HABERKORN & Associates

Redwood City California Personal Injury Law Blog

Man claims defect resulted in gun explosion and serious injury

In many cases, before a product is released for public use, it undergoes rigorous testing to determine it is safe, functional and effective in performing its purpose. However, there are times when manufacturing defects are overlooked which can create a significant hazard for users of affected products. Unfortunately, there are scenarios where consumers in California unknowingly use a defective product resulting in serious injuries or even death. 

This was exactly what happened to a hunter in Iowa when a rifle he was using exploded resulting in serious injuries to his face, right ear and hand. The man claimed he did not do anything differently on the opening day of the 2014 deer hunt. When he aimed his loaded rifle at a target, the barrel violently exploded and threw him backward. Investigations revealed that the man was not the only consumer who had complained about the function of the rifle. Several other customers filed complaints alleging that the stainless-steel muzzle exhibited defective performance when the barrel split, exploded or burst. The firearms manufacturer defended their product and blamed the injuries on user error. They concluded that gun owners were using the wrong type or amount of gunpowder or incorrectly loading ammunition. The man filed a lawsuit against the company and is seeking damages related to his injuries. 

Can you take steps to be a safer pedestrian?

Whether you are walking to work, joining your children while their ride their bikes to school, or crossing the parking lot into the supermarket, you are considered a pedestrian in California. While it would be nice to assume that all drivers recognize you 100 percent of the time, there are incidents when driver distraction, obstruction or even carelessness can create a dangerous disaster. Fortunately, there are steps you can take to keep yourself safe as a pedestrian so you can avoid injury. 

According to AAA Exchange, some of the proactive efforts you can take to stay safe include the following:

  • Always follow the traffic rules that have been designed to protect you. For example, use crosswalks, crossing signals, flags and sidewalks whenever possible. Wait your turn to cross the street and make sure you are confident that all drivers have seen you before you enter the roadway.
  • Never consume alcohol if you anticipate walking somewhere around cars and traffic. Doing so can impair your ability to make effective decisions and respond to potential hazards you may encounter.
  • Avoid distractions including iPods, phones, reading and eating while walking. Distractions may withdraw your attention and put you in harm's way if you do not recognize danger before it is too late.
  • Practice visibility by wearing brightly colored clothing and using crossing resources like flags, when possible.
  • Limit your walking to areas that have been designed for pedestrians. Places like sidewalks, crosswalks and pedestrian tunnels or walkways are all designed to keep you out of harm's way.

What is fatigued driving?

You have probably heard a lot about distracted driving and drunk driving in California. There are many campaigns to get the word out about how dangerous those things are. However, there is another common issue that can be just as dangerous as driving drunk or distracted. This is fatigued driving. 

According to the National Highway Traffic Safety Administration, fatigued driving is driving when you are too tired to focus properly. Being tired behind the wheel can be just as bad as doing other things you should not when driving. It leads to many accidents and even deaths. In fact, 846 people died in 2014 because of drivers who were drowsy behind the wheel. 

How diagnostic errors lead to medical malpractice

One common issue that is often overlooked when people in the Redwood area think of medical malpractice involves inaccurate diagnostics. Before doctors and medical care providers recommend treatments and surgical procedures to their patients, they often perform diagnostic tests to help them rule out other possibilities. According to HopkinsMedicine.org, medical errors that occur because of issues with diagnostic procedures cause treatment delays, missed diagnoses and inaccurate results and have a major impact on patient health. 

The most common forms of medical errors include wrong surgical sites, treatment delays and other issues that some patients may not be able to overcome and die. Individuals who survive, often have to live with health complications that require them to see the very same professionals they no longer trust for medical care to live. 

Bay Area school zones are graded an "F" for pedestrian safety

Being a parent can be mentally exhausting, including planning meals, organizing the house and coordinating rides for your children. You hope that accidents are the last thing you need to worry about when dropping-off and picking-up your kids from school. Unfortunately, school zones may not be as safe as you might hope.

Bay Area counties are given the most dangerous ranking possible for school zone safety. In a nationwide study, Zendrive gave each county a ranking from “A” to “F” for safety. San Mateo County ranked as an “F,” with 49 out of 55 schools in the county located within 500 feet of roads with heavy traffic, like highways.

Common causes of airplane accidents

Flying is often a faster alternative to traveling on the roads. But there are certain factors that can lead to passengers becoming hurt and dying. One thing that many people fail to consider when booking their airline reservations is the type of injuries they may sustain. According to AviationSafety.net, there were 325 deaths in 19 airline accidents in 2016. Those statistics do not include the number of passengers who sustained injuries. 

Airlines must adhere to strict safety standards to reduce the risk of injury to their passengers, states FindLaw. They must inspect their aircrafts regularly and keep them safe from hazards. They must also maintain their airplanes and provide ongoing training to employees to ensure that everything and everyone follows federal laws and standards. 

How can medical malpractice cause Deep Vein Thrombosis?

One medical issue that often results in misdiagnosis is deep vein thrombosis (DVT). DVT is a condition that affects many people in the Redwood City area, especially patients who are left in the same position for too long or suffering from serious injury, pregnant and have other health conditions. It can also occur on its own. Untreated, it can cause painful swelling, skin discoloration, severe bruising, pulmonary embolism and other life-threatening conditions, states the Mayo Clinic. 

Signs of Deep Vein Thrombosis 

How can medical malpractice occur when doctors are sick?

When it comes to the doctors and nurses you rely on for medical care in Redwood City, you expect for them to be in optimal health and on their A-game at all times. When they are not, the chances of you becoming a medical malpractice victim increases. 

Many of these individuals go to work and perform their jobs while they are ill and not feeling their best. When they are sick, there is an increased risk of them passing their illness onto you and other patients. Here are some common reasons why sick health care workers choose to go to work and put their patients at risk.

How can I report an unsafe product?

As a consumer, you expect the products you buy in California to be safe. However, you may run across a product that is not. If this happens, you should report it so other people can be informed and watch out if they have bought the same product. It also helps ensure steps are taken to prevent more harm.

If you need to report an unsafe product, then you should report it to the Consumer Product Safety Commission. You should go to the CPSC's website to get the form. You will need to fill in information about the product, including where you bought it and what was wrong with it. You also have to supply information about yourself and your injuries. You should provide pictures of the product to help with identification.

Uber drivers sometimes drive drunk too

For many people in California, ride-sharing companies Uber and Lyft provide a safe and responsible alternative to drinking and driving. You can go out for a night on the town and drink as much as you want without worrying about arranging a designated driver or trying to drive yourself home. Instead, a sober driver will pick you up and take you home for a reasonable fee.

That’s the idea at least. A former Southern California Uber driver was sentenced to three years’ probation for drinking and driving with a customer in the back seat. As the prosecutor noted in the Long Beach Press Telegram, the man violated the trust his fare put in him to drive safely.

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Haberkorn & Associates
2055 Woodside Rd., Suite 155 Redwood City, CA 94061
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