In the state of California, dog owners are almost always strictly liable for the damages their dogs cause in the event of an attack. As such, dog bite victims typically do not have to prove the owner was negligent in order to recover compensation for medical bills, lost income, and other damages. Unlike other states, California does not have a “one-bite rule.” That means dog owners can be held strictly liable for damages even if their animal had never bitten anyone or displayed vicious … [Read more...]
What Circumstances Might Warrant a Premises Liability Claim?
If you or a member of your family was injured while on another person’s property, you may have grounds for a premises liability claim. Property owners—and sometimes their tenants—have a duty to maintain their premises to a reasonable standard for both invitees and licensees. Even trespassers who suffer injuries may have grounds for a claim depending on the circumstances. Property owners and possessors who allow invitees onto their premises have a duty to conduct periodic inspections for … [Read more...]
Who Might Be Liable for Injuries Sustained at a Pool?
There are all sorts of ways a person can suffer an injury at a swimming pool. Slipping on a wet deck, diving into shallow water, or getting stuck in an unsafe drain can all cause serious and potentially fatal harm. If you or someone in your family was hurt at a swimming pool, you may be entitled to damages including medical bills, lost income, and pain and suffering; however, there are several elements that must be proven in order to recover compensation. One such element is liability. You must … [Read more...]
Common Product Defects That Lead to Personal Injury Claims
A product can become defective at any stage of design, development, or distribution. Even if a product doesn’t malfunction, serious injuries can still occur if a consumer good lacks adequate instructions for safe use. Certain items are responsible for a disproportionately high number of product defects. Examples include: Airbags and other automobile parts; Portable generators; Gas heaters; Medical devices; Pharmaceutical drugs; Children’s toys; Construction materials; and Foods … [Read more...]
My Child Was Bitten by a Dog—Can I Sue?
If your son or daughter was bitten by a dog, your family may be entitled to compensation for all resulting damages. There are, however, many ways for the dog owner and/or the insurance company to dispute your claim. For example, they might argue that your child instigated the attack or that the injuries are less severe than you’re claiming. The easiest way to find out if your case has merit is to speak with a dog bite attorney. Fortunately, most personal injury lawyers offer free consultations, … [Read more...]
How to Prove an Hours of Service Violation After a Truck Accident
Commercial truck drivers are some of the most experienced and skilled motorists on the road, but no one is immune to the effects of fatigue. With long hours, tight deadlines, and endless stretches of highway, it’s not uncommon for truckers to become drowsy while behind the wheel, making them more prone to accidents. To prevent drowsy driving crashes, the Federal Motor Carrier Safety Administration (FMCSA) enforces the Hours of Service (HoS) regulations, which prohibit truckers from driving for … [Read more...]
How Soon Should I Visit a Doctor After Suffering a Personal Injury?
There’s always a lot to do after sustaining a sudden injury. If you’re involved in a car accident, for example, you might have to find alternative transportation, get a coworker to cover your shift, and arrange child care. With so much on your plate, it’s tempting to put off your medical evaluation, especially if your symptoms seem manageable. Unfortunately, choosing to delay your doctor’s visit could put both your health and your personal injury claim in jeopardy. Some injuries, such as … [Read more...]
When Are Family Members Entitled to Emotional Distress Damages?
In the state of California, personal injury victims have the right to pursue compensation for any economic and non-economic damages they incur. Under some circumstances, a person who witnessed a serious accident also has the right to seek compensation for the negligent infliction of emotional distress—even if he or she wasn’t physically injured. Until 1968, courts typically dismissed emotional distress claims unless the plaintiff could prove the defendant’s conduct placed him or her in harm’s … [Read more...]
Will My Personal Injury Case Go to Trial?
Most Americans would fall behind on essential bills if they miss just one paycheck. If your financial security is in jeopardy after a serious personal injury, you might be tempted to accept the first settlement offer from the insurance company. But if that settlement doesn’t include future medical bills, lost earning capacity, or other damages you’re reasonably certain to incur, accepting it might put you on the path to overwhelming debt. Fortunately, more than 9 in 10 personal injury cases are … [Read more...]
What Can I Do to Strengthen My Personal Injury Claim?
If you’re planning to file a personal injury claim, there are steps you can take starting on day one that may increase your chances of recovering a fair settlement. Those steps include: Documenting the scene of the accident; Starting a personal injury journal; Deactivating your social media accounts; Recording all the expenses you incur; Seeking medical care; and Directing all relevant correspondence to your personal injury lawyer. Let’s explore these steps in depth so you know … [Read more...]