Personal Injury Law: The Lesser-Known Problems

In personal injury law, cases associated with car accidents, medical malpractice, and product liability are prevalent. The courts handle these cases more than many other types of matters. However, other types of cases don’t receive the same attention or notoriety because they are less common, though no less significant.

You should recognize some of the other areas of personal injury law that may allow you to take legal action against a negligent party. Before you go through the motions of filing a claim, though, you should know what these lesser-known issues are, how they occur, and what to do next.

Some of the lesser-known problems include:

• Carbon monoxide poisoning
• Dog bites
• Complex regional pain syndrome

These three issues can lead to long-term or even fatal injuries for anyone who suffers due to the negligence of another person or entity. We’ll break down how liability plays a factor in these issues and what legal options you have if you suffer harm due to any of them.

Call our firm at (800) 900-0863 if you need to discuss a potential case.

Carbon Monoxide Poisoning

One of the most serious problems you can encounter is carbon monoxide poisoning. This silent killer can cause tissue damage or fatal injuries when a person suffers significant exposure to the gas. It is often referred to as the silent killer because the gas is colorless, tasteless, and odorless.

Carbon monoxide can be produced by many commonly used things, such as vehicles, gas fireplaces and gas appliances. When there is not enough ventilation for something that produces carbon monoxide, the problem is compounded and amount of the toxic gas can build up significantly making the exposure that much worse. Those who are exposed to carbon monoxide in this manner may feel the effects of exposure immediately or slowly over time. It is compared with experiencing flu like symptoms.

While you may recognize what causes carbon monoxide poisoning, specific businesses—such as hotels and landlords—may not. Companies and owners must take specific actions to prevent carbon monoxide poisoning from occurring within their establishment. Prevention can include:

• Installing carbon monoxide detectors that sound an alarm whenever they detect high levels of the deadly gas
• Installing and using gas appliances properly, including ensuring the appliance is properly maintained and adequately ventilated.
• Replacing any problem appliances that are producing carbon monoxide gas and are past their useful life.
• Providing and regularly inspecting ventilation in fireplaces, chimneys, and vented appliances.

Dog Bites

There are many injuries that you may sustain when a dog owner is negligent in his or her care of the animal. Dog owners must ensure that they properly contain their pets on their premises or on a leash in a public setting.

Even if the dog owner feels his or her dog is safe and friendly, he or she must take measures to ensure others are not at risk of potential harm. These protection measures also include protecting visitors on his or her property.

California Civil Code Section 3342 generally states that the owner of a dog is liable for its bites if in a private place, or lawfully in a public place. When you suffer a dog bite, you can take legal action against the party that the law deems liable to obtain compensation for all expenses, including medical bills and more.

In San Jose, Campbell and the bay area, dogs must be controlled on a leash when in public, and a failure to do this is negligence.

Depending on who is responsible, dog bite statutes generally require you to file a lawsuit within two years of the date when the attack occurred. If the deadline passes and you fail to file a claim, you may forfeit your right to pursue compensation. In an event involving a government entity, the statute of limitations is just six months.

Complex Regional Pain Syndrome

Complex regional pain syndrome (CRPS), is a disabling condition that can follow trauma and which results in severe unrelenting pain. If left untreated, it can become a chronic condition that can affect not only the injured area, but other limbs as well.

Many believe the underlying factor of CRPS is damage to your central and sympathetic nervous systems.

Complex regional pain syndrome often affects individuals who suffer injuries; the condition is more common in women. While you can suffer from this condition at any age, it typically peaks around the age of 40. It is rare for the elderly to sustain CRPS.

Doctors often look at medical history when diagnosing CRPS. Many of the triggers involve past trauma and injuries, but a careful examination and testing by the right doctor can help to rule out other conditions that can also result in long-term pain such as arthritis and muscle diseases.

Filing a Lawsuit

Like any personal injury case, if there’s negligence present in causing any of the above issues, you may have the right to file a lawsuit.

• Carbon monoxide poisoning cases can include lawsuits against a business, such as a hotel or an office space, or a landlord.
• Dog bite cases can include lawsuits against a dog owner who doesn’t protect the general public from harm.
• Complex regional pain syndrome cases can include lawsuits against any party who causes the initial trauma or injury that triggers the long-term symptoms of the condition.

You must recognize what legal rights you have to pursue compensation and justice for your injuries. Before going through the process, though, you should speak with a legal professional who can help you understand your options moving forward.

At Caputo & Van Der Walde, we know how dangerous all causes of injury can be for you. We take these cases very seriously, especially when they are preventable situations that result from a person or business acting negligently.

Our San Jose and Campbell California personal injury lawyers are ready to guide you through the process, pursuing maximum compensation for the pain and suffering you endure in these situations. We’ll be the voice you need to be successful in your case.