Category Archives: honesty
CAREGIVER-PATIENT ABUSE: THE ULTIMATE BETRAYAL
The breaking news today that a suspect had been identified and arrested for the “sexual assault” of an incapacitated patient at an Arizona long-term care facility brought a flood of emotions and questions. Of course, it is relieving to know that this predator*, posing as a caregiver, was apprehended. However, there are many other… Read More »
ATTORNEY-CLIENT PRIVILEGE
This issue of attorney-client privilege is prevalent in the news these days, as federal agents have raided the offices and home of President Trump’s personal lawyer. Much of what was obtained from that search/raid, what can be used, and for what purpose, hinges on the issue of attorney-client privilege, confidentiality and criminal activity. In… Read More »
Overview of Product Liability Cases
Product liability cases work a bit differently than normal personal injury claims in that the plaintiff (injured party) does not have only one option to prove negligence; but, he or she may show that the product harmed him or her in some way and that the product was, in fact, defective. Bearing that in… Read More »
SEXUAL HARASSMENT IN CALIFORNIA
Everywhere you read, there are new and ongoing claims of sexual harassment throughout the United States. Sexual harassment in the State of California is defined in Civil Code, Section 51.9, providing the various elements to assert and prove a cause of action for sexual harassment. California Civil Code §51.9 states as follows: “(a) … Read More »
Suing the Good Samaritan: When Good Intentions Cause Serious Harm
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 »
Primary Assumption of the Risk in “Sports” Cases
Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the primary assumption of risk doctrine applies to those whom participate in sports. The Knight case involved a group of friends playing touch football during half time of the 1987 Super Bowl. While jumping up… Read More »
What is the Difference between Murder and Wrongful Death?
As an experienced Riverside, California, wrongful death lawyer, clients and friends often ask me a seemingly difficult question: what is the difference between murder and wrongful death? First, I should say that both murder and the loss of a loved one due to the negligence of another is very hard on survivors and family…. Read More »
Buyer Beware
This maxim of law, caveat emptor, or let the buyer beware, generally stands for the principle that a purchaser of a product or service takes the risk of the quality or condition of the item being purchased unless there is some form of additional protection or warranty from the seller. Purchase of an item… Read More »
A Remedy Remains: “Stolen Valor” is Still Fraud
Although the Supreme Court recently overturned the Stolen Valor Act of 2006, there are still legal consequences for lying about receiving awards and medals won through military service. Indeed, the ruling in U.S. v. Alvarez does not constitute an endorsement for stealing valor. Instead, in finding the Act unconstitutional, the Court determined only that… Read More »
NOT IN MY CAR: WHY THE REPAIR SHOP WILL BE LIABLE FOR A JOY RIDE
A coffee-run to my local Starbucks (Brockton and Arlington) prompted my last article about the liability of an automotive repair or service shop for damage to a vehicle left in its care. Since posting my last article, I am happy to report that I have not seen any other mechanics using customer’s cars to… Read More »
