Recent Blog Posts
Sport Liability from Coronavirus
by Dennis R. Stout The Coronavirus has had a tremendous impact on society in general and the sports community in particular. As we begin to re-open sporting venues, whether it be golf courses, parks, beaches or gymnasium/fitness facilities, we must remain cautious and concerned about the transmission of this deadly disease, to the participants… Read More »
INJURY ATTORNEY PREDICTIONS: CORONAVIRUS IMPACT ON MEDICAL CARE
If you have recently tried to seek general medical care, you may have encountered some delays and other changes to your access to physicians, chiropractors, physical therapists, optometrists, dentists, and many others, as providers struggle to provide care while complying with various public health restrictions imposed in their areas. In addition to reducing available… Read More »
Impeachment or Contradictory Opinion?
Attorneys are required to designate experts prior to the time of trial. Generally, unless an expert was designated and revealed to the other side ahead of time, they are not permitted to testify at the time of trial. This is to remove gamesmanship and surprise at the time of trial. For the sake of… Read More »
GLOBAL IMPACT OF VAGINAL MESH
I read an article recently about the progress of litigation being pursued on behalf of women-plaintiffs in Australia against pelvic mesh manufacturer Ethicon, subsidiary of Johnson & Johnson. I had not heard about the November 2019 ruling by Australian Federal Court Justice Anna Katzmann, where she found the company acted negligently, and undertook misleading… Read More »
CALIFORNIA IMMUNITIES
In California, state government entities/and employees are not immune from personal injury or other tort liability unless expressly provided for by statute. Generally, the immunities are contained in the California Tort Claims Act, however, others are distributed throughout various California Codes. There is no liability for an entity or employee in the absence of… Read More »
What to Do If You’ve Been in a Pedestrian Accident
You were crossing the street, when suddenly, a car hit and injured you. Whether your injuries were minor or serious, you can and should be fairly compensated if it was not your fault. After all, medical treatments are expensive, not to mention, you had to take time out of your day to go to… Read More »
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 »
