Sacramento Personal Injury Attorneys Talk Tort
At Sette Law Office in Sacramento our injury attorney knows that while people have a general understanding of personal injury actions, lawyers know this in the context of tort law. The public becomes aware of tort law during election cycles when caps on lawsuit damages occasionally appear on statewide ballots.
But our Sacramento personal injury attorney understands that torts cover a wide swath of law in the state and across the nation. In this blog, we’ll talk about some of the details of tort law that our Sacramento accident and personal injury attorney address on a daily basis.
At its foundation, tort law covers civil wrongs that are acknowledged as sufficient grounds for a lawsuit. Personal injury attorneys may bring a lawsuit that claims harm or personal injury to a plaintiff.
The intent of tort law, according to Sacramento personal injury lawyers, is both punitive as well as preventative. For example, a liability attorney may sue a carmaker for injuries on behalf of a client harmed because of, say, faulty airbags, and at the same time, send a message to other companies that cause them to recall cars with similar equipment that can cause personal injury.
Lawyers also argue torts that can send guilty defendants to prison, but most involve harm or personal injury that results in monetary awards for damages suffered due to an act or accident.
Attorneys additionally can ask for an injunction that will effectively prevent the defendant (an individual, company, or entity) from continuing the action that caused the personal injury.
LAWYERS HANDLE A VARIETY OF TORTS IN SACRAMENTO
Personal injury Attorneys handle several kids of torts such as assaults, defective products, and negligence that leads to injury. Our lawyer explains this is not the limits of tort law, but representative of types of cases in the general class of tort law.
Let’s look at product liability since our Sacramento liability and personal injury attorney is closely watching the recall of so many automobiles for airbag defects.
Over the past year, personal injury lawyers represented families whose loved ones may have died because of faulty airbags – as well as defendants who suffered a debilitating personal injury. Attorneys are monitoring an increasing number of cases while Takata’s liability defense attorneys fight plaintiffs in court.
Takata Corporation is the maker behind the majority of airbag recalls. Interestingly, Sacramento personal injury attorneys explain that it’s not just Takata that may be held liable for airbags that caused death and personal injury. Our Lawyers say that all parties throughout the chain of manufacture may share responsibility.
From the manufacturer to the dealership and all points in between, there may be product liability. Attorneys will be litigating these cases in a national spotlight that may include lawsuits initiated in Sacramento.
Personal injury lawyers further explain that product liability also extends to nontangible entities such as gas, things in the natural world like pets, writing in documents, and real estate.
Products liability law is further complicated by being under state jurisdiction, according to our Sacramento personal injury attorney. With no overarching federal law on product liability, states have created liability statutes that inspired the U.S. Dept. of Commerce to issue a Model Uniform Products Liability Act (MUPLA). Our Sacramento liability attorneys explain that the use of this act by states is voluntary.
A TRIO OF TORT CLAIMS HANDLED BY PERSONAL INJURY LAWYERS
There are three kinds of claims made under product liability, according to Sacramento personal injury lawyers – but most come under the category of “strict liability.” In such cases, a defendant can exercise appropriate care in making a product that is defective.
Liability lawyers explain that when a defect in such products causes personal injury or death, the defendant will still be responsible, despite demonstrating care. Our Sacramento personal injury attorney speculates this will most likely be the case in the ongoing Takata airbag lawsuits.
Along with strict liability torts, there are “negligent torts’ and ‘intentional torts’ our personal injury attorney deals with regularly in Sacramento. Personal injury lawyers make evaluations of which category applies to each individual case.
Negligent torts apply when a plaintiff is harmed by someone who, for example, runs a red light and injures another person. The driver has failed to exercise a standard of care that requires obeying traffic laws in Sacramento.
Liability attorneys also work with intentional torts that can include assault and battery, trespassing and even inflicting emotional distress. Going even deeper, our personal injury attorney explains that tort law also includes several specific areas such as the invasion of privacy, defamation, and other acts.
Although our Sacramento personal injury lawyer is highly educated and experienced in tort law, we nonetheless acknowledge the complexities of this legal arena.
Liability attorneys can reference the MUPLA and also look to a publication by the American Law Institute (ALA), “Restatement of Torts.” The ALA is an independent body comprised of leading legal scholars, judges, and lawyers.
Our Sacramento personal injury attorney says the creation of the ALA demonstrates the global need for constant monitoring, revision, and clarification with the aim of improving the delivery of law.
SACRAMENTO LIABILITY ATTORNEYS FACE PATCHWORK OF TORT STATUTES
Our Sacramento personal injury lawyer acknowledges the challenges of the administration of justice in a fundamentally consistent manner. With a variety of laws on a state-by-state basis, even the basics of common law may not be shared.
About 4000 legal experts participate in the work of the ALA, according to our Sacramento personal injury attorney. Their work helps to keep the understanding and application of justice under the law more consistent throughout the nation and in Sacramento.
Naturally, personal injury lawyers do not expect plaintiffs to understand the many nuances of tort law – that is our job as a Sacramento liability and personal injury attorney.
But we feel that being educated and informed helps our clients to better understand the work we do for them in Sacramento. Personal injury attorneys have a great responsibility – not only to professionally represent clients but also to stay abreast of changes and updates to current liability law.
Our Sacramento liability attorneys know that laws are dynamic and are constantly being tested. While representing our clients in Sacramento our personal injury lawyer must be aware of nationwide developments that can impact our approach to local jurisprudence.