At Sette Law Office in Folsom 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 Folsom 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 Folsom 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 Folsom personal injury lawyers, is both punitive as well as preventative. For example, a liability attorney may sue a car maker 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 causes 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 Folsom

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 products liability, since our Folsom 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 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, Folsom 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 Folsom .

Personal injury lawyers further explain that products 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 Folsom personal injury attorney. With no overarching federal law on products liability, states have created liability statutes which inspired the U.S. Dept. of Commerce to issue a Model Uniform Products Liability Act (MUPLA). Our Folsom liability attorneys explain that 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 products liability, according to Folsom 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 cause personal injury or death, the defendant will still be responsible, despite demonstrating care. Our Folsom 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 Folsom . 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 Folsom . 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 invasion of privacy, defamation and other acts.

Although our Folsom personal injury lawyer are 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 Folsom 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.

Folsom Liability Attorneys face Patchwork of Tort Statutes

Our Folsom personal injury lawyer acknowledges the challenges of the administration of justice in a fundamentally consistent manner. With variation 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 Folsom personal injury attorney. Their work helps to keep the understanding and application of justice under the law more consistent throughout the nation and in Folsom .

Naturally, personal injury lawyers do not expect plaintiffs to understand the many nuances of tort law – that is our job as a Folsom liability and personal injurys attorney. But we feel that being educated and informed helps our clients to better understand the work we do for them in Folsom . 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 Folsom liability attorneys know that laws are dynamic and are constantly being tested. While representing our clients in Folsom our personal injury lawyer must be aware nationwide developments that can impact our approach to local jurisprudence.