vehicle’s safety or value, or the consumer’s use of the vehicle.
• Mechanics have held the vehicle for 30 days to fix the problems. The days do not necessarily have to be consecutive.

Can I return a lemon?

If your situation meets certain criteria, yes. The manufacturer must provide a replacement or do a buyback. A replacement of the car will only occur if both the owner and the manufacturer agree to it. The replacement option requires the manufacturer to provide you with a substantially identical vehicle. Your new vehicle will have a new warranty. In a buyback, the manufacturer must pay you the amount the car cost, minus an offset for mileage.