Most people in California are familiar with the legal term “tort,” but according to our Stockton personal injury attorneys there is a good deal the public doesn’t understand about this expansive arena of law. Most often, public exposure to the concept of tort comes at statewide election time when the issue appears on voters’ ballots. Although the issue usually centers on limiting claims for damages, our Stockton liability and injury lawyers know that tort law covers a great deal of legal territory. Consequently, this blog will cover some of the issues involved in torts that our Stockton personal injury lawyers frequently deal with.
Tort law involves civil wrongs which our injury attorneys explain as the claims of one individual or group of people against another person or group. This differs from criminal trials in which the state (not the individual) brings the legal action to court in Stockton. A personal injury lawyer will represent a plaintiff who claims a civil wrong - harm or injury - has been done to him or her by a person or a group. Tort law, according to our Stockton personal injury attorneys, aims to levy punishment for a wrong, as well as to prevent future similar acts.
The dual purpose of tort law can be seen in current actions against car makers throughout the nation and in Stockton. Liability lawyers are representing plaintiffs harmed in car accidents due to faulty equipment – personal injury attorneys are mostly focused on defective airbags produced by the Takata Corporation. Throughout the past year, our Stockton personal injury attorneys have monitored lawsuits involving car makers such as Chevy, GM and others. At the present time, our injury attorneys say there are about several lawsuits pending (including a class action suit), mostly related to faulty airbags. Although a few cases have been settled out of court for monetary damages, several plaintiffs are pursuing trials for the preventative effect a guilty decision might have. Our Stockton Liability lawyers point out this dual-effect is inherent in tort law – one purpose to punish and the other to prevent further harmful acts. In court, personal injury attorneys can further request from the judge an injunction to prevent the company (or individual) from future similar actions. For example, the plaintiff’s liability attorney may ask the court to prohibit the use of airbags purchased from a maker ruled liable for injury. Lawyers at Sette Law closely follow developments of these civil action suits related to defective airbags.
It’s also important to know that in cases such as those just outlined, liability attorneys representing the plaintiff can also extend responsibility (liability) to the entire manufacturing, marketing and sales chain. That means Takata itself can be held liable all the way through to the dealership selling the vehicle in Stockton.
Liability Attorneys contend with Inconsistent Statutes
Our Stockton personal injury attorneys admit that tort law is pretty complicated, in part, because there is no overall federal products liability law. Instead, individual states create liability statutes, so a Stockton liability lawyer must be acquainted with differing laws from one state to the next. To mitigate the lack of overarching tort law, the U.S. Department of Commerce issued its own statutes, known as MULPA (Model Uniform products Liability Act). Stockton personal injury attorneys say there is no requirement to reference MULPA in court actions and state use of these statutes is purely voluntary.
Getting into more detail, our Stockton personal injury lawyers explain that the category of products liability has three distinct areas: strict liability, negligent, and intentional torts. Strict liability is the action our Stockton injury lawyers deal with most. In the case of Takata, for instance, the company may have demonstrated adequate “care” in manufacturing airbags and still be held liable for death and injury. Our personal injury lawyers theorize that this element of products liability will apply in the Takata actions.
Moving on, injury lawyers explain that negligent torts involve someone who does not show “care” and causes harm. Say a drunk driver gets behind the wheel and hits a bicyclist on a roadway in Stockton. Liability lawyers will establish the driver’s intoxicated condition shows he failed to demonstrate required care and was therefore negligent.
Next, our Stockton injury lawyers deal with intentional torts in which an individual causes harm to another through physical assault or some active intent to cause harm. Liability lawyers must prove the action was, indeed, intentional. Intentional tort circumstances may include trespassing, intent to exert emotional distress, false imprisonment. Stockton injury lawyers may also represent people involved in defamation and the invasion of privacy, among other acts, under the title of intentional tort law.
Our Stockton personal injury attorneys and lawyers across the nation, have access to the American Law Institute, commonly referred to as the ALA. This organization is a collection of about 4,000 legal experts who produce the “Restatement of Torts,” a reference publication that clarifies and updates the application of law throughout the United States. Our Stockton liability lawyers can leverage the work of these scholars as circumstance arise for our clients in Stockton.
Liability Attorneys contend with Tort Complexities
Personal injury lawyers are keenly aware of the complexities of liability and tort law and, with many years of study and experience behind us, want to help clients better understand how we may assist them in tort cases in Stockton. Our liability attorneys take on the responsibility of staying informed about changing interpretation of law based on cases across the county. At the same time, injury lawyers feel obligated to inform clients about rulings and opinions that may affect their case in Stockton. Personal injury attorneys know that tort law offers opportunity to victims who, through no fault of their own, are injured due to the negligence, intention or actions of others. In addition, our Stockton liability lawyers get satisfaction from knowing that some tort cases have national implications that can save lives. From cities like Stockton, personal injury attorneys can highlight wrongs that, without tort law, could continue to cause injury and even death. Many injury lawyers believe the current actions highlighting auto makers and the Takata Corporation may be just such an instance of tort law opening the door for greater scrutiny of quality in automobile safety equipment.