Best Negligence and/or Strict Liability Attorneys in Orange County, CA

Negligence Strict Liability

Negligence and/or Strict Liability Lawyers in Orange County, CA

Negligence and strict liability cases can have serious consequences for victims, including significant physical injuries, emotional trauma, and financial burdens. In Orange County, California, the bustling urban environment and diverse industries increase the likelihood of incidents involving negligence or strict liability. When such incidents occur, victims often face the complex task of handling medical bills, insurance claims, and potential legal challenges. This is where negligence and strict liability lawyers in Orange County provide crucial assistance. These professionals specialize in helping victims secure fair compensation and justice. Among the prominent law firms in this region, Russell and Lazarus Law Firm stands out for its dedication and expertise.

The Role of Negligence and Strict Liability Lawyers

Negligence and strict liability lawyers play a vital role in supporting victims of incidents caused by negligence or defective products. Their primary function is to protect the rights of the injured and ensure they receive the compensation they deserve, covering medical costs, lost wages, property damage, and emotional suffering.

Legal Representation and Advocacy

A critical responsibility of a negligence and strict liability lawyer is representing clients in legal matters. This involves gathering evidence, interviewing witnesses, and building a robust case for court. Lawyers work tirelessly to establish liability and demonstrate their clients’ entitlement to compensation. They also negotiate with insurance companies, which often aim to minimize payouts or reject claims altogether.

Navigating Complex Legal Processes

The aftermath of an incident involving negligence or strict liability can be legally intricate and overwhelming for victims. Lawyers provide guidance through every stage, from filing claims to court representation if necessary. They ensure that all legal documents are accurately completed and submitted punctually, avoiding procedural mistakes that could undermine a case.

Expertise in Personal Injury Law

Negligence and strict liability lawyers possess a deep understanding of personal injury law, crucial for effectively managing such cases. They stay informed about the latest legal developments and precedents that could influence case outcomes. This expertise allows them to develop compelling arguments and strategies to enhance their clients’ success rates.

Negligence and Strict Liability Cases in Orange County

Orange County, known for its diverse population and various industries, experiences numerous negligence and strict liability cases annually. The high volume of daily activities and potential for negligent actions or defective products elevate the risk of such incidents. Common causes of these cases in the county include car accidents, medical malpractice, defective products, and hazardous property conditions.

Statistics and Trends

Recent data indicates that Orange County sees a significant number of negligence and strict liability cases each year, leading to many injuries and sometimes fatalities. These statistics underscore the need for skilled lawyers to assist victims. The economic impact of these incidents is also significant, with substantial amounts spent on medical care, legal fees, and other related expenses.

Common Injuries and Their Impact

Negligence and strict liability incidents can cause a range of injuries, from minor abrasions to severe, life-changing conditions. Common injuries include fractures, head injuries, spinal cord injuries, and burns. The severity of these injuries often requires extended medical treatment and rehabilitation, significantly affecting victims’ quality of life and financial stability.

Why Choose Russell and Lazarus Law Firm

Russell and Lazarus Law Firm has earned a reputation as a leading personal injury law firm in Orange County, specializing in negligence and strict liability cases. The firm has a proven track record of achieving favorable outcomes for its clients. Several factors distinguish Russell and Lazarus from other regional law firms.

Experienced and Knowledgeable Attorneys

The attorneys at Russell and Lazarus bring extensive experience to their practice. They have successfully handled a variety of negligence and strict liability cases, from minor incidents to major injuries. This broad experience enables them to grasp the intricacies of each case and devise tailored strategies to achieve optimal results.

Client-Focused Approach

At Russell and Lazarus, clients are the top priority. The firm adopts a client-focused approach, ensuring each case receives the attention and dedication it deserves. Attorneys take the time to understand the unique circumstances of each client and offer personalized legal solutions. This dedication to client satisfaction is reflected in numerous positive testimonials and high ratings.

Proven Success Record

Russell and Lazarus have a history of securing significant settlements and verdicts for their clients. Their success rate is a testament to their legal expertise and unwavering pursuit of justice. The firm’s attorneys are adept negotiators and litigators, capable of achieving favorable outcomes both in and out of court.

Comprehensive Legal Support

The firm provides comprehensive legal support throughout the entire process. From the initial consultation to the case resolution, clients can rely on Russell and Lazarus for guidance and representation. The attorneys manage all aspects of the case, including investigation, documentation, negotiation, and, if needed, litigation. This allows clients to focus on recovery while professionals handle the legal complexities.

Conclusion

Negligence and strict liability cases in Orange County, CA, can have a profound impact on victims, but with the right legal representation, navigating the aftermath can be more manageable. Lawyers specializing in these areas play a vital role in advocating for victims’ rights and securing fair compensation. Among the top choices for legal representation in this field is Russell and Lazarus Law Firm. With experienced attorneys, a client-focused approach, a proven record of success, and comprehensive legal support, they are a reliable and effective choice for anyone seeking justice and compensation after an incident involving negligence or strict liability.

Accidents happen every day, which may result in mild to severe injuries or even fatalities. If the accident was caused by someone else and resulted in your injury then you may be entitled to compensation. Compensation falls under two legal theories: negligence and/or strict liability. A Newport Beach accident attorney can help you maximize the compensation you deserve.

WHAT IS NEGLIGENCE?

Negligence is when someone fails to take reasonable care to avoid causing injury or death of another person.  The California Supreme Court in Ladd v. County of San Mateo, 12 Cal.4th 913, 917-18 (1996), expressed that the elements needed to prove negligence is well established:

  • Defendant owes a duty of care to the plaintiff or to a class of which the plaintiff is a member
  • Defendant breached his or her legal duty of care
  • The breach was the proximate or legal cause of the resulting injury

WHAT IF MY NEGLIGENCE PARTIALLY CAUSED THE ACCIDENT?

Generally, you may still be able to recover even if your conduct partly caused the accident.  California is a pure comparative fault state. Pursuant to Civ. Code §1714(a), you are responsible for your own acts. You are also responsible for someone else’s injuries even if those injuries partially occurred because of his or her own actions.  Thus, even if you were partially at fault for the accident, you may still sue for compensation from the other at-fault parties. However, any damages you are awarded is reduced by the percentage of your fault.  Some exceptions are found in Civ. Code  §§ 3333 – 3343.7

WHAT TYPES OF ACCIDENTS ARE CAUSED BY NEGLIGENCE?

Accidents caused by other people’s negligence may include the following:

PROFESSIONAL NEGLIGENCE / MALPRACTICE

These types of lawsuits allege negligence caused by professionals resulted in injuries to a plaintiff. The most notable kind of professional negligence lawsuit involves medical malpractice. Medical malpractice lawsuits hinge on the question of medical negligence. In other words, did the conduct of a doctor, hospital, or nurse rise to the standard of malpractice? In order to determine this, your attorney will bring in expert witnesses to testify on your behalf. The expert witnesses will argue why the professional’s conduct should leave them liable for damages. Typically, this happens when they fail a basic standard of competence.

While professional negligence lawsuits tend to involve healthcare professionals, they can involve professionals of any variety. For instance, computer security firms can be sued for professional negligence if an easily avoidable mistake results in sensitive data being stolen from their systems. Someone can sue a lawyer for professional negligence or malpractice if they make a mistake that costs their client a winnable lawsuit. Anyone who provides a professional service can be sued for malpractice.

STRICT LIABILITY

California is a statutory strict liability state. This means that statute imposes legal responsibility for your injury and damages without consideration of fault.  Thus, you do not have to prove that the other party acted negligently or otherwise.  Rather, you or your Newport Beach accident attorney must only prove that the Southern California accident occurred and proximately caused your injuries.

 

negligence and or strict liability lawyers orange county

IN WHAT TYPES OF ACCIDENTS DOES THE LAW IMPOSE STRICT LIABILITY?

DOG BITE

Pursuant to Civ. Code §3342(a), California holds dog owners responsible for your injuries only when the dog bites you while you are in a public place or lawfully in a private place regardless of the dog’s former viciousness and/or the owner’s knowledge of such viciousness.  The fact that the dog never bit anyone before and the owner did not know of the dog’s potential violent behavior is not a defense.

VICARIOUS LIABILITY

California also holds third parties responsible for the conduct, whether negligent or intentional, of another regardless of the third party’s fault.  Examples include the following:

  • Respondeat Superior – the employer is responsible for the conduct of the employee pursuant to Code §2338.
  • Joint and several liability – Code §1431 imposes joint liability upon two or more responsible parties for your economic damages. Thus, each defendant is responsible for the entire economic damages award regardless of each individual’s degree of fault.  However, Civ. Code §1431.2 imposes several liability for non-economic damages.  Each defendant is therefore responsible for only his or her degree of fault.

PRODUCT LIABILITY

Product liability lawsuits are predicated on a theory of strict liability. In layman’s terms, if you are using a product in the way in which the manufacturer intended and you sustained injury from the product, you do not have to prove that the company that manufactured the product was negligent. Instead, you will need to prove simply that the product was dangerous or defective and that it caused your injuries.

Generally speaking, there are three types of product liability lawsuits. Those are:

Design Defect Lawsuits

Here, the plaintiff alleges that a defect in the design of a product resulted in their injuries. One high profile example of this type of lawsuit is the Takata Airbag lawsuits. Takata’s airbags would basically explode in the faces of individuals who were driving cars fitted with the airbag under certain environmental conditions. Namely, the airbags would malfunction in hot and humid climates by deploying with too much force. This design defect resulted in the deaths of 22 people and countless serious injuries that left people with permanent impairments. It was also discovered the Takata knew about the design defect and attempted to cover it up instead of issuing a recall that could have saved lives or prevented them from being destroyed.

Manufacturing Defect Lawsuits

These lawsuits allege that, while the design of the product may be safe, something went wrong during the manufacturing process that made it dangerous to those that used it. A high-profile example of this kind of lawsuit are the talcum powder lawsuits targeting mega-corporations like Johnson & Johnson. These lawsuits allege that in the process of refining talcum powder, which is itself safe, tiny particles of asbestos are leaked into the talcum powder that is sold to customers worldwide. The asbestos causes various kinds of cancer including mesothelioma. Here, it is the process of refining and manufacturing that allegedly causes the injuries and deaths and not the product itself.

Failure to Warn Lawsuits

Some products are inherently dangerous or can become dangerous if not used properly. In these cases, manufacturers owe their customers a duty to warn. One high-profile example of this type of lawsuit is being leveled against pharmaceutical companies for the manufacturing of opioid-based prescription pain medications.

These lawsuits allege that not only did the manufacturers of these opioids fail to warn doctors and patients about the habit-forming nature of the medications, but they actually claimed that these medications were less addictive than their predecessors. In other words, drugs like OxyContin and Vicodin, which are routinely sold on the street to recreational drug abusers, were advertised as being a less addictive alternative to older opioids like morphine. In this case, because the drug companies failed to warn doctors and patients about the risks of the medication, they are allegedly responsible for lives taken and destroyed by their product.

While a plaintiff does not need to prove negligence in a product liability lawsuit, their attorneys sometimes will opt to do so. In cases where punitive damages are in play, as they were in the Takata airbag lawsuits, the plaintiff’s attorney must prove gross or criminal negligence and callous disregard for the rights and safety of others.

LEGAL REPRESENTATION STARTS HERE

The first step to any case is to know your legal cause of action when asserting your claim for compensation.  Understanding your case is key since one accident could have multiple claims and defendants.  For example, in a car accident case, you may have a negligence claim against the driver as well as a strict product liability claim against the manufacturer of your vehicle for defective air bags.  A knowledgeable Newport Beach accident attorney will analyze your case to determine what claims you have.