When faced with a legal issue in California, an attorney will encourage a consultation, either by phone or in-person, not to convince you that you should sue but to ascertain the nature of the dispute and the strength of your position. To do so, the attorney must obtain necessary facts and evaluate whether it would be prudent and in your best interests to litigate the issue. If your case does not involve a criminal complaint against you, then you are most likely facing an issue that will be handled in a division of the civil courts.
Product liability issues relating to table saw injuries could rise as products designed to prevent injury become more prevalent. In California, according to California Civil Jury Instructions 1203, among the essential elements of a strict liability action (pdf) for harm by a product is whether the injury caused by a product's design was foreseeable or the result of intended use. As technologies are proven to be easily implemented without an unduly burdensome cost, it may be argued that failure to implement certain safety standards in their designs could open manufacturers to liability for design defects because a table saw cannot perform safely as would be expected by a consumer if it is likely to cause injury when used as intended. In other words, the absence of a safety component in a design could ultimately be considered a design defect. This is so because the benefits of a cheaper but more dangerous saw may not outweigh the risk of danger in that design.
While there are many civil litigation attorneys in California, there are certain qualities that distinguish a good attorney from a mediocre one. The lawyer that you hire will play a large role in determining whether or not you win your case. We at the Law Offices of Matthew C. Bishop have provided a guide to help you determine what traits to look for in an attorney.
"You can't fight city hall." What that well-known phrase is supposed to convey is the futility of going up against an entrenched government bureaucracy. Even if you have a solid case, navigating the system can leave you feeling like you're fighting a war with paper clips and a rubber band. Settling or just dropping the issue starts to look attractive.