As Meleski vs. Estate of Hotlen, Cal. Ct. App. Case No. C080023 shows, plaintiffs who prevail at trial may also recover their costs in addition to the policy limits in cases in which the insurance companies refuse reasonable settlement offers. Parties are encouraged to resolve their legal disputes through settlements. When they fail to do so, the parties that refused to settle for reasonable amounts may be ordered to pay the costs of the parties that prevail.
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Sandoval v. Qualcomm Inc., Cal. Ct. App., Case No. D070431 shows, there is an exception to the general rule. When the hiring companies have negligently retained control of the safety conditions at the facilities, the hiring companies may be liable to pay damages if their negligence was a contributing factor to the resulting accidents and injuries. If you have suffered an injury while working for a contractor at a job site, you might want to talk to an experienced lawyer to find out if you might have the basis to file a legal claim against the hiring company.
Factual background of the case
Overview of the car rental service
Turo Inc. is a company that was originally founded in Boston, Massachusetts in 2009 and is now headquartered in San Francisco, California. The company offers an app that people can use to list a car rental or to rent a vehicle. People who want to rent cars can sign up with their email addresses, Facebook accounts or Google accounts. After submitting photocopies of their drivers’ licenses, they are able to browse and book vehicles. The owners who have listed the cars can take up to eight hours to respond and may accept or decline the booking. Once a booking is accepted, the renter and the vehicle owner arrange to meet and exchange the vehicle. The owners can choose to purchase accident insurance from the company at the time that they rent out the vehicles or may opt to waive coverage if they have their own policies. Turo states that people who rent vehicles on their website do not have to have their own insurance policies.
Wearing bicycle helmets every time that cyclists ride their bicycles can help to protect them from severe injuries when they are thrown from their bicycles or struck in the head in accidents. Unfortunately, however, cyclists must be careful when they purchase bicycle helmets. According to a report in NPR, counterfeit bicycle helmets that do not meet U.S. safety standards are flooding the market via the internet.
Why counterfeit helmets are dangerous
Peter Hass was a man who participated in the 2011 Kaiser Permanente San Francisco Half Marathon. After he crossed the finish line, Hass suffered a heart attack and subsequently died. The organizer of the event, RhodyCo Productions, provided production services and event management for the half-marathon from 2006 to 2011. RhodyCo Productions had to submit an emergency medical services plan to the city in order to get the permits to close the streets. The plan said that medical services would be provided by American Medical Response and the Palmer College of Chiropractic – West. The plan said that PCCW would supply event-trained medical personnel who were students with CPR certifications. It also said that there would be med tents located at several places, including at the finish line and that the head clinician, a chiropractic doctor, would be located in the postrace tent on the day of the race. In other parts of the plan, it stated that there would be one medical doctor and six emergency medical technicians at the finish line along with an automatic external defibrillator.
New speed limits announced
Mayor Eric Garcetti announced that the city was implementing new speed limits on 71 different streets around Los Angeles on Feb. 28. The new speed limits were implemented in an effort to address the city’s high motor vehicle fatality rate. Garcetti stated that the new speed limits would also come with increased enforcement efforts in order to gain higher compliance with them. He also stated that many drivers in the city simply drive with the flow of traffic and have no idea of what the speed limits are on the roads on which they travel. Most streets did not have their speed limits changed. However, 45 streets had their speed limits decreased while 26 had their limits increased. The mayor indicated that the changes were necessary to reduce the city’s fatality rate even further with the goal of reaching zero fatalities by 2025.
In California, the family members of people who are killed while they are working may recover benefits through workers’ compensation. When the accidents are caused by the negligence of third parties, the families may be able to file third-party lawsuits against the third parties in addition to their workers’ compensation claims. In some cases, failures to act may be compensable if they are negligent. In Peredia v. HR Mobile Services, Inc., Cal App. # F074083, the court ruled that a third-party safety consultant could be held liable for omissions if the plaintiff is able to prove all of the elements of the negligent undertaking by the consultant.
Factual background of the case
Oscar J. Perdia, Jr. was a 19-year-old man who was employed by Double Diamond Farms. Double Diamond Farms had hired HR Mobile Services to help the farm with workers’ compensation issues, training, loss prevention and human resources. HR Mobile agreed that it helped Double Diamond with workplace safety issues. Double Diamond Farm paid HR Mobile $24,000 per year for its services.
Despite Mayor Eric Garcetti’s ambitious Vision Zero program, which he launched in August 2015 in a drive to reduce traffic fatalities to zero by the year 2025, bicycle and pedestrian fatalities in Los Angeles have increased. In 2017, 245 people were killed in traffic accidents in the city, and 60 percent of the people who died were walking or riding bicycles at the time of their collisions. This was almost twice the number of people who were killed in traffic accidents in the city in 2016, underscoring the need for further attention. A group of cyclists has become politically active in an effort to get better safety measures in place.
Frederick Frazier accident
In April 2018, Frederick Frazier, a 22-year-old man, went for a ride on his bicycle. Frazier turned onto the far right-hand side of Manchester Boulevard. He was riding his bicycle between the cars that were parked along the right side of the road and the traffic when a white Porsche sped up behind him. Instead of slowing, the Porsche increased its speed behind him as was revealed by a video of the traffic. The Porsche struck Frazier and his bicycle hard enough that the force of the crash broke his bicycle in half. The Porsche’s driver did not stop and instead drove away, leaving Frazier to die in the street. Frazier’s hit-and-run accident was the first one of four that would occur over the next six days. It also was the type of bicycle collision that we have previously highlighted as being among the most dangerous. Cyclists are often struck when they turn right onto busy surface roads such as Manchester.
Factual and procedural background of the case
A helicopter was being piloted in Prescott, Arizona over the Verde River in June 2012 when it hit a suspended cable that was not marked. The cable was 40 feet up in the air over the river. The United States Geological Survey had installed the cable in 1934 to collect water samples and streamflow measurements. It had been used continuously since 1988 and was nearly invisible from distances of 100 feet away. Despite this, the USGS never marked the cable or added warnings about it because the cable did not meet the agency’s guidelines for marking.