Recent Blog Posts
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 »
The Importance of Timely Medical Care
In pursuing recovery for any physical or emotional injuries that might result from another’s negligence, the importance of timely medical care cannot be over-emphasized. Not only does the creation of the medical record provide proof of the injuries existing at the time, but it also helps substantiate any claims made for pain and suffering…. Read More »
Distracted Driving Auto Accidents in California
Distracted driving is a growing problem. All across the U.S., there are thousands of distracted driving incidents taking place each year; and distracted drivers unfortunately cause thousands of deaths and injuries. There are a growing number of distractions someone could be focused on while driving, making the roads that much more dangerous for pedestrians,… Read More »
What to Do If a Doctor’s Misdiagnosis Causes Injury
You went to the doctor because you didn’t feel well. Unfortunately, the doctor ended up making you feel worse because they misdiagnosed you. Not only do you feel violated because you trusted your doctor to provide you the utmost care, but now you are dealing with an injury because of their incompetence or negligence…. Read More »
How To Protect Your Rights After a Cruise Ship Injury
The State of California has very popular ports of cruise ship departures. A majority of cruise lines will set sail in one of four ports in the state, San Francisco, San Diego, San Pedro, and/or Long Beach. The cruise line industry thrives throughout California and Florida. While cruise lines offer an abundance of attractions,… Read More »
