Category Archives: Products Liability

An Epidemic of Stupidity

Written on May 9, 2012 by in Animal Liability, Assault and Battery, Bicycle Accidents, Big Rig Truck Accident, Bus Accidents, California Law, Car Accidents, Courts, Damages, Dangerous Conditions, Dog Bite, Editorial, Hit and Run Accident, Insurance, Intentional Torts, Liability in Personal Injury Cases, Medical Malpractice, Motorcycle Accidents, Off Road Vehicle Accidents, Other Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury, Premises Liability, Product Recall, Products Liability, Slip and Fall, SUV Accident, Train Accidents, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Workers Compensation, Wrongful Death

dont be stupidI have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case.

Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney.

Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney.

The first thing they teach us lawyers in law school is never to represent yourself in a legal matter because you are emotionally biased, and the emotions will adversely affect your ability to handle the case. It is always best to have an independent person represent you in a case.

Aside from the emotional aspects of representing yourself, do these people who want to play attorney and that try to represent themselves realize how complicated a real personal injury case is? Of course not they don’t. It would be close to impossible for an untrained person on their own, to prosecute a personal injury case through the court system without an attorney.

I have been practicing 15 years and I can assure you that I have seen some lawyers who need to go back to school, let alone an untrained person actually doing it.

Personal Injury cases are complicated and no self-help book is going to give you the knowledge you need to handle one of these cases.

I see non-lawyers in Court all of the time getting hammered by Judges and getting sent packing because they did not do their cases right. In some instances non-lawyers get dinged with monetary sanctions against them because they do not know the law.

Then there is the matter of the cheapskates. These are winners who figure in their mind, hell; I am not going to give an attorney a third of my case, so I will take all of the $2,000 the insurance company is going to give me.

They don’t realize that their case might in fact be worth $25,000 to $50,000, and even on the low end, they would have got two thirds of $25,000 or $16,675 with an attorney, as opposed to the $2,000 they got sucked into accepting by the insurance company.

One of my sayings is that it is better to get two thirds of something instead of all of nothing.

To me this is plain stupidity, and there is a lot of it out there lately.

It does not make sense to me why a person would try to handle their own personal injury case without an attorney, when an attorney like me can be retained with no money out of your pocket whatsoever until a recovery is obtained.

The insurance companies are constantly on the lookout for idiots who will accept the half payment of medical bills, or a token 1k to 2k to settle a case that might be worth tens of thousands of dollars, without an attorney.

Any insurance adjuster worth their weight in gold, loves talking to the stupid amongst us who for whatever reason, does not mind screwing themselves out of what they are entitled to by not retaining a personal injury attorney like me.

Don’t be stupid, if you have been injured due to the negligence of another call an attorney, heck, call me.

If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

California Personal Injury Attorney Website

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The Los Angeles County Court System is About to Make some Huge Cuts.

Written on April 18, 2012 by in Assault and Battery, Bicycle Accidents, Big Rig Truck Accident, Bus Accidents, California Law, Car Accidents, Courts, Dangerous Conditions, Intentional Torts, Motorcycle Accidents, News, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Product Recall, Products Liability, Slip and Fall, SUV Accident, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Wrongful Death

los angeles county superior courtLos Angeles – California

Press Release from the Los Angeles County Superior Court

LOS ANGELES SUPERIOR COURT PRESIDING JUDGE ANNOUNCES COURTROOM CLOSURES

The Los Angeles Superior Court today announces plans for the most significant reduction of services in its history. By June 30, 2012, the Court will reduce its staff by nearly 350 workers, close 56 courtrooms, reduce its use of court reporters and eliminate the Informal Juvenile Traffic Courts.

According to Presiding Judge Lee Smalley Edmon, “Staffing reductions due to budget cuts over the past 10 years have forced our court to reduce staffing by 24%, while case filings continue to increase. This has created incredible pressures on our court to keep up with our work. We cannot endure these pressures for much longer.”

In the current year, additional staffing reductions are required to deal with the fact that the state’s budget crisis has resulted in a reduction to the California judicial branch of $652 million. The Court has managed its share of these cuts by spending down year-end fund balances, freezing wages, furloughing court staff, and eliminating staff positions, achieving $70 million in ongoing savings as of last fiscal year.

“This year, the state cuts are forcing us to reduce our spending by an additional $30 million – on top of the $70 million in reductions we have already made,” notes Edmon. “There will be as many as 350 dedicated, skilled court workers who will no longer be serving the residents of Los Angeles County. When we lose those people, we will no longer be able to shield the core work of the court – the courtroom – from the budget crisis.”

The $30 million reduction plan, which will take effect by June 30, 2012, has four components:

First, the Court is closing 56 courtrooms, a move made necessary by the depth and breadth of the reductions. The courtrooms being impacted include 24 civil, 24 criminal, 3 family, 1 probate, and 4 juvenile delinquency courts. The caseloads of those courtrooms are being distributed among the remaining courtrooms. Judicial officers whose courtrooms are impacted will be reassigned to fill vacancies, to share staff or to handle settlement conferences to resolve cases without trials.

Second, on May 15, 2012, the Los Angeles Superior Court will no longer provide court reporters for civil trials. In addition, after June 18, 2012, court reporters will be available for civil law-andmotion matters on a limited basis. (No changes are being made to the provision of court reporters in criminal, family, probate, delinquency or dependency matters.)

Third, the Court is again making significant reductions to its non-courtroom staff. Having made 329 layoffs and lost another 229 court staff through attrition over the past two years, the Court anticipates making more than 100 additional non-courtroom staff reductions by June 30, 2012. “Our judges and staff have shown incredible dedication and commitment in keeping the court running during these past two years. But these new reductions will not allow it to be business as usual. There will be longer lines at clerk’s windows across the county and slower responses to the public’s needs across the court,” said Edmon.

Fourth, the Court will eliminate its Informal Juvenile Traffic Court program (IJTC). IJTC is an innovative program in which minors who commit low-level offenses are held to account for their actions by the court and by their parents – but outside of the traditional delinquency system. “These courts have allowed us to address tens of thousands of offenses in a more appropriate forum than delinquency court,” said Assistant Presiding Judge David Wesley. “We are losing a crucial element of the juvenile justice system to lack of funding.”

“It saddens me to have to make these layoffs,” notes Presiding Judge Edmon. “These actions are affecting people who have made a commitment to public service, to justice. We have had incredible cooperation of all our staff and our labor representatives through the past few years of these trying economic times. We should be in a position to reward them, not to have to inflict further pain.”

“These extraordinary actions,” says Presiding Judge Edmon, “cut into the core work of the courts. With risks of more reductions on the horizon, we are already rationing justice. The Judicial Council must find fiscal relief for the trial courts – from any and all sources. The public cannot tolerate any further major service reductions.”

Notices to litigants and to attorneys regarding these changes are proceeding. Pursuant to statute and rule of court, relevant notices to attorneys and the public regarding the moving of case types, and changes to filing locations, can be found through the court’s website: go to www.lasuperiorcourt.org, click on “News and Media”, then click on “Notices to Attorneys”. For relevant judicial orders, click on “Court Rules” and look under the “Special Notices” tab.  No cases are being dismissed because of these actions.

Los Angeles Personal Injury Attorney Website

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Questions to inquire about prior to hiring an Attorney or Lawyer

Written on April 8, 2012 by in Animal Liability, Assault and Battery, Bicycle Accidents, Big Rig Truck Accident, Bus Accidents, California Law, Car Accidents, Courts, Crime, Damages, Dangerous Conditions, Dog Bite, Drunk Driving, Editorial, Hit and Run Accident, Insurance, Intentional Torts, Liability in Personal Injury Cases, Medical Malpractice, medical treatment, Motorcycle Accidents, Off Road Vehicle Accidents, Off Topic Articles, Other Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury, Premises Liability, Product Recall, Products Liability, Slip and Fall, SUV Accident, Train Accidents, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Workers Compensation, Wrongful Death
California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

Chatsworth – California April 8, 2012

How can you know you have hired the ideal attorney for your legal matter? Exactly what are your legal rights when it comes to a given situation? Are you protected, guided properly, and will all the things involved in your matter be considered before decisions or actions are undertaken? Finding legal help right now can certainly be challenging, further, finding the right legal assistance can certainly be costly.

A part most typically associated with the initial challenge to locate a good attorney is a result of simply not understanding where to begin your actual search. Worse, the expense problem makes this process actually more daunting, presented with the probability of high retainer fees as well as hourly fees, and in the event that you will be looking out for your individual or your family’s needs, here are some thoughts to assist you.

A. Keep family as well as friends away from the legal advice area. I love the phrase “you don’t understand what you don’t understand.” Friends and family don’t understand what they don’t understand. Supplying you with imperfect or outright incorrect information and facts might be dangerous. Your circle of family and friends might be perfect for socializing and receiving everyday views on some things, but not for legal counsel. The majority of people do not know the actual law, how to legally resolve a legal matter, as well as the consequences of measures or omissions in the legal process.

Everyone has an opinion; however, when it comes to protecting you legally, in addition to guiding yourself, one’s family, or perhaps your business, you need more than a family member’s opinion. Family member’s advice may be well intended. But their advice may turn out to be very harmful to your legal case or issue. You should retain a completely independent attorney to deal with your actual legal issue, whether trivial or major, so you can actually obtain the proper legal guidance you need.

B. Stay far away from the ever increasing on-line document preparation solutions on the internet. These normally do not allow for a complete exchange of information and additionally may result in imperfect outcomes which may not fulfill ones actual needs. Documents produced in this manner might address your specifications. But if you have not really been asked proper inquiries, or if you don’t know everything involved, what is produced will be incomplete and could result in complications later because something crucial was not considered.

An example might be a simple Partnership Contract for the organization of a small business. Without terms within the Contract regarding what takes place if a Partner dies, you might have significant problems should that event arise. If you do not know to include a “death involving partner” provision in the contract, the actual on-line preparation service’s questionnaire may not either. Then, you might be devoid of an important part associated with the Contract, causing potential problems for you later on.

There is no way an online document preparation service can replace an experienced attorney.

Having an attorney can cost you more than using the on-line system, but the cost is well worth it. Just like you would never operate on yourself, you should never represent yourself. It is said that only a fool has himself for a client.

C. Find an attorney with a specialization or concentration within the area of law in which you need advice or legal assistance. Attorneys specialize similarly to doctors. You wouldn’t speak to a foot doctor about heart problems or a pediatrician about your aging parent’s memory difficulties. As plainly obvious as these examples appear, you actually might be undertaking the legal equivalent by talking to the incorrect attorney. Find an attorney that practices in the area you need help in.

D. When searching for an attorney, request family and friends (now is the time to involve them) if they know someone good. Go to your computer or smart phone and use the internet to search for a lawyer. For example to find a biker lawyer, type into the search engine “Biker Lawyer,” or if you are looking for a car accident attorney in Chatsworth, California, type in “car accident lawyer in Chatsworth, California. The more specific you type in your search the better.

A word of caution, major search engines like Google, Bing, and Yahoo usually reserve the first 3 spots on the top of the search engine results for sponsored listings or paid advertisements. This means that the first three results on any search you do are paid advertisements. Further, all of the listings on the right hand part of the screen are usually also paid listings and paid advertisements.

There are also major directories that pop up in the search results that contain nothing but attorneys and lawyers who pay for listings.

Just because a lawyer pays for a sponsored listing or advertisement, does not mean they are the best attorney for you. As a matter of fact I recommend that you stay away from the hacks that pay for sponsored listings or advertisements all over the search engines.

Instead you want to find attorneys who are experienced and who you can speak to. A fancy ad does not make a good lawyer.

Yes, attorneys can certainly be expensive. Ask the attorney before you hire him or her how they will charge you. Ask for an estimate of the actual total costs that will most likely be involved. Ask if the lawyer will allow a few minutes for a free of charge consultation. Ask the attorney about their experience. Notice if you get through to the lawyer or if staff members block your actual access. There is nothing wrong with staff addressing your routine questions, however if you want to talk to the actual attorney, you should be allowed to do so.

Types of Fees.

Flat fees tend to be routine for “one-time” legal services, such as representation in a courtroom for a traffic or certain criminal offenses, as well as for the preparation of papers, such as a contract or perhaps a will.

Hourly fees are normal for matters which will entail continuing services, including representation in a divorce or child custody matter, or for business lawsuits. Often attorneys may ask for a “retainer” in advance; this allows them to acquire their fee while they do the work, and it safeguards them in case you decide to not pay them. As the retainer is used up, the lawyer will ask for another retainer.

Contingency fees are often charged for personal injury matters, such as automobile accident cases, or slip and falls, wherein the attorney will receive a percentage of the total recovery when, and only if there is a recovery for you.

Understanding how fees will be charged and collected is an integral part associated with the attorney selection process. Possessing this information will enable you to compare attorneys and then make an informed decision. Note that the least expensive attorney is not always the best. Per hour fees tend to increase with the attorney’s degree of experience. My advice is to take your time with a selection and ask questions. Shelling out money for legal matters may not be fun, but the results should be better than not hiring an attorney to safeguard you, and will most likely in the end save you money.

Norman Gregory Fernandez is an attorney at law licensed throughout the great State of California, and has been practicing law since 1997. He represents personal injury victims and routinely fights insurance companies and big businesses that won’t accept total responsibility for the harms and losses that they cause. He can be reached anytime by calling 800-816-1Law (800-816-1529), via email, or through his website. He’s also available to talk to your group about numerous legal topics.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Oxnard or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

California Personal Injury Attorney Website

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Toyota and Chrysler announce huge vehicle recalls

Written on March 10, 2012 by in News, Product Recall, Products Liability, Safety Tips, SUV Accident
Toyota Tacoma

Toyota Tacoma

Los Angeles – California

Toyota Motor Corp. intends to recall almost 700,000 vehicles as a result of a number of safety issues.

Chrysler Group also announced a big recall.

Toyota said it will recall 495,000 Tacoma trucks from the 2005 to 2009 model years to replace the steering wheel spiral cable assembly.

The automaker has detected friction within the cable assembly that can disconnect the driver’s airbag, preventing deployment in a crash.

Additionally, Toyota will recall 2009 Camry sedans and 2009 to 2011 Venza vehicles to exchange the stop lamp switch. Approximately 70,500 Camrys and 116,000 Venzas are covered by this recall. The Camry is the best-selling passenger car in the United States.

Toyota said that in the installation of the switch at one of its American assembly lines, silicon grease could possibly have reached within the switch and caused a rise in electrical resistance.

“If this occurs, warning lamps on the instrument panel might be illuminated, the vehicle might not start, or even the shift lever might not shift from the ‘park’ position. In some instances, the automobile stop lamps could become inoperative,” the automaker said.

Meanwhile, Chrysler is recalling about 210,000 Jeep Liberty sport utility vehicles originally in Midwestern and Eastern Seaboard states which use road salt during the winter months. Corrosion issues with rear lower control arms could cause a motorist to lose control of the SUV.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Los Angeles or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

Los Angeles Car Accident Attorney Website

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To Retain a Lawyer or to Not Retain a Lawyer, What Should You Do?

Written on February 10, 2011 by in Animal Liability, Assault and Battery, Bicycle Accidents, Big Rig Truck Accident, Bus Accidents, California Law, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Hit and Run Accident, Insurance, Intentional Torts, Medical Malpractice, medical treatment, Motorcycle Accidents, Off Road Vehicle Accidents, Other Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, SUV Accident, Train Accidents, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Wrongful Death
California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

As a California Personal Injury Lawyer, I give free consultations to injury victims throughout the State of California almost every day.

Inevitably about 5% of the people I talk to have either tried handling their California personal injury matter on their own, or are very reluctant to “get lawyers” involved because of what they heard about lawyers, or are clueless about how the legal system works.

Ultimately, out of the 5% of the people mentioned above, about 1% or 1 out of 100 people I talk to decide to handle the matter on their own.

To me, an experienced California Personal Injury Attorney, it is inexplicable why someone would choose not to retain an attorney to handle their personal injury case. Let me tell you why.

Firstly, most people have no clue that they are entitled to recover the following damages in a typical personal injury matter:

Out of Pocket Expenses: All out of pocket expenses flowing out of the personal injury matter such as: loss of wages, medical cost, prescription cost, cost of travel to and from the doctor, prescriptions, loss of use of vehicle, either the repair cost of a damaged vehicle, or the fair market value of a damaged vehicle when the repair cost exceeds the fair market value, rental car, loss of future wages, future medical expenses, etc.

Non Economic Expenses: Pain & Suffering, Emotional Distress, Loss of Enjoyment of life (loss of enjoyment of life consists of compensation to a person for not being able to do things that they used to do, while they are injured. Such as cleaning, cooking, walking, dancing, going out, etc.)

In a nutshell a typical person has no clue that they are entitled to the things mentioned above, how to value such things even if they know about it, and most importantly, how to get it.

Going further, if an injured person is married, they typically do not know that their spouse also has a cause of action against the person who injured them for loss of consortium. Hell most personal injury lawyers in California do not even go for loss of consortium.

Loss of consortium in a nutshell is damages that a spouse of an injured party are entitled to, for the loss of the things that their spouse used to do with and for them in the marriage, because of their injury. In many cases loss of consortium can amount to a substantial amount of money.

I have just touched the tip of the iceberg with this article. Ultimately, only a fool has themselves for an attorney.

I can assure you that in 99% of cases, a person without an attorney will get less than a person with an attorney in a California Personal Injury case.

If you or a loved one have been injured in a California Personal Injury matter you may call my personal injury hotline 7 days a week, 24 hours a day for a free consultation at 800-816-1529 extension 1. You may also check out my personal injury website at http://www.thepersonalinjury.com.

By California Personal Injury Lawyer Norman Gregory Fernandez, Esq., © February 10, 2011

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I am Really Sick and Tired of Ambulance Chasers who give us Real Personal Injury Attorneys a Bad Name.

Written on September 15, 2010 by in Animal Liability, Assault and Battery, Bicycle Accidents, Big Rig Truck Accident, Bus Accidents, California Law, Car Accidents, Dangerous Conditions, Dog Bite, Editorial, Hit and Run Accident, Intentional Torts, Liability in Personal Injury Cases, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Product Recall, Products Liability, Slip and Fall, SUV Accident, Train Accidents, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Wrongful Death
California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

Yes you read the headline of this article correctly; I am sick and tired of ambulance chasers who give ethical personal injury attorneys such as me, a bad name.

An ambulance chaser has been defined by an online dictionary as:

“A lawyer or entrepreneur who hurries to the scene of an accident to try to get the business of any injured persons.”

First of all let me tell all of you something right now, lawyers or their representatives are prohibited from soliciting your business at the scene of an accident in the State of California.

Any attorney who engages in such conduct can face disciplinary proceedings.

If someone is coming up to you at the scene of an accident and recommending an attorney to you; chances are they are engaging in prohibited conduct.

You should never select an attorney based upon a solicitation at the scene of an accident, at your doctor’s office, by the tow truck driver, by a body shop, etc.

Always select someone based upon your own research.

My good friend who is an ex NICB agent, and who now runs an investigative corporation, has told me stories of unethical attorneys illegally paying runners, cappers, doctors, tow truck drivers, body shops, to refer cases to them.

He has also told me stories of personal injury attorneys who are in illegal partnerships with non attorneys to get business.

No attorney can fee share or be in a partnership with a non attorney to get your business.

To be frank, I am absolutely shocked to hear such stories. It is beyond my belief that some unethical attorneys are engaging in such behavior. It is to be frank, despicable.

For attorneys such as me who play by the rules, it is outrageous to think of the poor victims of this type of illegal activity.

Going one step further, you may have recently heard about the explosion in San Bruno and the horrible aftermath.

Sure enough, there are some bottom feeder law firms putting out press releases trying to scavenge business from those poor souls in San Bruno.

Historically in the State of California, attorney advertising was prohibited. In the last several decades attorneys have been allowed to advertise. Some have taken it too far.

I am not against attorneys being allowed to advertise, but I am against what I consider to be ambulance chasing in advertising.

The same thing happened after the Chatsworth Metrorail crash, and many other disasters.

As for me, I am no ambulance chaser. I do not need to be because I am good at what I do.

All of my past and present clients know this to be true. To be good at what you do, you need to actually care about your clients, and get them the money that they deserve.

Ask yourself a question; have you ever heard any other personal injury attorney discussing the topic of this article? Heck No. Do you wonder why? It is the dirty little secret that no one wants to talk about.

Well I am talking about it.

I would like to hear any comments you have. You may comment by clicking the comment link below.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © September 15, 2010

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Toyota sued over deaths in horrendous California crash

Written on March 3, 2010 by in California Law, Car Accidents, Courts, Damages, Editorial, News, Personal Injury, Product Recall, Products Liability

Toyota Product Defect AttorneyLos Angeles – California

Relatives of a California state trooper and three family members whose fatal car wreck helped spark Toyota’s wide-ranging safety recall have sued the automaker for defects they say caused the vehicle to speed out of control and crash.

The lawsuit, filed on Tuesday in San Diego Superior Court, was the latest in a wave of product-liability cases and other legal action brought against Toyota Motor Corp over complaints of sudden, unintended acceleration in its vehicles.

But the fiery August 28 crash near San Diego of a Lexus ES 350 sedan driven by off-duty California Highway Patrol Officer Mark Saylor drew intense media attention and renewed government scrutiny of safety problems that led to the recall of some 8.5 million Toyota vehicles worldwide.

Toyota President Akio Toyoda, grandson of the company’s founder, extended his condolences to the Saylor family in an apology he delivered to a congressional hearing last week.

Saylor was driving his wife, their 13-year-old daughter, and his brother-in-law on a family outing when their car “began to accelerate on its own” and sped out of control despite Saylor’s attempts “to apply the brakes and otherwise do everything possible to stop” the car, the lawsuit says.

The car reached speeds of up to 120 miles per hour before it struck another vehicle, plowed through a fence, hit a berm and flew through the air, then rolled several times into a field and burst into flames.

The family’s final moments before impact were captured in the recording of a frantic 911-emergency cell phone call placed by Saylor’s brother-in-law, Christopher Lastrella, in which he is heard telling the dispatcher, “Our accelerator is stuck … We’re in trouble … there is no brakes.”

Others in the car are heard saying, “hold on” and “pray” as the call ended, the lawsuit said.

The suit names Toyota, its U.S. division and other corporate entities as defendants, along with the Lexus dealership where Saylor was given the doomed car as a “loaner vehicle” while his own Lexus was being serviced.

Although the suit makes no specific allegations as to the root cause of the unintended acceleration, it says the car in question “was defective when it left the control of each defendant” and that “adequate warnings of the danger were not given.” The suit seeks unspecified monetary damages on behalf of the parents of Saylor and his wife.

Toyota officials have said they do not comment on pending litigation.

San Diego County Sheriff’s investigators concluded the crash likely was caused by the gas pedal becoming stuck in an all-weather rubber floor mat designed for a larger vehicle but placed by the Lexus dealership in the sedan loaned to Saylor.

But the accident report said “other avenues of unintended acceleration could not be explored,” mechanical or electrical, due to catastrophic damage to the vehicle.

The report also revealed that another driver who had been loaned the same car a few days earlier told investigators the vehicle raced out of control on him when the gas pedal jammed in the floor mat, which he managed to free after placing the gear shift into neutral.

He complained to a dealership receptionist when he returned the car, the receptionist told investigators she alerted the detail specialist on duty, but the detailer claimed never to have received such a complaint, the report said.

Toyota has recalled more than 5 million vehicles in the United States for slipping floor mats. Another 2.2 million U.S. recall notices were issued for sticking accelerator pedals.

The Transportation Department has said that complaints of unintended acceleration in Toyota and Lexus vehicles are linked with more than 50 U.S. crash deaths under investigation over the past decade.

If you or your family have been the victim of a car crash in a Toyota due to sudden acceleration or other product defect anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com

Toyota Product Defect Attorney

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Tort Reform is a big Scam; Why Tort Reform will Hurt You and take away more of Your Freedom!

Written on December 20, 2009 by in Bicycle Accidents, Bus Accidents, Car Accidents, Courts, Damages, Dangerous Conditions, Dog Bite, Editorial, Hit and Run Accident, Insurance, Intentional Torts, Medical Malpractice, medical treatment, Motorcycle Accidents, News, Off Road Vehicle Accidents, Off Topic Articles, Other Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury, Premises Liability, Product Recall, Products Liability, Slip and Fall, Train Accidents, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Workers Compensation, Wrongful Death

Tort Reform is a ScamWhen you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.

You will be the only one getting screwed with tort reform; mark my words.

 I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009

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Stroller Company announces major safety recall; Maclaren umbrella strollers pose risk of injuries to children’s fingers

Written on November 14, 2009 by in Damages, Editorial, News, Personal Injury, Product Recall, Products Liability, Safety Tips

Maclaren umbrella strollers are being recalledMaclaren is recalling at least 1 million umbrella strollers because of a potential hazard to children’s fingers. A side hinge mechanism poses the risk of cutting or amputating a child’s fingers when the stroller is being opened or closed, the British company said Monday.

The voluntary recall applies to all Maclaren strollers sold in the U.S. since they were introduced in 1999.

The U.S. Consumer Product Safety Commission and Maclaren have received reports of 15 incidents in which children were hurt over the past ten years.

The affected models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller, according to the stroller company. The strollers, which are manufactured in China, are sold nationwide.

Maclaren, in cooperation with the CPSC, is providing consumers and retailers free repair kits which will cover a joint on the faulty hinge mechanism.

Consumers should stop using the strollers immediately and call Maclaren toll-free at (877) 688-2326, the company said.

If your child has been injured while you were using a Maclaren umbrella stroller give us a call for a free consultation at 800-816-1529 ext. 1.

California Products Liability Attorney & Defective Product Causing Injury Attorney

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Biggest Recall in Toyota History; Stuck Accelerators; Important Info for Toyota and Lexus Owners!

Written on September 30, 2009 by in Car Accidents, Editorial, News, Personal Injury, Products Liability, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

Toyota recallYou may have read an article we wrote below about a fatal accident involving a family test driving a lexus and allegations that there may have been a defect that caused the accident.

Federal investigators have said of the 102 accidents caused by stuck gas pedals on Toyota vehicles, there are four possible causes involving the floor mats: The mats are too long or too thick, they weren’t properly secured, the gas pedal design is flawed or the floor geometry is defective.

The wide array of causes presents a challenge to Toyota engineers who are trying to come up with a way to fix the problem that is leading to a recall of 3.8 million vehicles, including the Camry, the top-selling car in the U.S.

“We’ve evaluated a number of different years, makes and models of Toyota and don’t believe that there is a one-size-fits-all answer as to why these incidents are occurring,” said National Highway Traffic Safety Administration spokesman Rae Tyson on Tuesday. “I think Toyota is going to have a challenge on its hands to come up with a remedy that is going to address the problem.”

Toyota spokesman John Hanson acknowledged the problem is more complex than vehicle floor mats alone, but involves the way the floor mat interacts with other parts of the vehicle.

“Other factors may be coming into play here,” he said. “That’s why we feel that probably the remedy could be different from vehicle to vehicle.”

On Tuesday, the Japanese automaker issued a safety advisory urging owners of 3.8 million car and trucks — including popular models like Camry, Prius and Tacoma — to remove driver-side mats. It wants drivers to watch out for loose or incorrect mats that could slide out of position and cover pedals.

Toyota is still studying the problem. Once it comes up with a fix, it will issue a recall of the models. It will be Toyota’s largest-ever U.S. recall, accounting for about 15 percent of all the automaker’s vehicles on U.S. roads, the company said.

The safety advisory was prompted by an accident last month killing four people near San Diego. In that incident, a floor mat trapped the gas pedal on a 2009 Lexus ES 350, causing it to accelerate out of control, strike an SUV, launch off an embankment, and burst into flames.

NHTSA said it had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved. The problem has led to 13 crashes, 17 injuries and 5 fatalities in Toyota vehicles, according to NHTSA.

Toyota’s warning affects the following vehicles:
2007-2010 model year Toyota Camry;
2005-2010 Toyota Avalon;
2004-2009 Toyota Prius;
2005-2010 Tacoma;
2007-2010 Toyota Tundra;
2007-2010 Lexus ES350; and
2006-2010 Lexus IS250 and IS350.

If you, your family, or friends have been in a Toyota vehicle, and had the accelerator stuck resulting in an injury accident in the State of California, you may be entitled to compensation, under California product liability laws.

Please call our Personal Injury Hotline at 800-816-1529 or click here now.

By California Product Liability Attorneys

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Fatal crash continues to raise questions as to whether the Accelerator Stuck. What do you do when a Car Accelerator Sticks?

Written on September 2, 2009 by in Car Accidents, Damages, Editorial, Insurance, News, Personal Injury, Products Liability, Safety Tips, Wrongful Death

California Fatal Car Accident Attorney and LawyerSAN DIEGO, California -

A horrible car crash that killed a California Highway Patrol officer and three of his family members continues to raise questions as investigators try to determine whether their loaner car’s accelerator stuck and what – if anything – could have prevented Friday’s tragedy.

The 2009 Lexus ES 350 came from Bob Baker Lexus El Cajon, where CHP officer Mark Saylor of Chula Vista had dropped off his regular vehicle for servicing.

Toyota, which makes Lexus cars, had recalled the “all weather” floor mats in its 2008 version of that car model because of complaints about them sliding forward and jamming the accelerator. A sales manager at Bob Baker Lexus said he wasn’t sure which mats were in the Lexus loaned to Saylor.

On Monday, Toyota issued a statement saying the company is deeply sorry to hear about the Saylor incident.

“We are unable to comment on this tragic accident until all the facts are known,” the statement said. “It is important to avoid speculation and allow any investigation to run its course.”

It’s not known whether Saylor, a 19-year CHP officer whose job entails vehicle safety inspections, tried to shut off the engine or put the car in neutral – the two most common ways to slow down a vehicle with a stuck accelerator.

Car experts said it’s not always that simple.

An electrical or mechanical failure could have made it impossible to shift into neutral, said Daniel Vomhof III, a vehicle accident reconstructionist with La Mesa-based Expert Witness Services.

Shutting off the engine also can be tricky because most modern vehicles will then lock the steering wheel, leaving the driver unable to steer, Vomhof said.

Asked if drivers have a third option, he replied: “Pray a lot.”

Another complication: A report by the National Highway Traffic Safety Administration found that some Lexus drivers with stuck accelerators tried to turn off the car with the engine control button but didn’t know the button must be held for three seconds.

The agency’s researchers recorded seven crashes, 12 injuries and 40 complaints involving the recalled floor mats in Toyota vehicles.

They also said that when the throttle pedal is fully open unintentionally, some drivers react by hitting the brakes multiple times. This action depletes the vehicle’s vacuum-based power assist, and without that assistance, the brakes must be applied with much more force. Continued driving in that manner can result in overheating the brakes, further diminishing their effectiveness.

Toyota acknowledged the complaints and created new instructions for installing the mats properly. There have been no recalls of the 2009 ES 350, the traffic safety administration said.

On Friday, someone in the Saylors’ Lexus called 911 just after 6:30 p.m. to report the stuck accelerator. Witnesses said the car was traveling northbound on state Route 125 in Santee at more than 100 mph when it entered a T-intersection with Mission Gorge Road.

The vehicle slammed into the rear end of a Ford Explorer and then plowed over a curb and through a fence before hitting an embankment and going airborne. It rolled several times before stopping and bursting into flames in the nearby San Diego River basin.

The CHP said those killed were Saylor, 45; his wife, Cleofe, 45; his daughter, Mahala, 13; and his brother-in-law, Chris Lastrella, 38.

The accident was a wake-up call for some Lexus owners.

Marcelle Khalil of Del Mar, a pharmacist who drives a 2006 Lexus GS 300, said she had a problem with her accelerator two weeks ago. It stuck as she drove into her employer’s parking lot and she narrowly missed a truck before slamming into a curb.

Khalil said she was positive she didn’t step on the gas instead of the brake, but began to doubt herself until she read about the Saylors.

“This could happen to anybody,” she said. “I’m scared to drive my car.”

Blair Carter, a sales manager at Bob Baker Lexus, said “our hearts sunk when we heard” about Friday’s accident.

He said the vehicle had a double redundant fail-safe system that should have shut the car off if there were a major malfunction, and that he had never heard of a situation in which the accelerator was stuck and the car couldn’t be stopped.

“I would get in any of our cars today with my family and drive to Maine,” Carter said.

Product Liability Law –

If it can be proven that the vehicle had a manufacturing or design defect, the family of the persons who were killed in the car crash would be able to sue for wrongful death for a defective product, and not have to prove negligence in Court.

However, if the vehicle which was loaned to the decedent’s had the mats that were recalled by Toyota, then the dealer could be sued under negligence or product’s liability law.

In the end, this is a horrible tragedy for the family of the victims. We have posted this story to provide education to the public on stuck accelerators, and what can be done pursuant to California law if you are the victim of a defective product.

What do you do when your Car Accelerator Sticks?

Car experts recommend trying the following actions if the accelerator becomes stuck while a vehicle is moving:

  • Repeatedly step on the gas pedal to jar it loose.
  • Step on the clutch to disengage the gears or shift the vehicle into neutral.
  • If all else fails, turn the vehicle off. This option could cause loss of power steering or lock the steering wheel in place.

California and San Diego Products Liability and Personal Injury Lawyer and Attorney Website

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Representing Yourself in a California Personal Injury Case is Just Plain Dumb!

Written on March 12, 2009 by in Assault and Battery, Bus Accidents, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Insurance, Intentional Torts, Medical Malpractice, Motorcycle Accidents, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, Train Accidents, Trip and Fall, Truck Accidents, Wrongful Death

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq.Recently I talked to a man who was rear ended in a car accident, and suffered injuries. He received medical treatment which totaled approximately $5,000.00. He stated that the insurance company told him to submit a demand, which he did. He then told me that the insurance company kept telling him to wait just a little longer, and that they would work it out, etc.

Well guess what, the man waited for two years and two days after the accident to call me for a consultation. He is basically shit out of luck; S.O.L. for short! You see you only have two years from the date of the injury to file a lawsuit. This is also known as the statute of limitations for filing a law suit in this type of case. Ignorance of this fact is no excuse for waiting.

Had the man called me one week before the statute of limitations expired, I might have taken the case and filed the requisite lawsuit for him. Unfortunately for him, it was too late. In this mans zeal to in his mind to get more money by not getting an attorney, he got nothing. Little did he know that in the vast majority of cases, a plaintiff in a personal injury case gets more money with an attorney, then without.

I recently spoke to a lady who also happened to work for an insurance company. She had a car accident and was still treating. She was told she may need surgery. The defendant insurance company offered her $7,000.00. She talked to some (moronic) friends at her insurance company who told her it was a good offer, and she took it. She signed a settlement and release of all claims, her case is over. She calls me after the fact to see if she can get out of it. The answer was no! She is stuck with her dumb decision.

I always ask myself why persons injured in a motor vehicle accident, slip and fall, dog bite, or other type of personal injury would not at least call a personal injury attorney like me to obtain at least a free consultation to find out what their rights are? If someone was very sick would they not go see a doctor? Sure they would. So why do people try to handle personal injury cases on their own. Don’t they realize it is the dumbest thing you can do? Don’t they realize that they may be entitled to untold thousands or more in compensation for their injuries? Don’t they realize that personal injury attorney’s such as myself charge nothing unless we recover money for you.

Now granted there are tons of personal injury attorney’s out there. In my opinion most are just settlement mills looking for the quick buck. Not me or my firm!

If you have a personal injury case in California, call me for a free consultation at 800-816-1529 ext. 1. If I can help you, I will. I  will fight to get you as much money as possible in your case.

Don’t be cheap, and don’t be dumb, retain an attorney to get more money than you will on your own. Don’t be like the fools above, instead of cutting out attorneys fees; they cut themselves totally out of any real settlement!

By California Personal Injury Lawyer Norman Gregory Fernandez, © 2009

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Suzuki Issues Urgent Recall For GSX-R1000 Motorcycles

Written on March 9, 2009 by in Damages, Editorial, Motorcycle Accidents, News, Personal Injury, Products Liability

Product Liability Attorney Norman Gregory Fernandez discusses the urgent recall of Suzuki GSX-R1000 motorcycles.Chatsworth, California –

American Suzuki Motor Corporation announced that an extraordinary safety defect in 2005 and 2006 GSX-R1000 model sport bikes has been causing cracking and breakage in the front wheel/fork assembly and behind and below the steering neck of the motorcycle. Frame fractures are serious safety defects that destabilize and otherwise adversely affect the handling and maneuvering characteristics of motorcycles so as to make it nearly impossible for even the most experienced and talented riders to avoid a catastrophic crash.

This is a urgent safety problem. If you have one of these motorcycles DO NOT RIDE IT. CALL YOUR LOCAL SUZUKI DEALER NOW. IF YOU HAVE BEEN INJURED DUE TO THIS DEFECT CALL US NOW AT 800-816-1529 EXT. 1.

The defect in the frame of the Suzuki GSX-R1000 sport bikes is so significant that it has caused the entire front steering assembly to completely separate from the body of the motorcycle while unsuspecting drivers were in the act of operating this dangerous machine! If you or a family member has sustained injury while operating one of these Suzuki sport bikes, call the our law office at (800) 816-1529 ext. 1, so that our experienced team of trial lawyers can help you pursue compensation for your harm.

Suzuki, perhaps unsurprisingly, has refused to take responsibility for manufacturing and selling such an incredibly defective sport bike. Suzuki Motor Corporation has instead attempted to point the finger at the purchasers and drivers of their motorcycles, claiming that the cracking and breaking of these frames is attributed to reckless drivers who engage in dangerous stunts and illegal driving activities which places an unusually high amount of stress on the frame of the motorcycle.

However, Suzuki has initiated a recall campaign as of late January, 2009, in which the company will either replace broken and cracked frames or retrofit affected bikes with a brace to minimize the potential for frame cracking and breakage. This massive recall covers more than 26,000 model year 2005 and 2006 GSX-R1000 motorcycles!

If you own or ride one of these Suzuki sport bikes, you should have already received a notification letter from Suzuki explaining the possible safety defects in the frame and requesting you to return your motorcycle to a Suzuki dealership as soon as possible. Suzuki also asked its individual dealerships to attempt to personally contact customers and inform them of the recall initiative. It is of the utmost importance for all owners of a recalled sport bike to trailer the motorcycle to a Suzuki retailer before any future operation of the bike is undertaken.

A word to the wise: Do not be fooled! The frames of the recalled GSX-R1000’s may have cracks that are so faint they are not visible to the naked eye. Even the slightest of hairline cracks can lead to partial or total separation of the frame while driving. Furthermore, frames that are currently defect free may, at any moment, sustain a crack or break which can cause you and your bike to become painfully familiar with the asphalt.

Under the rules governing this recall, Suzuki must abide by guidelines approved by the National Highway Traffic Safety Administration for inspecting and remedying the dangerous sport bikes. Specifically, if Suzuki does detect any sort of crack or breakage anywhere in the frame, the company must replace the frame with a new frame that is equipped with a reinforcement brace. In the event that Suzuki does not detect any damage to the frame, a reinforcement brace must be attached to the current bike frame using bolts and epoxy adhesive. In order to provide for the safety of yourself and others, it is critical that owners of 2005 and 2006 model year GSX-R1000’s take immediate action in response to Suzuki’s recall campaign!

Suzuki claims that the reinforcement brace is made of lightweight, slender aluminum that will not affect the appearance, handling or performance of your motorcycle. Additionally, the company is providing a five-year warranty covering the frame and brace, effective as of the date of the brace installation.

If you own a motorcycle that is covered by this recall initiative, the inspection and appropriate repair or replacement will be done free of charge. However, Suzuki has noted some forms of service and repair that will not be covered under the recall. For example, customers will have to shoulder the cost of repairs attributable to crashes or other similar incidents caused by the safety defect.

If a family member has died or you or a family member has been njured while operating a Suzuki GSX-R1000 sport bike, my law firm, The Law Offices of Norman Gregory Fernandez can see to it that your legal needs are fully and carefully represented, so that you can get the compensation you are entitled to. You may call our hotline at 800-816-1529 ext. 1 for a free consultation now.
Visit the links listed below to view the Suzuki Customer Notice and Consumer Affairs Information regarding Suzuki’s recall campaign.

http://www.suzukicycles.com/Recalls/pdf/GS_GSX_GSXR_192_WebsiteLetter.pdf

http://www.consumeraffairs.com/recalls04/2009/suzuki_gsx.html

By Defective Motorcycle Personal Injury Attorney

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The Supreme Court strikes Preemption Argument In Drug Company Case.

Written on March 5, 2009 by in Damages, Editorial, News, Personal Injury, Products Liability

California Personal Injury LawyerIn one of the most eagerly awaited decisions of this Supreme Court session, the justices today ruled that drug companies are not shielded from personal injury claims even if the feds approved their products and packaging. The 6-3 decision is a victory for Diana Levine, a Vermont musician, now in her 60s, who sued drug giant Wyeth after she had to have her arm amputated because of a botched injection of the anti-nausea med Phenergan.

The ruling has wide-reaching implications for product liability and personal injury lawsuits, including those pending against Merck & Co. charging that its anti-inflammatory drug Vioxx dramatically increased heart attack and stroke risk.

“Federal law does not pre-empt Levine’s claim,” the justices wrote, “that Phenergan’s label did not contain an adequate warning about the IV-push method of administration.”

To sum the case up, Levine, a guitarist, suffered from migraines and often received an injection at a nearby clinic of Phenergan in her backside to treat related nausea symptoms. But on one tragic visit in 2000, instead of giving her a shot in the butt, the physician’s assistant attempted to inject the drug directly into a vein in her arm using an alternative approved method called intravenous push.

The worker accidentally injected the drug into Levine’s artery instead of a vein, which has the potential to cause a spasm in the artery, reducing the blood supply and sometimes leading to gangrene. Indeed, the right-handed musician rapidly developed an infection in her right hand and forearm, and doctors were forced to amputate the blackened limb in two stages.

Although the packaging was approved by the Food and Drug Administration and described the risks of Phenergan, Levine’s lawyers argued that the warning against IV-push should have been stronger. A Vermont jury awarded Levine $6.7 million in damages, and the Vermont Supreme Court upheld the decision in 2006. But Wyeth appealed to the U.S. Supreme Court, which has now weighed in, putting the matter to rest.

The three justices who ruled against Levine were John Roberts, Antonin Scalia, and Samuel Alito, Jr., who penned the dissenting opinion. “[I]t is odd (to say the least) that a jury in Vermont can now order for Phenergan what the FDA has chosen not to order for mustard gas,” Alito wrote — referring to the highly toxic but powerful chemical that, despite the significant risk, can be administered via IV push as an anticancer drug.

California Products Liabilty Attorney

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What Do You Do When Your Motel or Hotel Has Bed Bugs? Don’t the let Bed Bugs Bite!

Written on July 13, 2008 by in Assault and Battery, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Intentional Torts, Motorcycle Accidents, News, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, Train Accidents, Trip and Fall, Truck Accidents, Wrongful Death

California Personal Injury Lawyer Norman Gregory Fernandez discusses an inkeepers duty not to allow bed bug infestations in hotel rooms, or motel rooms.Imagine you and your spouse have been traveling for many hours on a major interstate highway on your motorcycle or in your car, truck or other motor vehicle.

You and your spouse are very tired, sleepy, and decide to get a hotel or motel for the evening. You stop at what you think is big name, trustworthy, reputable motel chain to get a room for the night.

As you are sleeping you start to feel itchy, and that something is wrong. Imagine waking up to find out that you have been bitten hundreds of time by bed bugs or other blood eating insects! You have got that right bed bugs! Imagine the bites becoming infected; for weeks you suffer not only with the infection, but when it goes away, you have permanent scarring. Here is a link to the Harvard School of Public Health which explains what bed bugs are in great detail.

What do you do?

Well the first thing that you should do under the circumstances is seek medical treatment as soon as possible. A few bites are one thing, but hundreds are a whole different matter. You could have an allergic reaction, they could become infected, you could suffer scarring, etc. Prompt medical treatment will most likely give you a better prognosis.

The next thing you should do is take pictures of your bites. If you do not have a digital camera, buy a disposable camera and take pictures.

You should then notify the hotel / motel owner or manager of what happened as soon as reasonably possible, preferably before you check out. Obviously you do not want to go back into the room unless you have to, and anything taken out of the room by you needs to be washed, scrubbed, thrown out, etc., or you risk taking the bed bugs with you.

You should then immediately call a California Personal Injury Attorney such as me if your incident occurred anywhere in the State of California or another personal injury attorney if your incident occurred outside of California. You should call a personal injury attorney within 24 to 48 hours of your incident because of all the things that need to be done in your case, and because of all of the things you can do to screw your case up on your own.

Motel / Hotel (“Innkeepers”) owners have a higher duty of due care than normal to ensure that their rooms are safe and habitable for paying guest. If they allow bedbug infestations, or other insect infestations to cause injuries to their guests, they are liable for all damages proximately caused for their failure to prevent such infestations.

Check out my California Personal Injury Website Here for valuable information about personal injury cases. Remember, only a fool has himself or herself for a client.

If you have been the victim of bed bugs in a hotel / motel, a car accident, a truck accident, a motorcycle accident, a dog bite, a slip and fall, or any other personal injury, anywhere in the State of California that you think may have been caused by someone else, or where you think someone else may be responsible for your injuries, give us a call 7 days a week, 24 hours a day at 800-816-1529, extension 1. We will give you a free consultation over the phone, and tell you what we think about your case.

If we believe that we can help you, you may retain our firm on a contingency basis (in most cases) which means that you will not have to pay any money out of your pocket, unless we recover for you.

If you do not feel like calling you can click here to submit your California case to us online. If we feel that we can help you, we will respond to you. Either way, you have nothing to lose, and potentially everything to gain.

Take care all and remember; don’t let the bed bugs bite!

By California Personal Injury Attorney Norman Gregory Fernandez, © 2008

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