San Jose, California Personal Injury Blog

The tragedies occur far too often: children and others are mauled in California by dogs. Some victims suffer terrible wounds, while others are killed in the attacks. According to California law, in all cases, the owners have strict liability for the damages inflicted by dog bites.

In Concord, three pit bulls attacked a two-year-old boy inside his step-grandfather's garage. The boy died from the wounds and the grandfather was arrested on charges of child endangerment and possessing a mischievous animal that causes death or great bodily injury.

Sitting in jail, an emotional Steven Hayashi told CBS 5 TV, "My life is ruined." He said he wished he had listened to his wife, who had urged him to get rid of the dogs.

In 2009, Congress proposed legislation to amend the Medical Device Act of 1976 by enhancing the safety requirements for medical devices. The bill was titled the Medical Device Safety Act of 2009. The amendment came in response to the 2008 Supreme Court decision in Riegel v. Medtronic, which limited state-law claims against medical device manufacturers that have complied with the U.S. Food and Drug Administration's (FDA) strict pre-market approval requirements. While the proposed amendments may be well intentioned, the Act has failed to move beyond committee and public debate.

Medical devices, from catheters to heart valves, have made it possible for many people to have better, richer lives. But even with strict compliance with FDA standards, such devices can result in and have caused injuries. An Evergreen balloon catheter was at the center of the Riegel v. Medtronic matter. The Supreme Court found that, when a company had complied with the FDA's exhaustive inspection and the FDA deemed a product safe, medical device manufacturers were immune from liability under state tort laws. As a result of the Supreme Court's decision, thousands of state actions related to medical device injuries, including those linked to defective defibrillators, were dismissed, and injured people or their families had no remedy under the law to seek compensation or damages.

Since the decision, Congress has sought to restore the ability of injured patients to bring claims against the manufacturers of defective medical devices; however, opponents of the Act argue that amending the law would curb innovation in the medical field and increase medical care costs.

Despite the delays in Congress, the Supreme Court continues to address the issue of preemption. In a 2009 decision in Wyeth v. Levine, the Supreme Court found that premarketing approval by the FDA did not prevent injured patients from suing pharmaceutical companies. The court, while not distinguishing medical devices in its opinion, did find that state tort liability actions offer consumers remedies against drug hazards and that Congress had not intended FDA regulations to preempt state laws regarding damage claims.

In the face of health care and medical malpractice liability reform, the Medical Device Safety Act of 2009 may gain more support and renewed interest in Congress. While the act may restore consumers' abilities to bring state claims for injuries, it may also test the court's and manufacturers' interpretations of federal safety regulations.

Many major accidents involving financial claims, injuries and fatalities are subject to scrutiny by experts who specialize in accident reconstruction. Relying on various forms of forensic evidence, investigators try to piece together the details of what occurred by reconstructing the accident scene itself. While most people are aware of accident reconstruction involving motor vehicles, there are also experts who specialize in accidents involving bicycles.

Motorists often share the road with bicycles, and many of the traffic accidents that result in serious injuries involve both cars and bikes. According to the Bicycle Helmet Safety Institute, deaths of bicyclists represented 2 percent of all traffic fatalities in the U.S. in 2008.

Meticulous Reconstruction Experts for Cars and Bikes

Alex LaRiviere appreciates that fact better than most. If your bicycle is ever involved in a major accident, there's a chance that it will eventually end up being investigated by LaRiviere, an expert in bicycle-accident reconstruction.

According to the San Jose Mercury News, for 20 years, LaRiviere has examined damaged bicycles, sometimes spending countless hours going over what may seem like nothing more than innocuous scrapes in an effort to figure out how they got there. LaRiviere's work demonstrates the lengths to which meticulous investigators may go in order to reconstruct an accident. Though LaRiviere is not an expert in motor vehicle crashes, there are many with his level of experience, expertise and passion who are just as capable of pinpointing the causes of virtually any kind of accident involving cars.

Whether investigators are working on behalf of police agencies, insurance companies or attorneys, they often rely on accident photos, police reports, as well as any video that might be available.

When investigators are reconstructing an accident scene they typically center on the point of impact, which can often be determined by analyzing tire marks. Beyond the specific kinds of damage inflicted on the vehicles involved, conditions such as lighting and weather are also considered, as well as traffic signs and signals.

Though creating a layout of the scene of the accident based on physical evidence is fundamental to the reconstruction process, such evidence is weighed against eyewitness testimony and the personal driving histories of the individuals involved. All things being equal, the version of events of the driver with the better record is more likely to be believed. It is important to take all of these factors into account if you are considering or preparing a legal case involving a traffic accident.

Speak to an Experienced Personal Injury Attorney

Personal injury claims involving reconstruction experts can be complex and time consuming. It is important to seek the assistance of an attorney that has experience in working with these types of cases. The attorney's at Corsiglia McMahon & Allard are skilled and knowledgeable in personal injury matters and can assist you in your claim to seek compensation for the losses you have suffered.

When children find a passion to devote their life dreams to, it is truly a special moment of self-discovery. Parents find pride in their children's newfound devotion and do what they can to help them succeed. Parental support means entrusting children in the care of certain teachers, mentors and coaches who have the ability to turn them into the expert musicians, artists or athletes they aspire to be.