Category: California Personal Injury

Is It Legal To Drive With A Pet In Your Lap In California?

If Airbags Did Not Deploy in a Car Accident, Is the Car Company Liable?

Airbags are designed to keep drivers and passengers protected. Vehicles are heavily marketed for their safety features, which includes having effective airbags.

Crash test results are boasted about by manufacturers who use successful results to attract buyers because they are deemed the “safest” car on the market. However, sadly, not all airbags are safe and there can be catastrophic injuries or even death if one fails to deploy during an accident. 

If you were in an accident and your airbag did not deploy, you may have a personal injury claim against the manufacturer of the vehicle. You could also have a case against the manufacturer of the airbag or any company that inspected the vehicle for safety.

According to Michele Mirman, a car accident lawyer in New York City, “These companies have a duty to the consumer to make a safe product. If they violate that responsibility, they can be held accountable.”

How Do Airbags Deploy?

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Cars and other automobiles are built with a number of safety measures, including airbags. Airbags can be both on the driver’s side and the passenger’s side. The purpose of an airbag is to reduce the physical effects of an automobile accident. More specifically, they are designed to reduce head injuries by cushioning the neck and head during the forward movement of a collision.

Airbags are most commonly located behind the steering wheel or the passenger side dashboard. They can also be located on the sides of the vehicle. Airbags rely on two things: timing and a small explosive charge. The airbag begins to inflate the second the vehicle begins to slow down as the result of a collision.

Each airbag has an accelerometer attached to it that detects the deacceleration of speed. If it is faster than a normal breaking pattern, the accelerometer will activate the airbag circuit.

The airbag circuit passes through a heated electrical current that ignites a slow chemical explosive. This explosion creates a harmless gas that fills the airbag when it deploys. The airbag begins to deflate the second it makes contact with the driver’s or passenger’s head. If functioning correctly, the airbag should be completely deflated by the time the automobile comes to a total stop.

What Causes Airbags to Not Deploy?

Speed or Type of Crash

Airbags do not deploy in every collision. One main reason they may not is the nature of the crash. The majority of airbags are most effective in moderate to severe crashes involving the front of the vehicle. Airbags generally deploy if the speed is at least 8 to 14 mph.

If the crash is minor or at a low speed, it may not trigger the circuit that deploys the airbag. Also, since most airbags are located at the front of the car, they may not deploy if the collision is to the back or side of the vehicle.    

Design or Manufacturing Defect

Defects in the manufacturing or design of the airbag may also be at fault. Types of defects include airbag sensor defects and defective electrical components. These defects are usually to blame when the airbag deploys early, late, or unexpectedly when there is no collision.

If the defect is great enough, the airbag could even explode. Additionally, there could be a defect in the design of the airbag itself which led to an injury because it did not deploy correctly.

Installation Errors

Finally, there may have been an issue with installation or safety check that caused the airbag to not deploy. A common example of this is car manufacturers cutting costs in the installation by making the location of the airbag ineffective because wires were routed through areas that were vulnerable to being severed or damaged.

It is also possible that a negligent safety check was performed that could have found the defect. However, the defect went unnoticed because the check was not done correctly or to the company standard.  

Do You Have a Personal Injury Case?

You may have a personal injury case if you have an injury that was caused by an airbag malfunction. Usually, these injuries are caused by the airbag not deploying or deploying at an incorrect time.

Examples of these types of injuries include neck whiplash, face lacerations, hearing damage, broken bones, soft tissue damage, brain injuries, concussions, organ damage, or even death. 

To prove that an airbag or automobile manufacturer is to blame for the injuries caused by a defective airbag, the law of strict liability applies. Automobile and airbag manufacturers have a responsibility for providing a product that is properly designed and tested to ensure customer safety.

To be successful in a personal injury claim, you will need to prove two things:

  1. The airbag had an unreasonably dangerous defect and, 
  2. The specific defect caused injury or harm.

If you can prove these things, you may be able to recover monetary compensation to help recover from your injury. Contact an experienced personal injury lawyer in your area to learn more about your legal rights and options.

Can I Sue the Government If I Trip and Fall On the Sidewalk?

The short answer is yes. You can sue the government if you trip and fall on a sidewalk. The long answer is it depends on several factors that determine if you will be successful in a claim against the government for an injury sustained from falling on a sidewalk. These factors include what type of case it is, what evidence you have to prove the government’s fault, and if you have standing to sue.  

What Type of Case Is It?

A trip and fall on a sidewalk is a personal injury claim. In legal terms, these types of accidents are called slip and falls. You and your attorney will need to research the appropriate defendant. Remember that the government will only be responsible for injuries that happen on public walkways and sidewalks. If your injury occurred on a private walkway, you will not be able to sue the government.

Once you know the appropriate local government entity to sue, you will need to file your claim in civil court. There are several things that you and your attorney will need to prove to show that your injuries were caused by the government entity and that they should compensate you because of it.

What Do You Need to Prove to Sue the Government?

In most personal injury claims, including slip and falls, you will need to be able to prove negligence on behalf of the person you are suing. Negligence is a failure of a person or entity to behave to a certain level of care that another person or entity would usually perform at. In basic terms, this means that the entity did not act as a comparable entity would act in the same circumstances.

To prove negligence, you will need to show that there was both a duty of care and that there was a breach of that care. Duty of care means that someone has a responsibility to not cause harm to another. This can also mean that an entity has a responsibility to make sure harm is not caused by their action or inaction on a matter. In a slip and fall on a sidewalk, the duty of care would be what type of responsibility the government has to make the sidewalk safe for individuals.

A breach of that care means that you have established a duty of care and the level of care was not met. The person or entity responsible for that care has then breached their duty. In a sidewalk slip and fall, this could be for a number of reasons including not maintaining the sidewalk or having hazards on the walkway that make it dangerous for pedestrians. Additionally, there could be a defect in the way and manner that it was built.

When Can You Sue the Government?

First, there must be negligence by the government that caused your slip and fall on the sidewalk. If there is no negligence, you will not be successful in your lawsuit. Second, you must have standing to sue. This means that you are the person who was injured, there was an actual measurable injury, and the entity you are suing is responsible for your injury.

Even if you can prove that there is negligence, there are still issues that you may encounter that make suing the government impossible. For example, many state and local governments have specific rules about suing them for a personal injury. These are usually strict procedural steps that must be followed to be able to get any damages for your injury. Government entities usually also have limits on how much money you can recover and on the time you have to make a claim.  

The most common reason for a slip and fall on a public sidewalk is weather conditions like ice, snow, or rain. In general, a state or local government is not responsible for keeping sidewalks clear in front of private residences. They are however usually responsible for clearing sidewalks in commercial areas. This means that where you got injured also matters on whether you can sue or not.

Why Sue the Government For a Slip and Fall Injury?

Most people make the decision to sue someone or an entity for an injury for two main reasons. One, they suffered an injury and they want compensation to help pay for medical bills and other things like lost wages they couldn’t make while they were recovering. Another reason is that people want to make sure that the unsafe condition that led to their injury won’t reoccur and hurt anyone else.

 Regardless of why they sue, it is possible to make a claim against the government for a slip and fall on a sidewalk if all of these conditions are met.

5 Steps to Take After a Swimming Pool Accident

Swimming pools can be a great source of fun and entertainment for the entire family. However, at the same time, swimming pools can be incredibly dangerous. Every year, hundreds of people are injured and killed because of swimming pool accidents. Many of these victims, sadly, are young children. 

Even when swimming pool accidents aren’t fatal, the consequences can still be devastating. Injuries can follow a child for the rest of their life. That’s why the steps you take in the minutes, hours, and days after an accident involving a swimming pool matter. 


Here are five things you should absolutely keep in mind if you or a loved one is involved in a swimming pool accident.

Get to the Doctor or Hospital Immediately

Prompt medical care is critical for anyone who has been involved in a swimming pool accident. This is particularly true for children and victims who were submerged in the water for an extended period of time. Getting to a hospital right away reduces the risk of severe, potentially life-threatening complications.

Report the Accident to Local Authorities

While you might not want to call the cops on your friends, family, or neighbors, it’s important to make sure that the accident is reported and documented. A police officer can be dispatched to the scene of the accident to conduct a preliminary investigation and write up a report.

This report can help to make sure that important details relevant to the accident are preserved. You might not remember what the weather was like or the time of day when the accident occurred. However, a police report will typically reflect this kind of information. 

Document the Scene of the Accident Immediately

When someone has a swimming pool on their premises – whether it’s a hotel, apartment complex, or private homeowner – they have a responsibility to protect guests from foreseeable harm. Taking certain steps can help to reduce the risk of accidents and keep guests safe.

For example, someone who has a swimming pool would want to ensure that the motor and pump are functioning properly and that the pool is fenced off to prevent unintended guests from falling in. Sadly, many swimming pool accidents occur because property owners fail to take the steps that are necessary to keep their premises safe.

When you or a loved one is injured in a swimming pool accident on someone else’s property, you might have a legitimate claim for damages. In order for a claim or lawsuit to be successful, you’ll have to prove that you (or your child) got hurt because the pool’s owner was negligent in some way. Gathering evidence before it has a chance to disappear can make or break your case.

So, after an accident, try to take photos of the swimming pool and the surrounding area. You should concentrate on the location where the injury occurred. Look for puddles of water, loose wires or cords, missing fence, and swimming toys and flotation devices. Document as much as possible. Your attorney can review the photos at a later time and determine if you’ve caught any proof of negligence on tape.

Don’t Admit Fault or Talk About the Accident

After an accident, the best rule of thumb is to keep quiet. Don’t apologize if you think that you’re (at least partly) to blame for the accident. Homeowners, property owners, and insurance companies will try to use an apology – however innocent – to deny liability. If you sustain severe injuries, you might want to pursue compensation through an insurance claim or lawsuit. However, if you admit fault, you could undercut your ability to get a financial award.

So, what should you do? Answer any basic questions you’re asked, but don’t expand and offer details. Direct any detailed or invasive questions to your attorney. Refuse the urge to accept a settlement offer, especially if it’s extended shortly after you or a loved one gets hurt. You want to know for sure that any offer you accept will cover all of the costs of your accident. That takes time and a little bit of outside assistance.

Call an Experienced Personal Injury Lawyer

Some law firms handle almost any case that walks through the door. They’ll negotiate contracts, defend clients against criminal charges, and handle personal injury claims. Your swimming pool accident is too important to entrust to anyone who is not focused solely on personal injury law. When law firms only represent accident victims, they’ll have experience and knowledge that can directly benefit you. That can put you in the best possible position to secure a substantial monetary award.