When people enter a property they have the right to expect the property is reasonably safe. Property owners have a legal obligation to make sure visitors don't get hurt by unsafe conditions. The specific obligations a property owner has to protect each visitor is defined by premises liability law. A visitor is called a property entrant, and under California law there are three primary categories of property entrants. Traditionally, the category an entrant fell in determined what specific … [Read more...]
Who is Responsible for Ensuring Construction Site Safety: A Guide for Injured Construction Workers
Who Is Responsible for Eensuring Safety at a Construction Site: A Guide for Injured Workers from Michael Waks The owner of a construction company is responsible for the safety of his employees. Construction company owners must enforce the rules the Occupational Safety and Health Administration establishes or they can face OSHA penalties and even criminal charges. Learn more about construction site safety in California in this presentation. … [Read more...]
Can You Sue After a Child’s Sexual Assault at a Daycare Center?
Daycare centers are entrusted with the care of children and are expected to act in loco parentis - in place of the parent - while children are under their control. Daycares must provide adequate supervision, follow all state guidelines for licensing and provision of care, and must ensure they exercise reasonable caution in all interactions with children. Sometimes, daycare centers fail in egregious ways and children become victims of criminal acts. When that happens, parents … [Read more...]
Can a Landlord Be Held Responsible for a Dog Bite Inflicted by a Tenant’s Dog?
Over five million people are bitten by dogs each year in the United States. Unfortunately, young children are the ones most frequently attacked. Dog bites cause severe trauma for victims, and often result in permanent disfigurement. According to California dog bite laws, the owner of the dog is responsible for damages caused by a dog bite or dog attack. California Civil Code Section 3342 states the owner is strictly liable for any damages caused by the dog regardless of whether the dog has … [Read more...]
Free Report: Why Can Government Entities Sometimes Be Immune from Liability Even If They Were Negligent
Government agencies have many important responsibilities to protect the safety of citizens. The government is responsible for designing and maintaining roads, for maintaining public parks and sidewalks, and for operating public transportation and local school buses. These are just a few of the tasks local and municipal governments are entrusted with performing. Whenever a government agency is given a job to do for the public, it is expected to do it competently. If someone gets hurt because the … [Read more...]
Who Does an Injured Passenger Sue in a Car Accident?
California's fault laws allow car accident victims to file lawsuits against those who were responsible for accidents. Passengers are never at fault for causing a crash, because they are not driving any of the vehicles involved. When a passenger is injured, it can become complicated to determine who should be sued. An injured passenger must make an informed choice about who to sue in a car accident so the passenger maximizes the chances of recovering full and fair compensation. There may be … [Read more...]
What Damages am I Entitled to Recover in My Burn Injury Case?
Burn injuries frequently occur as a result of an explosion after a car accident or from a fire caused either by the negligent maintenance of property, or from a defective product. The severity of a burn injury will depend upon the degree of the burns, the location of the burns on the body, and how large the burn area is. Burns may be very painful and treatment of burn injuries can be costly. It is important for burn injury victims to understand what damages … [Read more...]
Sexual Assault Is A Common Problem: Sexual Assault Victims Have Rights
Sexual Assault Is A Common Problem: Sexual Assault Victims Have Rights by Michael Waks Rape, Abuse & Incest National Network reports that an average of 293,066 victims age 12 and older are raped or sexually assaulted every year. Every 107 seconds, a teen or adult in America is raped or sexually assaulted. Sexual abuse and sexual assault are crimes, but too often perpetrators are not prosecuted. Sexual assault victims have rights. Learn more about it in this presentation. … [Read more...]
How is a Black Box Relevant to a Trucking Accident Case?
Black boxes are best known as the data recorders used to help identify the cause of airplane crashes, but black boxes can also be important in determining the cause of truck accidents. Most commercial trucks have black boxes that activate in the seconds before an accident, recording technical vehicle information and driver behavior. Some black boxes record ongoing information about the truck and the driver’s actions, providing even more information that can be … [Read more...]
Does Federal Law Require Trucks To Carry Insurance?
If you travel the freeways and roads in Southern California, you are familiar with semi-trucks. These large trucks are a common site on roads across America as they transport goods and freight from one place to another. The trucking industry makes it possible for all of us to enjoy products from around the world. Unfortunately, due to their size and weight, trucks can be dangerous. Recognizing this, the trucking industry is heavily regulated by federal … [Read more...]
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