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Primary Assumption of the Risk Not Always a Bar to Recovery

By Jean-Simon Serrano |

One interesting, and ever-evolving, area of the law is that which surrounds the primary assumption of risk doctrine.  I’ve written on this topic several times before, you can read the articles at the links below: 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/ A quick recap: Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296,… Read More »

Product Liability in the State of California

By Jean-Simon Serrano |

The State of California is one of the most innovative states in the nation. From the promotion of self-driving cars to drones, these modern technologies are becoming increasingly common in the State of California. While new inventions may seem ideal, many consumers can find that some products are not reliable. Unfortunately, some of these… Read More »

SELF-EMPLOYED LITIGANTS STILL NEED “OFF-WORK” NOTES

By Sara Morgan |

When someone is injured due to another’s negligence, one of the many losses attorneys attempt to recover are earnings which were lost during periods of disability or incapacity that resulted from the injury-producing event.  Most of my clients who are traditional wage-earners typically request some type of doctor’s note excusing them from work.  However,… Read More »

Pedestrian Accident Law: Understanding Your Legal Options as a Victim 

By Richard Irwin |

Any pedestrian runs the risk of suffering an unexpected injury as a result of being struck by a careless driver. If you or someone you know has been injured by a negligent driver, there may be an opportunity to seek financial compensation for the injuries. For many victims, the primary legal option is to… Read More »

SHOULD A BUSINESS OWNER ANTICIPATE CRIMINAL CONDUCT OF OTHERS?

By Dennis Stout |

Generally speaking, the owner of a business in the State of California that is open to the public must use reasonable care to protect its guests and patrons from another person’s harmful conduct on its property if the owner can reasonably anticipate such conduct. First of all, it should be noted that a business… Read More »

Medical Malpractice Cases: Identifying Medical Malpractice and the Process of Filing a Claim 

By Dennis Stout |

If you have ever found yourself seeking medical assistance from a medical professional or hospital, it is likely that you have fully entrusted this medical staff with your well-being and health and often times, your life. You trust that this medical staff has the right knowledge, experience, and medical skills and equipment to help… Read More »

MEDICAL MALPRACTICE STATUTE OF LIMITATIONS: MINOR PATIENTS

By Sara Morgan |

The time limit, or statute of limitation, for a medical malpractice matter in California is typically found at Code of Civil Procedure, Section 340.5, which reads, in pertinent part: “Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under… Read More »

He said, She said — The Tough Case

By Jean-Simon Serrano |

Occasionally, potential clients call with a case of “he said, she said.”  The potential client says the other driver ran the red light.  The other driver says the potential client ran the red light.  This is a tough case to prove without further evidence.  In these instances it will be difficult, if not impossible,… Read More »

DEATH BENEFITS: THINGS YOU SHOULD KNOW (PART II)

By Richard Irwin |

There are some very unique rules regarding who is a dependent of the deceased employee thus entitled to death benefits, how much they are entitled to and how said benefits are paid depending on the extent of dependency. In this blog, I will cover some (not all) of these special rules/laws. First, for injuries… Read More »

Distracted Driving in the State of California: Revisiting Cell Phone Usage Laws

By James Heiting |

If you live and regularly commute in the State of California, you should already know that it is against the law to drive while using a handheld cell phone. If you are a driver who is visiting from outside of the state, you should be aware of the specific rules and regulations surrounding this… Read More »

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