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MEDICAL MALPRACTICE: SOME IMPORTANT DEADLINES

By Heiting & Irwin |

We do write quite frequently about the statute of limitations for medical malpractice matters in California.  For me, this largely stems from the numerous times I must decline a potential case based on the amount of time that has passed since an injury occurred.  Especially in wrongful death situations, the callers can be particularly… Read More »

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What the Johnson and Johnson Verdict Tells Us About Dangerous Products

By Heiting & Irwin |

Earlier in August, a California jury entered a verdict in excess of $400 million against Johnson & Johnson after finding that the company’s baby powder led to a woman’s development of ovarian cancer following her use of the powder for feminine hygiene purposes. This type of award naturally grabs headlines, and it can also… Read More »

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When Standing Next to a Horse Becomes “Horseback Riding.”

By Heiting & Irwin |

Imagine you are participating in an endurance, 50 mile-long horseback riding event in Perris, California.  Two hours into the event, you and six others stop together, get off your horses, stand single-file, on the trail at a required checkpoint.  While you are standing, waiting to check in at the checkpoint, another rider gets knocked… Read More »

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Judge Finds a Hot Air Balloon is Not a “Common Carrier”

By Heiting & Irwin |

It is well-established that a motorist owes every other motorist on the road a general duty of care – an obligation to operate his or her motor vehicle in a reasonable and careful manner so as not to expose others unnecessarily to a risk of harm. This general duty remains in place (and relatively… Read More »

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Premises Liability and Foreseeable Harm

By Heiting & Irwin |

Property owners who open their property to others – either to enter to conduct business (like a retail establishment) or for personal friendships (like a home) – owe their guests certain legal duties. These duties may require property owners to make reasonable inspections of their property at regular and reasonable intervals (just before a… Read More »

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Steps to Take After a Hit and Run Accident

By Heiting & Irwin |

Hit and run motor vehicle crashes in California can leave you and/or your loved one in a precarious physical and financial position. While one may be able to have some medical bills and other expenses paid for through their own insurer (depending on coverage and the contract with the insurer), the ability to recover… Read More »

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When Failing to Render Aid can be Considered Negligence

By Heiting & Irwin |

 Imagine that you are involved in a car wreck in Riverside or elsewhere in California. The crash was not a result of any negligence or carelessness on your part; rather, the other driver carelessly drove into your lane of travel and hit your vehicle head-on. You yourself are (miraculously) not injured; as you exit… Read More »

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California Bicycle Laws

By Heiting & Irwin |

California Vehicle Code §21200 (a) states as follows: “A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all of the provisions applicable to the driver of a motor vehicle by this division, including, but not limited to, provisions concerning driving under the influence… Read More »

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Suing the Good Samaritan: When Good Intentions Cause Serious Harm

By Heiting & Irwin |

California and many other states have enacted so-called “Good Samaritan” laws (named after the biblical story of the good Samaritan). These laws were all enacted with a noble purpose: To encourage individuals to come to the aid of their fellow citizen in distress. These laws act to provide legal protection from suit for a… Read More »

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Injured Workers may qualify for additional Funds through the Return-to Work Supplement Program (RTWSP)

By Heiting & Irwin |

As part of  Worker’s Compensation Reform, Senate Bill 863 developed a Return to Work Fund with 120 million dollars per year to be administered by the Department of Industrial Relations. The program established through the Department of Industrial Relations is aptly named   Return-to-Work Supplemental Program (RTWSP). The RTWSP requires the Department of Industrial Department’s Director… Read More »

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