Tag Archives: liability
Hazardous Recreational Activities
Imagine yourself on your day off, participating in your favorite recreational activity, on public property. Whether it’s mountain biking, kayaking, off-road motorcycling/four-wheeling, surfing, or water skiing, what is your recourse should you sustain an injury by participating in that activity? Generally speaking, the Government Code of the State of California provides that neither a… Read More »
James Heiting cited by “Chicago Lawyer’s” Robert A. Clifford
I stood before 12 people, a cross-section of Miami-area residents who were to consider the case of a family who lost a loved one in a small plane that crashed off the coast as it attempted to take off. The cause of the crash was a defective part, manufactured by a local company whose… Read More »
James Heiting interviewed regarding recent article in National Law Journal
James Otto Heiting was recently interviewed regarding the article which was published in the National Law Journal. Click here to see/hear the interview.
WHAT TO DO AFTER A WORK RELATED INJURY?
The general and safe response is that all injuries should be handled the same way, however, that methodology may not be practical in the course of your work day. Any injury that causes you to believe that you need the care of a doctor should be reported immediately. The person(s) that is considered your… Read More »
California Supreme Court Finds Liability for Tractor-Trailer Parked Along Freeway
On February 28, 2011, the California Supreme Court decided the case of Cabral v. Ralphs Grocery Co. (Docket No. S178799). This is another case revolving around a deadly motor vehicle accident in which a tractor-trailer was involved. See my previous article here: In Cabral, Plaintiff’s husband, the decedent, was driving his pickup truck home… Read More »
New California Case Holds Tractor-Trailer Drivers to Higher Standard
The California Court of Appeal for the First District (which includes San Francisco and neighboring areas), recently decided a case, [Lawson v. Safeway Inc., (2010) 191 Cal. App. 4th 400] holding drivers of tractor trailers to a higher standard than some other motorists. In the Lawson case, the plaintiffs were the driver of a… Read More »
ARE YOU RESPONSIBLE FOR YOUR DOG?
Animal bites are commonplace in our society. In many instances, a person bitten by a dog has a right to recover damages from the animal’s owner or other responsible party. California Civil Code Section 3342 states that the owner of any dog is liable for the damages suffered by any person who is bitten… Read More »
What You May Not Know: 998 Offers
Something that is often encountered in personal injury litigation in California is what is commonly referred to as a “998 Offer.” Clients are constantly surprised by the 998 Offer as many have never heard of it. Code of Civil Procedure § 998 is quite lengthy; however, the part that relates most pertinently to plaintiff’s… Read More »
PROTECTING A LITIGANT’S RIGHT TO PRIVACY
In today’s modern social environment, it has become increasingly important to manage one’s personal and private information in order to protect against identity theft, fraud, and the like. As participants in a lawsuit, plaintiffs and defendants alike are often required to disclose a great deal of personal information, including financial and medical documents, identification… Read More »
Good Communication Can Reduce Lawsuits
Premiums charged by insurers are outrageous! Profit-driven underwriting for professional negligence makes all of us, except the insurance companies, suffer. Although virtually every state has enacted some sort of “medical liability reform” to keep down premiums and financial risk to physicians and medical providers, these reforms, while onerous to the injured parties in many… Read More »
