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Articles Posted in Accidents

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Parking-Lot-Accident-LawyerProperty owners and occupiers in Los Angeles have a duty to maintain their premises in reasonably safe conditions to protect lawful visitors from being injured. This duty can sometimes extend to the adjacent, publicly-owned property when the property owner has exercised control over it in some way and has created or contributed to the dangerous condition. In Lopez v. City of Los Angeles, Cal. Ct. App. Case No. B288396, the appeals court considered a case in which it was unclear whether a property owner had exerted control over a portion of a city-owned sidewalk that abutted against its driveway and caused the plaintiff to suffer serious injuries.[1]

Factual and procedural background

Jose Luis Lopez, Jr. was walking in the rain in Feb. 2014. When he came to the driveway leading to Wally’s Wine & Spirits, Lopez stepped in a pothole that was filled with rainwater. This caused his ankle to dislocate, and he tore three ligaments and broke two bones. Wally’s Wine & Spirits leases the facility to store wine for restaurants and a liquor store. Traffic in the parking lot is limited to delivery vans and vehicles of customers who pay to store wine in a temperature-controlled room. The property is managed by the Northern Trust Bank of California and is owned by the Marvin A. Kahn Deceased Trust.

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wrongful-death-traffic-accident-claims-Los-AngelesMany people in Los Angeles are killed or seriously injured in automobile accidents every year. To try to lower the high rates of traffic fatalities, the city implemented the Vision Zero policy in 2016. This policy’s goal is to reduce traffic fatalities in the city to zero by 2025. However, the number of accidents and traffic deaths have continued to increase despite the policy. When people are killed in accidents in Los Angeles, their family members have a right to file lawsuits to recover monetary damages when the accidents are caused by other people or entities. While these types of accidents may be caused by many things, the following are the top five causes of fatal collisions in Los Angeles as revealed by Vision Zero’s Safety Study for Los Angeles in 2017.

1. Speeding

Driving at high speeds was the leading cause of traffic deaths in Los Angeles in 2017. When drivers drive at high speeds, their visual fields narrow. This makes it more difficult for drivers to see others in their peripheral vision. Driving at high speeds also makes it more difficult to stop in time to avoid an accident. When a car’s speed is doubled, its braking distance increases by four times. The combination of a reduced visual field and a longer distance for braking makes speeding the most common cause of fatal accidents.

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Los-Angeles-Slumlord-Injury-AttorneysIn urban areas of California like Los Angeles, slumlords take advantage of tenants by failing to keep their properties in a reasonably safe condition. When landlords fail to make repairs or to maintain their properties, tenants who are left to live in uninhabitable conditions may have grounds to file lawsuits. In Williams v. 3620 W. 102nd Street, Inc., Cal. Ct. App. Case No. B297824, the appeals court considered whether an arbitration clause contained in a residential lease should compel the parties to arbitration rather than allowing the tenants to pursue their rights through litigation.[1]

Factual and procedural background

Keisa Williams signed a lease in March 2014 to rent an apartment located at 3620 W. 102nd Street in Los Angeles with Rubin Womack. The two lived in the apartment with Williams’ two children and another person. In 2015, the lease was renewed. The tenants filed a lawsuit against the owners in Oct. 2016 claiming that they had violated the warranty of habitability and had engaged in negligence because of a lack of pest control in their apartment and in the building’s common areas. The tenants alleged that their apartment was infested with bed bugs and had several other problems that the owners had failed to correct. Because of the bed bugs, the tenants alleged that they had suffered personal injuries and property damages.

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https://i2.wp.com/www.victimslawyer.com/blog/wp-content/uploads/2020/08/Amazon.com-Injury-Lawyers-California.jpg?resize=300%2C200&ssl=1In California, the manufacturers of defective products are strictly liable for injuries that are caused by the defects to people who use the products in the manner in which they were intended. The state extended strict liability to retailers of products in 1964. However, online retailers, including Amazon, eBay, Etsy, and others, have relied on a loophole to escape strict liability. If passed and enacted, a new assembly bill would erase the loophole and expose online retailers to liability when defective projects that are sold on their platforms by third-party sellers injure consumers.[1]

Proposed legislation to end defective products loophole

California AB 3262 was introduced by Assemblyman Mark Stone (D-Santa Cruz) on Feb. 21, 2020.[2] This law would extend strict liability for defective products to online retailers. Currently, product designers and manufacturers are strictly liable for injuries caused by their products. Brick-and-mortar retailers are also liable when they sell products to consumers that are defective and cause injuries. While laws have been in place to hold retailers accountable when they sell defective products that injure consumers, online retailers, including Amazon, Etsy, and eBay have been able to rely on a loophole to escape liability.

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million-dollar-lawyer-Los-AngelesIn California, landlords owe a duty of care to their tenants to correct hazards that they know about or reasonably should discover on their property. However, this duty does not extend to hazards created by the tenants that the landlords do not know about and could not have reasonably discovered. In Lin Joon Oh v. Teachers Insurance and Annuity Assn. of America, Cal. Ct. App. Case No. B297567, the court considered a case involving a tenant’s handling and storage of hazardous chemicals on its leased premises and whether the landlord was liable to pay damages.

Factual and procedural background

Ji Hoon Oh was employed by I.B.S. Beauty Co., which leased the property from Teachers Insurance and Annuity Association of America. The property was managed by Cushman & Wakefield Management Corporation and consisted of part of a building in an industrial complex in Santa Fe Springs, California. IBS initially leased the property from TIAA in Oct. 2017 and subsequently renewed the lease multiple times. The last renewal of the lease occurred in Oct. 2015. IBS sold a hair product called MOA Oil and stored it in 55-gallon drums in the facility. The drums did not have markings to indicate that the chemicals were hazardous or volatile.

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Los-Angeles-Car-Accident-LawyerIf you are injured in a motor vehicle accident in California that results from the negligence of another driver, you may be entitled to recover damages for your losses. However, your ability to recover damages may be limited if you were driving an uninsured vehicle when you were injured. This is because of a California law that limits the ability of uninsured motorists to recover damages for their non-economic losses. While this law prevents people who do not have insurance from recovering all of the damages to which they would otherwise be entitled to receive, there are multiple exceptions. Getting help from an experienced accident attorney in Los Angeles may help you to recover fair compensation for your losses.

What is Proposition 213?

Proposition 213 is a law that was passed in 1996 in California. The insurance industry spent millions of dollars lobbying for this law to be passed. Insurance companies have been able to enjoy billions of dollars of added profits by avoiding paying non-economic damages to injured drivers who were driving uninsured vehicles at the time of their collisions. Proposition 213 is codified at Cal. Civ. Code § 3333.4, which reads as follows:

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ride-share-uber-lyft-los-angelesUber and Lyft have become so ubiquitous that people might have trouble remembering the time before either app was available in Los Angeles. However, Uber was founded in 2009, and Lyft was founded in 2012. Even though these and other ride-share apps are relatively new phenomena in LA, people have come to rely on these types of services to get to where they want to go at a cheaper price than hailing a taxi.

While there are other ride-sharing apps available, Lyft and Uber dominate the market. The popularity of these apps has led some major car manufacturers and rental companies to partner with Uber or Lyft. While there are exceptions, many people are choosing to use ride-share apps instead of hailing taxis, riding on public transportation, or using their vehicles during their daily commutes in LA. This has resulted in people comparing prices between Uber and Lyft as they try to determine which app offers better prices.

The cost of using ride-share apps widely varies from location to location. However, these apps are much cheaper than taxi services regardless of where you might be located. In addition to comparing prices, you should also understand your rights if you are injured in an accident caused by a Lyft or Uber driver.

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Covid-19-Worker-Injury-Attorneys-Lawyers-CaliforniaAs work injury lawyers, we know that the COVID-19 pandemic has swept across the nation and has resulted in many infections and deaths in California and other states. As the state begins to reopen and more people return to their jobs, many people are concerned about what might happen if they get infected at work. Recently, Governor Gavin Newsom signed an executive order that makes it easier for people who contract COVID-19 while working to recover workers’ compensation benefits.

Governor Newsom’s executive order

On May 6, Governor Newsom announced that he had signed an executive order to allow workers who are diagnosed with coronavirus disease to recover workers’ compensation benefits.[1] The order makes a rebuttable presumption that people who work outside of their homes and contract COVID-19 were exposed to the virus at work. Before the order, workers had the burden of proving that they contracted their illnesses while they were working on the job. This order instead places the burden on the employers to prove that their employees contracted the disease while they were not working.

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lyft-accident-attorneys-injury-lawyersIn California, people who are injured by workers who are acting within the scope and course of their employment at the time of their accidents may recover damages from the employers under a legal principle called respondeat superior. Under this principle, employers are liable for the negligent actions of their employees. However, an employer is not liable for the actions of its employees when they are not working. In Marez v. Lyft, Inc., Cal.Ct.App. Case No. A156761, the California Court of Appeal reviewed the dismissal of two complaints against Lyft in which the plaintiffs alleged that a Lyft driver’s accident happened while he was working and that Lyft should be liable for their injuries and losses.

Case background

In 2015, Jonathan Guarano started working as a driver for Lyft. While he initially drove his personal vehicle, he started driving a vehicle that he rented from Hertz under a program through Lyft called the express driver program. To rent a vehicle from Hertz to drive for Lyft under this program, a driver must choose a pre-approved vehicle and drive at least 20 hours per week. In exchange for driving a Hertz rental vehicle under this program, Lyft drivers receive several incentives. When he made enough money to cover the cost of the rental vehicle, Lyft paid for the rental by deducting it from his paychecks. When he did not make enough money, he paid for the cost out of his pocket. Guarano used the rental car for both personal and work use.

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Despite decades of educational campaigns and enforcement efforts, drunk driving continues to be a problem in California and across the U.S. When people go out for drinks, they sometimes wrongly believe that they are okay to drive instead of calling cabs or ride-shares to get home safely. People who choose to get behind the wheel when they are intoxicated place themselves and others at risk. Unfortunately, this does not deter some people from driving drunk. When people are seriously injured or killed in drunk driving accidents in Los Angeles, the victims and their family members may be entitled to recover damages by filing personal injury or wrongful death lawsuits.

Drunk driving accident and arrest statistics

A review of statistical data by Smart Advocate from 2009 to 2018 compared drunk driving arrests in large cities across the U.S. In Los Angeles, there was an average of 1,804 drunk driving arrests per 100,000 people each year during the 10 years. Los Angeles has experienced a steady decline in the number of drunk driving arrests since 2009. In 2018, the total number of DUI arrests in the city was 4,755. By contrast, the total number of DUI arrests in 2009 was 9,020. While this is a substantial improvement, Los Angeles still ranked number 16 among the cities with the greatest number of DUI arrests in the U.S.

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