Category Archives: Personal Injury
Can a landlord can be held liable for a tenant’s dog bite in California?
In California, a landlord can be held liable for a tenant’s dog bite under certain conditions. The landlord must have actual knowledge of the dog’s vicious nature and the dog’s vicious behavior must be reasonably foreseeable. Alsawa v. Conde, 2022 Cal. Super. LEXIS 19270. The general rule is that a landlord is not liable… Read More »
How to Obtain Evidence in a Slip and Fall Case
If you have been injured in a fall accident, you may be eligible for a settlement or monetary award if someone else was negligent. The Riverside slip and fall attorneys at Heiting & Irwin can fight for your legal right to full compensation. Like any personal injury case, a slip-and-fall or trip-and-fall claim is… Read More »
Is a Surfer Liable to a Fellow Surfer For Injuries Caused in a Wipeout?
Imagine you’re surfing. You know there’s some risk that is associated with the sport. You could drown, you could be injured by being thrown against the rocks. There’s a chance you could collide with a fellow surfer or, worse, have an encounter with a shark. But what about the risk from another surfer with… Read More »
HOW CAN I CORRECT MY MEDICAL RECORDS?
Many potential clients ask about how they can correct errors in their medical records. According to the Medical Board of California: “The patient, including minors, can write an ‘addendum’ to be placed in their medical file. The original information will not be removed, but the new information, signed and dated by the patient will… Read More »
Hit by an Ambulance? Watch Out! You May Have Less Time Than You Think!
The general rule in California is that you have two years to file a lawsuit for injuries/losses arising out of an automobile accident (CCP § 335.1). Of course, there are some exceptions. Notably, whenever a public entity is involved, you are required to adhere to the applicable public entity claims requirements (usually requiring a… Read More »
Workplace Injuries and the “Premises Line Rule”
If you’re injured while in the course and scope of your employment, you are typically prevented from bringing an action against your employer and are instead subject to the “exclusive remedy” of recovering within the Workers’ Compensation system. “Where an employee is injured in the course and scope of his or her employment, workers’… Read More »
TWENTY YEARS OF EVIDENCE ON THE OUTCOME OF MALPRACTICE
Two decades of research on the outcome of medical malpractice claims show somewhat surprising results and correlation with the quality of care as judged by other physicians. 1.Physicians win eighty percent (80%) to ninety percent (90%) of jury trials if plaintiffs’ evidence of medical evidence is judged as “weak” by other physicians’ reviews; approximately… Read More »
How Long Will It Take to Handle my Case/Claim?
This is a common question we receive from clients. It’s also a question that is very difficult to answer because it depends on so many factors. For one, if you were injured recently, we may not have a full understanding of your injuries. Certainly, you don’t want to settle your case until you know… Read More »
Destruction of Documents by Equitable Owner and the Corporate Veil
The “corporate veil” is the legal term used to describe the separation between the assets of a legal entity and the personal assets of shareholders, directors, and officers. This “corporate veil” provides liability protection for business owners. It protects their personal property from being used to satisfy judgments or business liabilities. But the “corporate… Read More »
What Duty Does a Bar Have to its Patrons After They Leave the Premises?
This was primarily the question taken up in the recent case, Glynn v. Orange Circle Lounge, Inc. (2023) 2023 Cal App LEXIS 756. The plaintiff, Nicholas, and his friends were patrons at the defendant’s bar. At around 12:15 a.m. on July 29, 2018, a fight broke out between Nicholas and several other patrons of… Read More »
