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Tag Archives: liability

What to look for when buying car insurance

By Heiting & Irwin |

You don’t want to wait until you are in a car accident to think about insurance. Car insurance is required by law, but what kind of insurance do you need? We’ve provided some general guidelines offered from the Wall Street Journal that you should use when buying insurance or thinking of updating your policy…. Read More »

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Increase in Motorcycle Accidents in California

By Heiting & Irwin |

Recently, the California Highway Patrol released a report showing that motorcycle accidents increased by 20 percent from 2010 to 2011. The Hartford Sentinel reports that hundreds of motorcyclists die each year and thousands more are hurt. The California Highway Patrol is asking for the public’s assistance to reduce these numbers. Officials have encouraged motorcyclists… Read More »

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Primary Assumption of the Risk in “Sports” Cases

By Heiting & Irwin |

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 »

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SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB – PART 3

By Heiting & Irwin |

5. IF CONTACTED BY INSURANCE COMPANY – If you are contacted by the insurance carrier (or their investigator) regarding a “statement” that they want to obtain from you – if you are represented, contact your attorney immediately. If you are not represented let the person know that you will be more than willing to… Read More »

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What is the Value of an Injured Pet?

By Heiting & Irwin |

In what seems to be a trend of new cases expanding the rights of pet owners, the Court of Appeal for the Second District recently ruled that the usual standard of recovery for a dead or injured pet (market value) is inadequate when applied to injured pets. The recent case, Martinez v. Robledo, (2012)… Read More »

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Five Things To Do After an Accident

By Heiting & Irwin |

Should you have the misfortune of being involved in an auto accident, it is important that you gather information and undertake a few responsibilities. These are the most important steps to take following a collision. Click here for a useful form that you can keep in your vehicle. This form will help you gather… Read More »

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IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?

By Heiting & Irwin |

An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury. If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing… Read More »

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NOT IN MY CAR: WHY THE REPAIR SHOP WILL BE LIABLE FOR A JOY RIDE

By Heiting & Irwin |

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 »

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NOT IN MY CAR: Why the Test Drive Should be Limited to Testing

By Heiting & Irwin |

One recent morning while leaving my local Starbucks drive-thru, I waited while two men wearing mechanic uniforms crossed the parking lot to what I assumed was their vehicle. I thought nothing more of this until, several days later, I saw the same men, again clad in uniforms, only this time walking to a different… Read More »

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SHOULD SETTLEMENTS BE CONFIDENTIAL?

By Heiting & Irwin |

Heiting & Irwin You have sustained an injury or some form of damage, filed and prosecuted your Complaint, and have now reached a settlement with the adverse party. Upon receipt of the Settlement Agreement and Release, the defendant requests that the settlement be deemed confidential, that the nature of the settlement, its terms, and… Read More »

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