Category: Laws

Every day, we use countless products in our homes without giving much thought to their safety. However, when a defective product causes harm, it can lead to devastating consequences. In California, strict product liability laws protect consumers from these hidden dangers, holding manufacturers and sellers accountable for the injuries caused by their products. In this blog post, we’ll explore how product liability intersects with personal injury law and how SHK Law can help.

Unpacking Product Liability Law in California

California has some of the most consumer-friendly product liability laws in the nation. Under the state’s strict liability doctrine, a manufacturer or seller can be held liable for injuries caused by a defective product, even if they were not negligent in the design, production, or sale of the item. This means that consumers have a stronger chance of recovering damages when injured by a defective product.

In some cases, product liability may also overlap with premises liability. For example, if a defective product causes an injury on someone else’s property, the property owner may be held liable for failing to ensure a safe environment.

Types of Product Defects

There are three main types of product defects recognized under California law:

1. Manufacturing Defects: These occur when something goes wrong during the production process. For example, if a bicycle frame cracks because it wasn’t welded properly, or if a batch of medication is contaminated during production. The product differs from all others on the production line and doesn’t match the manufacturer’s intended specifications.
2. Design Defects: These flaws are built into the product from the start, affecting every unit made. For instance, a car model that tends to roll over during normal turns, or a children’s toy with small parts that pose a choking hazard. Even if manufactured perfectly to specifications, the fundamental design makes the product unsafe for its intended use.
3. Warning Defects: These happen when manufacturers fail to provide adequate safety warnings or instructions about non-obvious risks. Examples include a medication that doesn’t warn about dangerous drug interactions, or a chemical cleaner that fails to mention the need for ventilation. The product itself might be well-designed and manufactured, but the lack of proper warnings makes it dangerous for consumers.

If a defective product causes injury, victims may have grounds for a personal injury claim under product liability law. They can seek compensation for medical expenses, lost wages, and pain and suffering. Manufacturers, distributors, and retailers may all be held liable. California follows strict liability rules, meaning victims only need to show the product was defective and caused their injury, making it easier to hold companies accountable.

Proving a Product Liability Claim

To succeed in a product liability claim, the plaintiff must prove that:

1. The product was defective in its design, manufacture, or warnings;
2. The defect existed when the product left the defendant’s possession;
3. The plaintiff used the product in a reasonably foreseeable manner; and
4. The defect directly caused the plaintiff’s injuries.

Expert testimony is often crucial in establishing the existence of a defect and linking it to the plaintiff’s injuries. At SHK Law, we work with leading experts to build strong cases for our clients.

SHK Law: Your Advocate in Product Liability Cases

At SHK Law, we have extensive experience handling product liability cases, from defective consumer products to industrial equipment. Our trial-ready philosophy ensures we’re always one step ahead. From day one, we prepare each case as if it will go to court, which strengthens our negotiation stance and frequently results in higher settlements for our clients.  Our case results demonstrate the impact of our approach:

• Over five decades of combined experience
• An impressive 99% Success Rate
• More than $350 Million Secured for Our Clients
• No fees upfront: We offer free consultations and work on a contingency basis

Conclusion

California’s strict product liability laws provide strong protection for consumers against the hidden dangers of defective products. If you or a loved one has been injured by a faulty product, it’s crucial to understand your rights and seek the guidance of experienced attorneys. At SHK Law, we have the knowledge, resources, and commitment to help you fight for the compensation you deserve.

Ready to Discuss Your Case? 

Call (818) 960-0011 now or schedule a free case evaluation online now. Our experts are available 24/7 to guide you through your legal options.

The fentanyl crisis has left an indelible mark on countless lives across California and the US. This incredibly potent synthetic opioid, often unknowingly laced into other substances, has resulted in a devastating number of overdoses and wrongful death cases. The CDC reports that in 2021, synthetic opioids (primarily fentanyl) were involved in a staggering 71,238 deaths in the United States, accounting for more than 66% of all fatal drug overdoses.

With a potency 50 to 100 times greater than morphine, fentanyl poses a severe threat, particularly when unknowingly ingested in laced substances. The majority of fentanyl involved in overdoses is produced illegally in clandestine labs outside of the US and smuggled into our country, frequently mixed with other drugs such as heroin, cocaine, or counterfeit prescription pills. The proliferation of fentanyl has greatly exacerbated the ongoing opioid epidemic, leading to a sharp increase in overdose deaths.

To address this public health crisis, California lawmakers enacted AB 701, which strengthens penalties for fentanyl distribution. At SHK Law, our skilled attorneys deeply understand the intricacies of drug-related personal injury cases and are dedicated to helping victims pursue justice.

The Intersection of AB 701 and Personal Injury Law

Although AB 701 primarily emphasizes criminal penalties for fentanyl distribution, it also carries significant implications for personal injury law. Individuals who distribute fentanyl, whether intentionally or negligently, can face civil liability for the harm caused by their actions. For instance, a dealer who sells fentanyl-laced drugs that result in an overdose may be held liable through a wrongful death lawsuit initiated by the victim’s family.

In certain cases, fentanyl-related injuries may stem from product liability or defects. Defective drug testing kits or mislabeled products containing fentanyl can inflict serious harm on unsuspecting individuals. Manufacturers and distributors of these products may be held liable for the resulting injuries.

Key Aspects of California’s Fentanyl Distribution Penalty Law

AB 701 substantially strengthens the penalties for fentanyl distribution in California. Under this new law, individuals convicted of selling or distributing fentanyl face extended prison sentences and higher fines. The law also targets those who manufacture or transport fentanyl, as well as those who possess large quantities of the drug with the intent to sell.

By imposing more severe penalties, AB 701 aims to deter fentanyl distribution and reduce the number of overdose deaths in California. The law is part of a comprehensive strategy to combat the opioid epidemic and hold those responsible for the crisis accountable.

Seeking Compensation in Fentanyl-Related Personal Injury Cases

Victims of fentanyl-related injuries and their families may be entitled to compensation for their losses, including medical expenses, lost income, pain and suffering, and in tragic cases, wrongful death damages. However, successfully doing so usually requires the expertise of an experienced law firm in California.

Premises liability claims may arise when a property owner knowingly allows fentanyl distribution or use on their property, leading to injuries or deaths. Similarly, school injury claims can occur when fentanyl distribution among students results in harm, holding the school district or staff accountable.

Fentanyl exposure in the workplace can lead to third-party work accident claims, where employers and other parties responsible for the drug’s presence may be liable for resulting injuries or deaths.

SHK Law’s Approach to Fentanyl Distribution and Personal Injury Cases

At SHK Law, our attorneys have extensive experience handling drug-related personal injury cases, including those involving fentanyl. We understand the devastating impact these cases have on victims and their loved ones, and we’re committed to fighting for the justice they’re entitled to.

Our trial-ready approach ensures we’re always one step ahead. By preparing to go to trial from day one, we are able to negotiate from a position of strength, which often leads to much higher settlements for our clients. Our case results are a testament to our winning legal strategies:

• 50+ Combined Years of Experience
• 99% Success Rate
• Over $350 Million Secured for Our Clients
• No Upfront Costs: Free Consultation, Contingency-based Fees

Conclusion

AB 701 is a vital step in California’s battle against the fentanyl crisis, but it’s just one piece of the puzzle. If you or a loved one has been affected by fentanyl distribution, don’t wait to seek help. 

Call SHK Law at (818) 960-0011 for a free consultation. Our compassionate and knowledgeable attorneys are here to guide you through this challenging time and fight for the justice you deserve.

Imagine a California where obtaining a concealed carry permit requires going through a maze of stringent background checks, rigorous training requirements, and newly implemented eligibility criteria. This scenario became a reality with Governor Gavin Newsom’s signing of Senate Bill 2 (SB 2) on September 26, 2023. As of January 1, 2024, California will now enforce some of the nation’s most comprehensive and exacting regulations on who can legally carry a concealed weapon.

While SB 2 aims to bolster public safety, it also introduces intricate legal nuances that can significantly impact various cases, particularly those involving personal injuries resulting from firearm incidents. Navigating these new regulations is not just crucial—it’s imperative. That’s where SHK Law’s expertise becomes invaluable. With decades of specialized experience, we excel in guiding clients through the myriad of California’s evolving firearm laws, ensuring they fully understand and can effectively exercise their rights.

How SB 2 Intersects with Various Legal Cases

SB 2 fundamentally reshapes California’s concealed carry laws, creating ripple effects that extend far beyond permit applicants to influence the broader legal landscape. Multiple types of cases could be impacted by these changes, including:

• Personal Injury
• Premises Liability
• Workplace Injuries
• Wrongful Death

Personal Injury Cases

In personal injury cases involving firearms, SB 2 introduces new layers of complexity. For instance, if someone is injured due to another person’s negligent handling of a firearm, the shooter’s compliance with SB 2 could be a critical factor. Non-compliance may establish negligence per se, strengthening the injured party’s claim.

Example: A person is accidentally shot in a public park—a newly designated “sensitive area” where concealed carry is prohibited under SB 2. The shooter’s violation of the law could significantly elevate the victim’s personal injury claim.

Premises Liability

Property owners now have increased responsibilities under SB 2. If a shooting occurs on their property, they may be held liable if they fail to enforce the new regulations, such as prohibiting firearms in sensitive areas.

Example: A business owner allows patrons to carry concealed weapons in their establishment, ignoring SB 2’s restrictions. If a firearm incident occurs, the owner could face a premises liability claim for not ensuring a safe environment.

Workplace Injuries

Employers must ensure that their policies comply with SB 2 to protect employees and customers. Failure to do so could result in workplace injury claims if an incident occurs due to non-compliance.

Example: An employer permits employees to carry concealed weapons without verifying their permits meet SB 2 standards. If an employee misuses a firearm, resulting in injury, the employer could be liable for a workplace injury claim.

Wrongful Death

In tragic cases where firearm misuse leads to death, SB 2 violations could be pivotal in a wrongful death lawsuit. Demonstrating that the defendant breached the stringent regulations can strengthen the family’s case.

Example: A family loses a loved one due to a shooting by someone who obtained a concealed carry permit without meeting SB 2’s enhanced requirements. The violation of SB 2 could be a key factor in a wrongful death lawsuit.

Understanding the New California Concealed Carry Laws 2024

SB 2 introduces several significant changes:

• Enhanced Background Checks: Applicants must undergo comprehensive screenings, including in-person interviews and character references.
• Mandatory Training: At least 16 hours of firearm safety, storage, and legal instruction are now required.
• Sensitive Location Restrictions: Expansion of “sensitive areas” where carrying firearms is prohibited, such as schools, parks, and public gatherings.
• Age Restrictions: The minimum age for permit eligibility is now 21 years.

Understanding these changes is crucial for anyone involved in legal cases related to firearm incidents. Our team at SHK Law stays updated on these laws to provide you with the most effective representation.

Key Factors in SB 2 Legal Claims

When pursuing a claim under the new law, several critical factors come into play.

Legal Compliance of the Gun Owner

One crucial aspect is the legal compliance of the gun owner. This includes determining:

• Whether the firearm carrier possessed a valid concealed carry permit
• If all necessary background checks and training requirements were met
• That the permit was active and not suspended or revoked at the time of the incident

Another important consideration is location restrictions. SB 2 designates certain “sensitive areas” where firearms are prohibited, such as schools, government buildings, and public transit. Even with a valid permit, carrying a firearm in these locations could result in legal consequences. Additionally, property owners may prohibit firearms on their premises, regardless of permit status.

Impact on Liability and Negligence

Negligent entrustment is another key factor that can impact liability. This occurs when someone provides a firearm to an individual who is unqualified under SB 2. In such cases, it’s crucial to determine:

• Whether the owner or seller verified the recipient’s permit status and eligibility
• If reasonable steps were taken to ensure the recipient was not prohibited from possessing a firearm

Failure to exercise due diligence could result in liability for any resulting harm or damages.

Employer liability also comes into play when considering SB 2 compliance. Businesses must ensure that their employees comply with the law to avoid liability in workplace incidents. This includes:

• Having clear company policies that outline firearm restrictions and permit requirements for employees
• Providing proper training on SB 2 compliance and the company’s firearm policies

Employers may be held liable for employee actions if proper precautions were not taken.

In cases where multiple parties share fault, California’s comparative negligence laws must be considered. The actions of the firearm carrier, victim, and other involved parties will be scrutinized, and liability may be apportioned based on each party’s level of fault or negligence. This can significantly impact the amount of compensation available to the injured party.

At SHK Law, we meticulously analyze these factors to build a strong case. Our team investigates every aspect of SB 2 compliance and liability to ensure our clients receive the representation they deserve.

Compensation Available for Victims Under SB 2

Victims affected by firearm-related incidents may be entitled to various forms of compensation.

Types of Compensation

• Medical Expenses: Including surgeries, rehabilitation, and long-term care.
• Lost Wages: Recovery for time missed at work due to injury.
• Pain and Suffering: Non-economic damages for emotional distress and trauma.
• Punitive Damages: In cases of gross negligence or willful misconduct.

How SB 2 Influences Your Claim

• Stronger Legal Standing: Violations of SB 2 can establish negligence per se, strengthening your case.
• Increased Accountability: Stricter laws may lead to higher liability for offenders, potentially resulting in larger settlements.

SHK Law’s Approach to SB 2 and Related Cases

At SHK Law, we stay ahead of legislative changes to provide top-tier representation for our clients in cases affected by SB 2.

Expert Legal Strategies

• Comprehensive Case Analysis: We investigate all aspects of your case, including SB 2 compliance, to strengthen your legal position.
• Trial-Ready Approach: Preparing every case as if it’s going to trial ensures we’re always one step ahead.
• Customized Legal Plans: We develop tailored strategies that consider the nuances of SB 2 and its impact on your situation.

Our trial-ready approach sets the stage for our team to negotiate from a position of power, often resulting in higher settlements and win rates. Our successful verdicts and results speak volumes:

• 50+ Combined Years of Experience
• 99% Success Rate
• Over $350 Million Secured for Our Clients
• No Upfront Costs: Free Consultation, Contingency-Based Fees

Client-Centered Focus

• Transparent Communication: We keep you informed every step of the way.
• Aggressive Advocacy: Our team fights tirelessly for the compensation you deserve.

Want to Find Out if You Have a Case?

Understanding your legal options is the first step toward recovery. Get a Free Case Evaluation Now. Our team is here to evaluate your situation and guide you through the process.

Ready to Discuss Your Case?

Call us at (818) 960-0011 now for immediate help. Our experts are available 24/7 to guide you through your legal options. 

Imagine being involved in a car accident on a busy Los Angeles freeway. An ambulance arrives, provides critical care, and rushes you to the nearest hospital. Weeks later, you’re blindsided by an astronomical ambulance bill not covered by your insurance—adding financial stress to your physical recovery. This scenario has been all too common for many Californians, causing hardship in households across the state. However, with the introduction of AB 716, California lawmakers are sounding the alarm on surprise ambulance bills, aiming to make them a thing of the past.

The passage of AB 716 addresses the long-standing issue of unexpected medical expenses from out-of-network ambulance services. While this is a significant step forward in muting the shock of surprise bills, understanding the connection of this new law to personal injury claims can be challenging. That’s where SHK Law comes in—with decades of experience, we specialize in helping clients understand and exercise their rights under California’s evolving legal landscape.

How AB 716 Intersects with Personal Injury Cases

AB 716 requires insurance companies to negotiate and settle payments with ambulance providers for out-of-network charges. This means that if you’re injured due to someone else’s negligence and require emergency transport, you’re less likely to face unexpected bills. However, personal injury cases often involve multiple parties and complex negotiations.

Understanding the New California Ambulance Law 2024

• Patient Protections: Patients are no longer liable for excess charges beyond their in-network cost-sharing amounts.
• Insurance Obligations: Insurers must directly negotiate with ambulance companies, streamlining the payment process.
• Impact on Personal Injury Claims: Reduced financial burden on victims allows for more focus on recovery and legal action against the responsible parties.

Learn more about our approach to auto accident cases at SHK Law.

Key Factors in AB 716 Personal Injury Claims in California

Several critical factors come into play when pursuing a personal injury claim under the new law.

Insurance Company Negotiations

• Out-of-Network Charges: How these are handled can affect the total compensation you may receive.
• Settlement Processes: Understanding the negotiation dynamics between insurers and ambulance providers is crucial.

Legal Representation

• Navigating Complexities: An experienced attorney can help interpret how AB 716 affects your case.
• Maximizing Compensation: Legal expertise ensures all avenues for compensation are fully explored.

Compensation Available for Victims Under AB 716

With the financial protections offered by AB 716, victims can pursue compensation more effectively.

Types of Compensation

• Medical Expenses: Coverage now includes negotiated ambulance costs.
• Lost Wages: Recovery for time missed at work due to injury.
• Pain and Suffering: Non-economic damages for emotional distress.

How AB 716 Enhances Your Claim

• Reduced Out-of-Pocket Costs: Less financial strain during recovery.
• Stronger Negotiating Position: Insurance companies are more accountable, benefiting your claim.

Ready to Discuss Your Case?

Understanding your legal options is the first step toward recovery. Our team is here to evaluate your situation and guide you through the process.

Get a Free Case Evaluation

Our trial-ready approach ensures we’re always one step ahead. By preparing to go to trial from the moment we start, we negotiate from a position of strength, often leading to much higher settlements and case results for our clients:

• 50+ Combined Years of Experience
• 99% Success Rate
• Over $350 Million Secured for Our Clients
• No Upfront Costs: Free Consultation, Contingency-based Fees

AB 716 is a significant step forward in protecting California patients from the shock of surprise ambulance bills. However, it’s crucial for individuals to understand their rights and options when facing unexpected medical expenses, especially in cases involving personal injury.

If you or a loved one has been injured due to someone else’s negligence, our experienced attorneys at SHK Law are here to help. Call us today at (818) 960-0011 for immediate assistance. Our team is available 24/7 to answer your questions, assess your case, and fight for the compensation you deserve.

In California, proving negligence requires a thorough understanding of the law and a strategic approach to evidence. Every personal injury case, regardless of its specifics, ultimately depends on the strength and quality of the proof presented.

SHK Law has a proven track record of successfully establishing negligence, resulting in over $350 million in compensation for our clients across California. Our record-breaking verdicts and settlements stem from our unparalleled ability to uncover, analyze, and compellingly present the critical facts that turn the tide in complex negligence cases. With a success rate of over 99% and numerous multi-million dollar outcomes, we’ve consistently demonstrated our expertise in building ironclad claims that deliver justice for our clients.

This comprehensive examination of California negligence law highlights the critical factors that can significantly impact your case. We break down the key elements of proving fault, detailing the specific types of documentation and testimony crucial for various personal injury matters, including motor vehicle accidents and premises liability issues. Our goal is to equip you with valuable insights into the personal injury claim process, empowering you with the knowledge needed to build a robust case and pursue the justice and compensation you rightfully deserve.

Five Moves to Checkmate: Winning Your California Negligence Case

In the high-stakes game of California negligence law, five strategic plays pave the way to victory. Each move demands irrefutable evidence to outmaneuver your opponent and secure a legal checkmate. We’ll analyze these vital strategies and the persuasive proof that fortifies your position, advancing your case from a precarious opening to a commanding endgame.

1. Establishing the Defendant’s Legal Duty

The foundation of any negligence claim is demonstrating that the defendant owed a legal duty to the plaintiff. This duty varies depending on the circumstances:

• In auto accident cases, drivers have a duty to follow traffic laws and operate their vehicles safely
• Property owners in premises liability cases must maintain safe conditions for visitors
• Employers are obligated to provide safe working environments in construction site injuries cases

Case Study: In our landmark $18.79 million verdict against a major fast-food chain, we successfully established their duty to maintain safe premises, which was pivotal to our win.

2. Proving Breach of Duty

Once the duty is established, we must demonstrate how the defendant failed to meet this obligation. Key evidence often includes:

• Dash cam, surveillance footage, and black box data in auto accident  cases
• Expert analysis of safety violations in commercial trucking accidents
• Eyewitness testimony in pedestrian accident cases
• Documentation of negligent practices in school injury claims
• Company policies and procedures in premises liability cases

Prompt and thorough documentation of the incident is crucial. At SHK Law, we ensure all critical evidence is preserved and presented effectively.

3. Demonstrating Causation

Proving that the defendant’s actions directly caused your injury is often the most challenging aspect of a negligence case. We collaborate with top experts to establish this crucial link:

• In product liability cases, we demonstrate how a faulty product directly led to your injury
• For workers’ compensation claims, we provide evidence that workplace conditions or incidents caused your harm
• In medical malpractice cases, we establish how a healthcare provider’s negligence resulted in patient injury

Our comprehensive approach ensures this complex element is handled precisely, regardless of the case specifics.

4. Quantifying Damages

At SHK Law, we meticulously document and demonstrate the full impact of your injuries to ensure fair compensation. This includes:

• Current and future medical expenses, crucial in cases like motorcycle accidents or dog bites
• Lost wages and diminished earning capacity, often seen in rideshare accident cases
• Pain and suffering, particularly relevant in traumatic incidents like fires or explosions where injuries are expected to cause lifelong pain, suffering, and/or a reduced quality of life 
• Property damage and other economic losses

Our dedicated team works to quantify all aspects of your damages, maximizing your potential compensation.

5. Anticipating and Countering Defense Strategies

We proactively prepare for common defense tactics, including:

• Contributory negligence claims in cases like boating accidents
• Assumption of risk defenses in e-scooter or e-bike accidents
• Pre-existing condition arguments in workplace injury cases

Our extensive experience allows us to anticipate and effectively counter these strategies, strengthening your case regardless of its complexity.

The SHK Law Advantage: Results That Speak Volumes

With over 50 years of combined experience, a 99% success rate, and more than $350 million secured for our clients, SHK Law stands as a leader in proving negligence and winning challenging cases in California.

Ready to Build Your Case?

Proving negligence in California demands the right strategy, resources, and expertise. SHK Law brings these elements together to fight for the compensation you deserve.

Contact us today at (818) 960-0011 for a free case evaluation. Let our experienced team guide you through these critical elements, ensuring your case is as strong as possible. With SHK Law, you’re not just getting legal representation – you’re gaining a powerful ally in your pursuit of justice and fair compensation.