holiday safety - Walton Law Firm

Liability for Holiday Injuries in Carlsbad

North County Injury Lawyers — Fri, 11 Nov 2022 22:14:54 GMT

The holiday season is approaching, which means that certain types of injury risks will increase in Carlsbad and throughout Southern California. While the holiday season brings an opportunity for recreational activities and gatherings with friends and family, various aspects of the holiday season also bring safety hazards. Who is liable for holiday injuries, and how can you seek compensation after an accident? Our Carlsbad personal injury lawyers can provide you with the information you need.

Wide Range of Accidents and Injuries Occur During the Holidays

A wide range of accidents and injuries result from holiday activities and excursions. According to the Electrical Safety Foundation International (ESFI), nearly 6,000 people require treatment in emergency departments each year for injuries resulting from falls while hanging holiday decorations. That number rises when you take into account holiday travel and motor vehicle collisions, home fires and burn injuries, and product defect injuries. The following are some of the more common causes of holiday injuries each year:

Falls from hanging decorations;
Burn injuries caused by cooking fires, heating fires, and electrical fires;
Motor vehicle accidents during holiday travel caused by negligent motorists; and
Toy injuries and other product defect injuries.

Liability Will Depend on the Circumstances of the Injury

Who is liable for the types of injuries cited above? Liability will depend on the circumstances of the accident and injury. For example, with fires and burn injuries caused by kitchen appliances, the maker or retailer of the product could be liable if a defect resulted in the injury. Similarly, burn or electrical injuries caused by defective holiday lights could result in the product designer or manufacturer, or the marketer or retailer of the lights, being liable for injuries. As we noted above, many injuries during the holiday season also result from falls, especially while hanging holiday decorations. In situations where a fall resulted from a defective ladder or misleading safety instructions, the injured party could be eligible to file a product defect claim.

Many holiday injuries also result from traffic collisions, and multiple parties could be liable. The negligent driver who caused the accident could bear responsibility, as could other parties, such as the owner of the premises where the crash occurred or the party responsible for maintaining the vehicle.

How Comparative Fault Can Affect a Holiday Injury Claim

What should you do if you believe your own negligence played a role in causing the accident in which you were injured? California uses what is known as a pure comparative fault system. Accordingly, under California law, you should still file a claim even if you believe you are partially at fault because you could still recover damages. Indeed, a plaintiff can recover damages whether they are minimally or significantly at fault — up to 99% at fault. The plaintiff will recover damages, but the plaintiff’s damages award will be diminished by their portion of fault.

Contact a Carlsbad Personal Injury Attorney Today

Were you injured in a holiday accident, or was a loved one injured or killed? It is essential to get in touch with one of our experienced Carlsbad personal injury lawyers to learn more about filing a claim for compensation. Contact the Walton Law Firm today to discuss liability and how you may be able to file a claim against an at-fault party in Southern California.

Driving Safety During the Holidays

North County Injury Lawyers — Sat, 27 Nov 2021 02:56:24 GMT

Although inclement weather is not a problem during the holiday season in Escondido the way it is in other parts of the country, many Southern California residents travel north for the holidays where inclement weather can make driving conditions significantly more hazardous. Yet even if you remain in San Diego County this holiday season, it is important to know that many more vehicles are likely to be on the road, increasing the risk of a motor vehicle collision. What can you do to avoid a serious car crash during the holidays? Our experienced Escondido car accident lawyers can help.

Do Not Engage in Distracted Driving Behaviors

Distracted driving is a leading cause of motor vehicle collisions and deaths in California and across the country. During the holiday season, more vehicles are traveling on California freeways, and roads are congested. With more drivers on the road, the risk of a motor vehicle collision increases, especially if you are not paying attention to your surroundings. Avoid all distractions, from talking or texting on a smartphone to eating in the car or inputting a new address into your GPS. Avoiding distractions can reduce the likelihood that you will be involved in a collision.

Recognizing Aggressive Driving Dangers

Tensions are often running high during the holiday season, and many motorists on the road can become agitated. In extreme cases, aggressive driving behaviors such as tailgating can lead to serious road rage incidents. If you recognize the dangers of aggressive driving and road rage this holiday season, and you do your best to stay calm behind the wheel and to avoid any kind of confrontation with another driver, you might prevent an accident or intentional injury.

Get Enough Sleep Before You Travel

Traveling on too little sleep can be deadly, especially if you are planning for a long-distance trip this holiday season. Before you get behind the wheel, ensure that you have gotten enough rest and that you have a plan to take rest breaks while you are on the road.

Avoid Drinking and Driving

Regardless of inclement weather during the holidays, alcohol consumption is a common cause of holiday season collisions according to the U.S. Centers for Disease Control and Prevention (CDC). The CDC notes that alcohol-impaired driving contributes to more than 10,000 traffic deaths every year, and these collisions are entirely preventable. Whether you are driving home from a restaurant or bar, or you are at a holiday party celebrating with co-workers or friends, it is essential to make alternate plans for getting home if you are planning to consume alcohol. Consider having a designated driver or calling a rideshare service like Uber or Lyft to get you home safely.

Contact a Car Accident Lawyer in Escondido

If you or someone you love was injured recently in a car accident in Southern California, you should seek advice about filing a claim for financial compensation. One of our Escondido car accident attorneys can assess your case for you today. Contact the Walton Law Firm to learn more about how we can assist you.

Preventing Holiday Home Fires in Riverside County

North County Injury Lawyers — Fri, 09 Dec 2016 19:41:06 GMT

This holiday season in Riverside County and throughout Southern California, it is important for families to be aware of steps they can take to prevent house fires and burn injuries. From outdoor lights to cooking to Christmas trees, there are many activities that Southern California families enjoy that actually can pose serious risks of fires and burn injuries. According to a fact sheet from the American Red Cross, almost 47,000 house fires occur during the winter holiday season each year, and they result in approximately 2,200 injuries and 500 fatalities annually. In addition to severe and life-threatening burn injuries, holiday home fires also cause approximately $554 million in property damage.

What do you need to know in order to keep your home and your family free from a holiday home fire and serious burn injuries?

Being Careful with Christmas Trees

One of the most important ways of avoiding a home fire is by paying attention to safety tips concerning Christmas trees. As the American Red Cross fact sheet clarifies, it is extremely important to keep Christmas trees—both artificial and live—at least three feet away from sources of heat, including space heaters, radiators, heating vents, fireplaces, and candles. Although most Southern California winters do not require substantial heating of homes, many families in San Diego enjoy fires in the fireplace in the evening, and lighting candles for the pleasant aroma.

In addition to keeping Christmas trees away from heat sources, there are numerous other ways to avoid fires and burn injuries linked to trees. For instance, if you purchase an artificial tree, be sure that you buy one that is fire resistant or flame retardant. If you decide to buy a live tree, it is important to ensure that the tree is relatively fresh and healthy when you take it home. You should run your hand along the branches, and if needles fall off, the tree might be too dry to hold lights. Similarly, if the tree loses a lot of needles when you shake it or set it down, it is likely too dried out to be safe for your house. When you do buy a fresh, green tree, it is thus necessary to keep it as moist as possible. You should water it daily to prevent unnecessary drying. When Christmas trees get too dry, the warm lights can start a fire.

Taking Safety Steps When You are Cooking for the Holidays

Whether you are cooking or baking this holiday season, it is important to be aware of burn injuries associated with the kitchen. As a fact sheet from the National Safety Council (NSC) explains, turkey fryers are among the most dangerous cooking tools during the holiday season. According to that fact sheet, the Consumer Product Safety Commission (CPSC) has identified nearly 170 turkey-fryer fires since 2002, which have resulting in burn injuries and other serious harms. In total, 672 people have sustained injuries as a result of using turkey fryers. If you do decide to deep-fry a turkey at Thanksgiving or for another holiday dinner, it is important to set up the fryer at least 10 feet from your home and to ensure that the fryer is on flat ground where the oil can remain steady.

For other cooking and baking activities, a safety tip sheet from the National Fire Protection Association (NFPA) emphasizes that you should always remain in the kitchen when you have food cooking on the stovetop, and you should ensure that all handles face inward to prevent a child from reaching up and grabbing a scalding pan. You should also always keep a fire extinguisher nearby, regardless of the time of year, to extinguish a kitchen fire as quickly as possible.

If you or someone you love recently suffered a burn injury, you may be able to file a claim. An aggressive Riverside County burn injury lawyer can assist you. Contact the Walton Law Firm today.

(image courtesy of MarcusObal)