Recent Blog Posts
Father Responsible for Overdose Death of Son’s Girlfriend?
The Court of Appeal for the Fourth District recently took on a novel issue in a wrongful death case. The question posed on appeal was whether a father who provides financial support for his adult son may be held liable for the death of his son’s girlfriend by overdose on methamphetamine allegedly purchased or… Read More »
EXAMPLE OF THIRD PARTY CASE & WORKER’S COMPENSATION CASE IMPACT ON OTHER CASE
In my prior blog, I promised an example of the interplay between a Workers’ Compensation case and a related “third party” case. As you may recall, a “third party” case typically refers to a civil case against another liable party (person or company) arising out of an on-the-job injury. For this example, assume Mr…. Read More »
Mesothelioma
by Dennis Stout For those of you who are uncertain about this disease or condition, Mesothelioma is a form of cancer. It affects the membrane (tissue or lining) protecting organs, including lungs, abdomen and heart. As of this time, the only known cause of Mesothelioma is asbestos exposure. Construction industry(s), manufacturing and military have… Read More »
Burn Injuries in the Workplace
Workplace injuries are, unfortunately, commonplace. According to the National Safety Council, a workplace injury occurs every seven seconds in the United States. That equates to 510 injuries per hour, 12,600 per day and 4.6 million per year. The top five industries with the largest number of workplace injuries include service (firefighters/police officers), transportation and… Read More »
Is a Fence a “Permanent” or “Continuing” Encroachment?
Whether a boundary fence is a “permanent” or “continuing” encroachment is the subject of a recent Court of Appeal Ruling. (See Madani v. Rabinowitz, 2020 Cal. App. LEXIS 149) Ali Madani sued his next-door neighbor, Michael Rabinowitz. Madani brought trespass and nuisance claims, seeking to remove a portion of Rabinowitz’s fence, which encroached on… Read More »
TRAIL IMMUNITY
California Gov. Code §831.4, the “trail immunity” statute, provides that a public entity is not liable for an injury caused by a condition of the following: “(a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding. . . water sports, recreational or scenic areas. . .” or “(b) Any trail used… Read More »
Factors When Choosing a Personal Injury Attorney
You were recently injured in an accident, and you want to ensure that you get fair compensation for what happened. Perhaps you were involved in an automobile crash or slipped and fell on a wet floor while shopping. Maybe you got hurt at work or a doctor performed an unnecessary test, and now you’re… Read More »
PLEASE GET YOUR UM STRAIGHT!
Some lessons must be learned the hard way. Unfortunately, one such lesson that many plaintiffs commonly face is that the Uninsured/Underinsured Motorist coverage on their automobile insurance policy is not enough to cover the injuries sustained. I was in court recently and watched a young child being wheeled into the courtroom on a specialized… Read More »
Primary Assumption of the Risk – Sports Participants and Stadium Owners
A new opinion has been published in the ever-expanding case law surrounding primary assumption of the risk. For a primer on the topic, please read my previous blog articles: Primary Assumption of the Risk in “Sports” Cases Primary Assumption of the Risk Strikes… Again! When Standing Next to a Horse Becomes “Horseback Riding.” Assumption… Read More »
Can I Sue My Doctor for Prescribing Me the Wrong Medicine?
When you go to the doctor, you assume they know what they’re doing. You’ve put your trust into many doctors and, while most of your experiences with them have been pleasant, you went to one doctor who prescribed you the wrong medicine. This mistaken prescription left you feeling ill and worse than before. You’re… Read More »
