Category Archives: Personal Injury
Are School Shootings Foreseeable? Can the School Premises be considered a “Dangerous Condition of Public Property” because a school shooting occurs?
You may or may not remember the tragic events that occurred on April 10, 2017. On that date, Cedric Anderson entered his wife’s elementary classroom (a part of San Bernardino Unified School District) and shot and killed his wife, shot and killed one of her students, shot and injured a student, and then shot… Read More »
HOW TO PREPARE FOR YOUR INITIAL CONSULTATION WITH A LAWYER ON A MEDICAL MALPRACTICE MATTER
How can you, as a client, have the most productive initial consultation with a medical malpractice lawyer? Our office will need to know the date of the incident, names of medical facilities and physicians for the initial consultation. Strict time limitations apply to tort cases. The client is responsible for providing applicable dates to… Read More »
HOW TO PREPARE FOR YOUR INITIAL CONSULTATION WITH A LAWYER ON A PERSONAL INJURY MATTER
How can you, as a client, have the most productive initial consultation with a personal injury lawyer? Our office will need to know the date of the accident or other occurrence for the initial consultation. Strict time limitations apply to tort cases. The client is responsible for providing applicable dates to the attorney during… Read More »
Premises Liability and the Duty to Warn about Open and Obviously Dangerous Conditions
I’ve written many times about how the case of Rowland v. Christian (1968) 69 Cal 2d. 108 established that landowners have a duty to maintain their property in a non-negligent fashion and protect those on their property from foreseeable harm. A recent case, takes up the issue of foreseeable harm. (see (Montes v. Young… Read More »
Ease of Zoom Testimony and CCP § 367.75 Not Enough to Defeat Venue and CCP § 397
An extremely tragic case arose when a UCSD student was killed after walking into freeway traffic in early morning hours. She had been drinking with friends who ordered an Uber for her to go back to her dorm on campus. During the ride, she vomited in the vehicle and was asked if she wanted… Read More »
What’s the Difference between a Free Consultation and Free Legal Advice?
Our office receives many inquires every day from prospective clients. Many are severely ill or injured. These clients are often looking for an attorney to tell them what to do. Many are in a state of crisis and certainly need help. They want legal advice and answers now. It’s always difficult to explain to… Read More »
Is a School Liable for Injuries which Occur On Campus, After Hours?
This is the question recently taken up by the 4th District Court of Appeal in Achay v. Huntington Beach Union High School Dist. (June 28, 2022, No. G060053) ___Cal.App.5th___ [2022 Cal. App. LEXIS 571. Plaintiff C. Achay was a student on a high school track team, which usually practiced after school until 5:30 p.m. On… Read More »
Expert Testimony – Proving Causation in a Medical Malpractice Case
The plaintiff must usually rely on expert medical testimony to prove the element of causation in a medical malpractice case unless the issue is clear to even a lay person, e.g., the physicians accidentally amputated the wrong foot, or a pair of surgical scissors is left in the abdomen after an operation. Because of… Read More »
Workers’ Compensation Law and the Exclusive Remedy Rule: the Five Exceptions
While the workers’ compensation system provides medical care and disability benefits, injured workers do not get monetary compensation for pain and suffering. Nor does workers’ compensation provide damages for past or future wage loss, loss of earning capacity, or loss of consortium for the spouse of the injured worker. These are significant items of… Read More »
How Long Should I Expect My Personal Injury Case to Last?
You got injured, and you’re considering hiring a personal injury attorney to help you with your claim. You’re also wondering: how long should I expect my personal injury case to last? You don’t want this lawsuit to go on for years and you’re hoping to get back to your life as soon as possible…. Read More »
