Recent Blog Posts
Protect Your Rights After a Bus Accident in California
A bus (and many other forms of public transportation) is within a category called “common carriers”. When a person has been injured as a result of a bus accident, the injured victim can be left with costly medical expenses, a sudden loss of income, and be left to deal with excruciating pain and suffering…. Read More »
Medical Malpractice Law: Enforceability of an Arbitration Clause
An arbitration clause is essentially a written provision within a contract that declares that any disputes between the parties involved will be settled through arbitration instead of through the courts. Most arbitration clauses are included within commercial and business contracts, but for the purposes of this article, we will focus on contracts between medical… Read More »
How to Protect Your Rights After a Birth-Related Injury
Any injury that takes place during the prenatal care and/or delivery of a baby can be serious and has the potential to cause life-long harm to the infant. All injuries, despite the size or gravity of the injury, can lead to severe conditions, and even permanent disability (or death). Although birth injuries can be… Read More »
Primary Assumption of the Risk? Ring the Alarm!
A recent case, Harry v. Ring the Alarm, LLC 2019 Cal App Lexis 383 deals with an issue I’ve discussed numerous times before, primary assumption of the risk. https://www.heitingandirwin.com/primary-assumption-of-the-risk-in-sports-cases-2/ https://www.heitingandirwin.com/primary-assumption-of-the-risk-strikes-again/ https://www.heitingandirwin.com/when-standing-next-to-a-horse-becomes-horseback-riding/ https://www.heitingandirwin.com/assumption-of-risk-in-sports/ https://www.heitingandirwin.com/primary-assumption-of-the-risk-not-always-a-bar-to-recovery/ Harry v. Ring the Alarm, LLC 2019 Cal App Lexis 383 involved a piece of property in Beverly Hills that was… Read More »
PEDESTRIAN SAFETY
While many Californians are familiar with the idea that “pedestrians have the right of way”, what this means and whether it is applied in actual real-world circumstances are open questions. The Vehicle Code, Section 21950 tells us: (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway… Read More »
Anesthesia Errors That Result in Death
Anesthesia is a powerful sedative that can help patients through delicate medical procedures. Anesthesia, however, requires specialized training and is so powerful, misuse including life long disability brain damage and/or death could quickly result in devastating physical consequences for the patient. Unfortunately, these types of errors can occur (more often than we would hope)… Read More »
Injury in the Workplace: Can I File a Lawsuit Against My Employer?
If you are employed in the State of California, it is likely that recovery for any workplace injuries are limited to the workers’ compensation system. This means that, in most circumstances, you will not be able to file a lawsuit against your employer in a California court. As an employee in California, it is… Read More »
Learn About Wrongful Death Lawsuits in the State of California
Losing a loved one as a result of another can be one of the most catastrophic situations a person can endure. When a person has lost his or her life as a result of another, the survivors may have the legal right to pursue a wrongful death claim. California law surrounding wrongful death claims… Read More »
Important Factors to Consider When Seeking to File an Uninsured Motorist Claim
California law requires all vehicles driven in the state carry a minimum amount of insurance or “financial responsibility.” Despite this requirement, there is always the possibility of being involved in an auto accident with an uninsured or underinsured motorist. If you or someone you know has recently been involved in an auto accident with… Read More »
DON’T GIVE UP
From my perspective the Workers’ Compensation system is broken – at least with respect to obtaining timely and necessary medical care. Without going into detail exactly why that is the case, as I had dealt with this issue in a previous blog, I want to make sure you don’t give up on the system…. Read More »
