Many households are still unaware of the possible dangers they are facing in utilizing substandard products. According to the accounts of the U.S. Consumer Product Safety Commission, more than 20,000 people die and almost 30 million are being injured annually due to defective products. Majority of these cases resulted into filing of product liability claims in order to recover damages and suitable reimbursements for the victims' losses and expenses.

Defects may occur in any products made by manufacturers or producers. These may vary from simple flaw in constructing a chair to error in creating an electronic appliance that made it explode after some time of usage.

However, product liability laws may cover not all injuries resulting from using a product. For instance, mishandling or improper use of such product may impede a victim from getting his compensation.

Types of product defects
Product defects may be categorized depending on what phase of manufacturing or handling does an item has acquired such deficiency.


Design defects - occur even before a product has been created or in the planning stage. Usually, this type of defects arises due the manufacturer's objective to develop a product, which is more appealing to the eyes of the consumers so that they will more likely buy the product. Consequently, some safety standards are being disregarded in the design.


Manufacturing defects - occur in the actual stages of product assembly or production. Whether a product design is being done manually or machine aided, problems and mistakes cannot be completely avoided.

This is the reason why product testing is always necessary for manufacturing companies to ensure that all their items passed under a strict safety standards. Failure to implement such may result to more troubles if the government has issued a recall order.


Marketing defects - occur in the stage of selling or distributing the products. Even though a particular item has been proven free of any manufacturing defects, improper delivery or handling may damage the products. This specific mistake is under the responsibility of the distributor or the seller of the goods.

Legal actions
The product liability laws guarantee protection for the consumers who have been injured or died from an accident resulting in the utilization of a reasonably dangerous product. These give them the right to file their lawsuits against the company, wholesalers or retailers that manufactured or distributed it, depending on the type of defects seen on the product.

If the victims succeeded in proving that the product defects was indeed the cause of their injuries, they are eligible to receive the following compensations:


cost of medical treatment and rehabilitation
lost wages
damage to property
pain and suffering
mental and emotional distress
all other losses and expenses brought about by the injury

Nonetheless, since the actual filing of a product liability claim involves many complicated matters, it is always advisable to hire the assistance of a qualified personal injury lawyer who has the expertise in handling this particular type of case. Doing this will ensure that all the victim's rights will be properly defended and even increase the possibility of gaining a successful case verdict.

By: Rainier Policarpio
Be more informed about filing a Product Liability Claim with the help of Los Angeles Personal Injury Attorneys.

Submitted by:
Tom Reynolds
Law Articles

The Hiring Procedures

Employers do have their prerogatives to hire only the most qualified job applicants for a particular position in their companies. However, as the federal law provides, it is definitely prohibited for them to make their decisions based on the traits and personality of an applicant that are not related in the job position. The labor law provisions forbid employers to discriminate their employers according to their:

Race

Gender

Age

Marital status

Nationality

Religious affiliation

Disability

In addition, it is unlawful for a company interviewer to ask questions in relation with the applicant's marriage plans, number of children, sexual orientation and even his place of birth.

All the questions should be pointing to the applicant's capability and skills such as his former work and educational background, if applicable. Yet, in some cases, the interviewer may also determine whether the applicant has been convicted in any crime.

The Actual Employment

In California, workers are guaranteed of the following rights and protections:

It is the obligation of the employers to provide a safe and protected workplace for their employees. Hence, any injuries and harms incurred by their employees due to the presence of hazards in the workplace might considered as their fault and might result to lawsuits filed by the affected employees.

All employees are entitled of worker's compensation if ever they have died or sustained injuries in any accident involvement that are related to work. This is without even resulting to the filing of formal cases in court. The amount of remuneration would be based on the extent of the damage - whether partial or total, temporary or permanent.

Employers, along with other co-employees, are not supposed to perform unwelcome sexual advances in whatever form. Generally, women workers are the target of these malicious conducts.

However, some reports stated the occurrences wherein men have been the victims of sexual harassments.

Similarly, the employees are also protected against discriminative actions based on the classes stated in the hiring procedures. These include promotions, task assignments, wages and benefits, terminations, etc.

Therefore, it is indeed wrongful to terminate an employee without any valid reasons such as contract violations and poor job performance. All employers must also follow due process in discharging their workers.

Employees also have the privilege to utilize their 12 weeks of unpaid leave for the reasons stated in the Family and Medical Leave Act.

Filing a Lawsuit

For any of the aforementioned reasons an employee's rights has been violated, he is very much eligible to file his lawsuit against his ill-mannered employer.

However, due to the many intricate law provisions and procedures involved in pursuing a case, it would be advisable for him to consult a qualified California employment lawyer before proceeding with his case. This is also to make sure that his employer would not perform any acts of retaliation against him.

By: Rainier Policarpio
For more information about employees' legal protection in California, consult with reliable California Employment Lawyer.

Submitted by:
George Snedrow
Free Reverse Directory

1. The Probate Process. Probate is the process by which the Probate Court handles a deceased person's estate if there is no _trust_; it applies if there is a will only, or if there is no will. (One of the primary reasons for having a trust is to distribute the estate without having to go through probate.) Essentially a probate petition is filed with the Court, creditors are notified, the personal representative lists all of the estates assets and liabilities, a probate referee appraises the assets, any disputes relating to the estate are settled, a final accounting is made, the creditors are paid and then the remainder is paid to the beneficiaries.

a. Time. Probate often takes 8 to 10 months, although it can take even longer. During that time, if the family needs money from the estate, a motion has to be brought and a court order obtained.

b. Terminology. The person handling the estate is called the "executor" if there is a will or the "administrator" if there is no will or no executor is named in the will. "Personal representative" or "estate representative" (or just "representative") refers to either an executor or an administrator.

2. Exceptions to Probate.

a. Trusts. No probate is required if the estate is primarily owned by a trust. Note, though, that in this case if the trust owns real estate one or more filings often need to be made with the county recorders office to remove the deceased's name from the title. If more than $100,000 in gross assets (with certain exceptions, discussed below) are outside the trust, though, then probate may still be needed.

b. Where All Property Goes to the Spouse. If there is no trust covering the property, then it may be possible to file only a spousal petition (versus going through a full-blown probate) if the surviving spouse has 100% unqualified ownership of the real property (meaning there are no co-owners, it is not merely a life-estate, etc.). Usually this requires either a will giving 100% of the property to the surviving spouse and/or the title to any property having been held by the spouses in joint tenancy (with right of survivorship) or community property with right of survivorship. If this is not the case, then a probate is almost always required.

c. Estates Worth Less Than $100,000. If, though, the gross value of the estate is $100,000 or less (without subtracting any liens, debts, deeds of trust, etc.), there are simple procedures for distributing an estate without using formal probate proceedings. Certain items are excluded from the calculation of the $100,000. Some of these are:

i. Joint tenancy property (real or personal);

ii. Community property with right of survivorship;

iii. Half of all other community property;

iv. Life insurance and death benefits (assuming that beneficiaries are named);

v. Real property outside of California;

vi. Any motor vehicles.

vii. Multiple party accounts.

d. Where Probate May Still Be Advisable. Even in these cases, probate still may be appropriate, though, if there are strained family relations, complex investments, large or complex claims by creditors, or an interest in a good-sized business.

3. Estates Where There Is No Will. Where the decedent died intestate (without a will), California law generally distributes the estate as follows:

a. If there is a surviving spouse, that spouse receives:

i. All community property.

ii. As to the decedent's separate property (if any):

(1) All of it if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.

(2) One half if the decedent has only one child or has one deceased child with issue.

(3) One half if the decedent leaves no issue but leaves a parent or parents - or leaves their issue or the issue of either of them.

(4) One-third if the decedent leaves more than one child, leaves one child and the issue of one or more deceased children, or leaves issue of two or more deceased children.

b. The rest goes first to the decedent's surviving children or, if any of them are deceased, to the children's surviving issue.

c. If the decedent has no surviving children or deceased children with surviving issue, the rest goes to:

i. The decedent's parents, if living.

ii. The decedent's brothers and sisters (or their issue if any of them are deceased).

4. Attorney and Executor Fees.

a. Attorneys' fees for handling a probate are set by California statute and are based on the gross estate, meaning that there is no subtraction for any liens, debts, deeds of trust, etc.

i. The amount is based on a sliding percentage as follows:

(1) Four percent on the first one hundred thousand dollars ($100,000).

(2) Three percent on the next one hundred thousand dollars ($100,000).

(3) Two percent on the next eight hundred thousand dollars ($800,000).

(4) One percent on the next nine million dollars ($9,000,000).

(5) One-half of 1 percent on the next fifteen million dollars ($15,000,000).

(6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

ii. For example, if the estate is a house worth $700,000, then the probate fees for the attorney will be $17,000 ($4,000 + $3,000 + $10,000) - regardless of the size of any loans against the property.

iii. If extraordinary services are required, the attorney may be able to recover additional amounts.

iv. This, of course, is a major reason for having a trust so that the estate can be distributed without having to go through probate.

b. The executor of a will is also entitled to the same amount of statutory fees unless the will does no allow them, although the executor can waive those fees if he/she wishes (and family members often do).

5. Bonds. Generally, unless there is a will that designates an executor and waives the bond, the personal representative must post a bond to guarantee that he/she will fulfill his/her duties.

a. If the person is out of state, the Court will generally require a bond even if the will waives it.

b. Even if the will does not waive the bond, if all interested parties request in writing that the bond be waived and the written waivers are attached to the petition, the bond will usually be waived.

c. In estates that require a bond, the Court will generally set the bond equal to the amount of the equity in the property plus the value of the personal property, plus twice the value of the annual income from all estate property.

d. The premium for the bond is often approximately one percent (1%) of this total. Note that most bonding companies will not issue a bond if the personal representative is not formally represented by an attorney.

6. Inventory and Appraisal. One of the first things that the personal representative does is file an inventory with the Court of all the assets of the estate that are covered by the probate. Assets that are not subject to probate (for example, joint-tenancy property with right of survivorship) are not listed.

a. Generally at the beginning of the probate a probate referee is also appointed to make an appraisal of the estate assets. While it is possible to seek a waiver from the Court of the appraisal by the probate referee, good cause must be shown (such as the only items in the estate are the deceased's personal effects, which are minimal, and one piece of real property that has recently been independently appraised).

b. Often the personal representative sends a letter to the probate referee with basic facts regarding each major asset in order to avoid delay and mistakes.

c. The probate referee is compensated by a commission of 1/10 of 1 percent of the total value of the assets appraised, with a minimum fee of $75 and a maximum fee of $10,000. If the reasonable value of the referee's services is more, the referee can petition for a higher amount.

7. Notifying Creditors and Dealing With Creditor Claims.

a. Newspaper Publication of the Petition for Probate. The notice of the petition to administer the estate must be published in a newspaper. In many cases the newspaper can be a free weekly advertising publication. Proof of the publication must be filed with the Court before the hearing on the petition for probate is held

b. Notice to Specific Creditors. The personal representative must give notice directly to reasonably ascertainable creditors before the later of i) four months after the date of issuance of the "letters" appointing the representative or ii) 30 days after the personal representative first becomes aware of the creditor. Proof of the notice to each creditor must be filed with the Court.

c. Time Limits for Creditors to File Claims. Each creditor must file a claim. The general rule is that a creditor's claim is barred if it is not filed by the later of i) four months after issuance of the "letters" appointing the personal representative or ii) 60 days after the date that specific notice is given to that creditor. Creditors must file their claims with the Court and serve a copy on the personal representative.

i. In addition, all creditor lawsuits must be commenced within one year after the date of death. This deadline is extended, though, if the creditor files a timely claim and in certain other limited situations.

d. Allowance and Rejection of Claims. The personal representative must file and serve any allowance or rejection of a claim.

i. If a claim is rejected, the creditor must bring a lawsuit in the proper court within three months of the date of service of the notice of rejection (or within three months after the claim becomes due, if that is later) or the claim is barred. If suit is brought, the plaintiff must notify the personal representative.

ii. If the personal representative does not reject a claim within 30 days after the claim is filed, the claimant may deem the claim rejected and file a lawsuit. The estate cannot be closed while there are unresolved filed claims, so some creditors are content to wait for an eventual approval by the personal representative.

iii. The personal representative and the claimant may agree in writing that to refer the claim to a temporary judge. The hearing on the claim is then heard without pleadings, discovery or jury and the determination has the effect of a judgment.

8. Sales of Real Estate and the Independent Administration of Estates Act. Selling real estate is often the biggest job that a personal representative has.

a. With one exception, if the personal representative (executor) wishes to sell real property that is part of the probate estate, the property can only be sold with Court approval and notice to those who have an interest in the property - and the sales price must be for at least 90% of the appraised value.

b. The one exception is where the personal representative has been given authority to act under the Independent Administration of Estates Act (IAEA) and the property is not being purchased by the personal representative or his/her attorney. In that situation the "at least 90%" rule and the requirement that the personal representative "obtain the highest and best price for the property reasonably attainable" do not apply .

i. The request for authority under the IAEA may be made at any time, though this is usually done as part of the initial petition for probate.

ii. Any interested party can object to the grant of authority, although the Court must grant the authority unless an objecting party can show good cause.

iii. In any case, the personal representative must give notice of the sale to all affected parties. The notice must include all material terms of the transaction, including the sales price and the amount of any commission. Notice need not be given if all interested parties may sign a waiver of notice or a consent to the request for authority.

c. With a sale of one to four units of owner-occupied property located in California where a loan secured by the property is in default, the sale agreement must comply with California's relatively intricate pre-foreclosure sale statutes. To be safe, anyone indicated in any will as receiving an interest in the property, any surviving spouse and anyone receiving an interest under the intestacy laws (if there is no will) should be considered an owner.

9. Account, Report and Petition for Distribution. The personal representative must file the final accounting, a report and a petition for distribution when there are sufficient funds to pay all debts, the time for filing creditors' claims has expired, and the estate is ready to be closed.

a. The requirement of filing an accounting (though not the report or petition for distribution) can be waived if all person entitle to any distribution from the estate sign and file a written waiver or a written acknowledgment of receipt of their share of the estate.

b. With the accounting, the representative accounts for the financial transactions that have happened since his/her appointment (or since the last account, if an account has been filed with the court previously).

c. The representative also must file a report on matters that are not self-explanatory from the exhibits. This includes actions taken under the Independent Administration of Estates Act.

d. Finally, the representative petitions for approval of the accounting, approval of his/her acts, compensation for the attorney and the representative (if allowed) and distribution of the estate.

By: Bruce Methven
Methven & Associates
2232 Sixth Street Berkeley, CA 94710-2219
Phone: (510) 649-4019 Fax: (510) 649-4024
E-mail: admin@methvenlaw.com
Web site: http://www.methvenlaw.com
Copyright 2001-2003 Bruce E. Methven. All Rights Reserved.

In our daily lives, we are always prone to unexpected occurrences, for example, accidents in the roads and in public places. While a few may say, they are lucky to be left untouched by an incident, physically and emotionally, many of these accidents result to personal injuries varying from simple to severe, catastrophic to fatal.

Let us say you were in California and were involved in a car accident, you may suffer not only physical and emotional injuries but also damages to property. Likewise, you may also experience this if you fall victim to accidents in public and work places and even your very home!

Carelessness or malpractice of health/medical service provider, lawyers and other professional service providers can also result to inflicting you with injuries.

When you become a victim of a wrongful or negligent act committed by another person or entity and resulted to injuries and property damages, you have to assert for your rights to recover damages.

California based personal injury lawyers who are experts in handling claims will be your ally in this matter.

Evaluation of your personal injury claim

Your personal injury lawyer will review the facts of the case in order to determine whether it has been another person or entity's wrongful act, which caused your injuries and losses. He or she will assess whether you have the elements of a personal injury claim or not.

Wrongful conduct has three facets:

1. Negligence – this is the most usual starting point in recovering for injuries and losses caused by an accident. According to a rule of law in the principles of personal injury, individuals are liable for each of their careless acts.

2. Intentional misconduct – recovering for damages caused by intentional misconduct may come about when someone hurts you or damages your property intentionally.

3. Strict Liability – companies and individuals could be liable for damages based on the policies of strict liability if they committed activities that are dangerous and detrimental to the well-being of other persons. Conduct of bomb testing, manufacture of potentially dangerous or defective products is an example of circumstances involving strict liability.

The value of your personal injury claim

A highly skilled lawyer who has already attained quite a lengthy experience in handling personal injury claims can give you an estimation of what your claim would be worth. Here are the following compensations you may be entitled to receive:

- Medical treatment of injuries / continuous therapy for trauma
- Lost wages and future earnings if you will be unable to take up your old job in the aftermath of the injury
- Cost of replacing and repairing damaged properties

Other compensation that may given an estimation of monetary value:

- pain and suffering
- physical handicap or disfigurement
- embarrassment
- loss of enjoyment in life
- other such psychological injuries

Sources of compensation

The personal injury claim would not be worth it if the person who had been liable for the injuries sustained becomes unable to pay for the damages. The personal injury lawyer has the responsibility to identify the insurance and assets available that can compensate the damages caused by the injuries.

In processing personal injury law claims in California and elsewhere, it is the responsibility of the one filing the claim to provide sufficient proof of the liability of the defendant. Thus, the personal injury lawyer must be systematic and organized during the procedure of obtaining your medical records of your injuries, police reports of the accident, interviewing witnesses, and acquiring other pertinent information in proving the claim.

Settling your claim and recovering satisfactory compensation without having the case progress into a lawsuit is a successful enough feat for any injury attorney.

By: Carla C. Ballatan
Our Los Angeles personal injury claim attorneys are experts concerning the processing of clients' California personal injury claims.