Recent Blog Posts
Waiver of Liability
With the weather warming up and many people heading outdoors to participate in recreational activities, the subject of liability or responsibility for injury arises. In many activities, one must sign a liability waiver just to participate in the activity. In other activities, particularly spectator situations, a waiver is included in the price of admission… Read More »
Are the Details of Previous, Similar, Incidents Confidential?
Vehicle Code Section 20012 holds: All required accident reports, and supplemental reports, shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department of Motor Vehicles and the Department of the California Highway Patrol, except that the Department of the California Highway Patrol or the law… Read More »
Accidents at California Water Parks and Liability
This summer, you’re planning on taking your kids to the water park and your local splash pads and swimming pools. While you’re excited to cool off and have fun with your family, you’re wondering: What happens if you or one of your children gets injured? Who will be responsible? By learning about accidents at… Read More »
Swimming Pool Gates and Liability in California
Swimming pools can be very dangerous, especially if there are little children around or someone doesn’t know to swim. If someone was recently injured because of, or involving, a swimming pool, you may be wondering about swimming pool gates and other forms of liability. Plus, you want to know whether or not there is… Read More »
Don’t “Wait and See” With Your Medical Malpractice Case
It’s a story I hear on an almost weekly basis. “After the surgery, I knew something was wrong but Dr. X told me to ‘wait a year and see what happens.’” From a legal standpoint, this is terrible advice when dealing with a potential medical malpractice claim in California. What’s wrong with waiting a… Read More »
A Summer Toy Injured My Child: Now What?
Summertime is when you and your children like to kick back, relax, and have some fun. Some of your kids’ favorite activities include playing with their summer toys. Perhaps they like to float on a pool toy, squirt their friends with water guns, or go on the Slip ‘N Slide. While all of these… Read More »
“EMPLOYEE” PRESUMPTION AND BURDEN OF PROOF
In order to be entitled to workers’ compensation benefits there must exist an employment relationship at the time of the injury. Labor Code 3600 (a) provides that an employer is liable for workers’ compensation benefits “for any injury sustained by his or her employees arising out of and in the course of employment. Labor… Read More »
Roundup on the Roundup Cases
As you may be aware if you have watched television in the past 3 or 4 years, the weed-killer Roundup has been associated with causing cancer, including non-Hodgkin’s lymphoma. According to the Mayo Clinic’s website, non-Hodgkin’s lymphoma “is a type of cancer that begins in your lymphatic system, which is part of the body’s… Read More »
What Happens if You Get Injured Due to Inadequate Lighting?
You were walking somewhere dark and suddenly, you tripped, fell, and hurt yourself. Now, not only are you injured, but also you have to pay expensive medical bills on top of everything else. You’re wondering: What happens if you get injured due to inadequate lighting? Is it your fault? Or can you pursue a… Read More »
EVEN UNSUPERVISED ACTS FALL WITHIN MICRA
Yet another blow has been delivered to injured persons and to the legal community as it applies to the non-economic cap of damages in California under the Medical Injury Compensation Reform Act. In February of this year, the California Supreme Court ruled that the State’s cap on non-economic damages applies to losses and damages… Read More »
