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Articles Tagged with california

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Electrical-Burn-InjuryIn California, companies that hire contractors and subcontractors are generally not liable when the negligent actions of the contractors or subcontractors cause injury accidents. However, as

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

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nursing home abuse, nursing home neglect, California AttorneyNursing home abuse in California is still a huge problem. By way of example: The case of an 88-year-old Sacramento, California woman found dead in 2013 after living in a residential nursing home was unbelievably tragic. According to press reports, the elderly woman had developed severe bedsores, triggering sepsis–a life-threatening bacterial infection–and ultimately her death.

Who was to blame for this terrible neglect of an elderly Californian?

To the Department of Justice, it was the owner of the elder-care facility in which she had lived for many years. The federal government lodged felony charges, including manslaughter, against the operator. Local media called it one of the first prosecutions of its kind.

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planes, trains, automobilesThe National Transportation Safety Board (NTSB) has just released its “Most Wanted” list, which reflects what it feels should be priorities for transportation safety in the U.S. moving forward into 2014.  These priorities are all well in line with what I see as transportation safety needs for California as well.  They include the following:

  1. Subways, Commuter and Light Rails: The report indicates that there are still active, pending investigations of rail crashes causing injury or death in various light rail incidents across the U.S. including incidents involving Bay Area Rapid Transit (BART) in the San Francisco Bay Area.  As cities in California including Los Angeles and San Diego continue to develop more light rail projects such as the Metro Lines in L.A. or the San Diego Trolley system, there will inevitably be light rail crashes that prompt calls for further safety measures in the Golden State.  Los Angeles intends to extend their subway system further into West Los Angeles / Santa Monica and the San Fernando Valley, for instance and increased ridership will, no doubt result in some additional mishaps.  The key is determining cause in these incidents and trying to use this information to improve railway safety by modifying equipment and / or operational practices.
  2. Helicopter Operations: The NTSB article points out that helicopter traffic continues to increase especially in urban areas as more and more copters are being used for various purposes like law enforcement support, news gathering, medical services, and transportation.  Between 2003 and 2013, there were 1,470 helicopter crashes nationwide, which resulted in 477 deaths and 274 serious injuries.  Urban areas of California like Los Angeles have seen an increase in aviation traffic including helicopters and will no doubt need to heed the call for further safety to prevent such mishaps here in CA.
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child accident attorney, child injury lawyer, los angeles personal injury attorney, California LawRecovering personal injury damages for children in California is one task I enjoy more than just about any other in my role as a injury and accident attorney.   Children are our most precious asset and we should protect them and compensate them when they are harmed by the wrongdoing of another person or business.  This can sometimes be a difficult process but, I can summarize the basics as follows:

What are the most common causes of personal injury involving children?

A child can be injured in any number of ways just like anyone else.  The most reprehensible instances involve intentional abuse or neglect. However, there are also many common types of unintentional injury.  Statistics show that the most likely cause of bodily harm in minors is a motor vehicle accident.  While most injuries occur when the child is a passenger in the vehicle, pedestrian accidents and bicycle collisions also occur at very high rates among kids between the ages of 4 and 14 especially in urban and suburban areas with high traffic like Los Angeles, San Diego and Orange County, CA.  Recent studies have also linked a dramatic rise recently in motor vehicle injuries involving teenage pedestrians being distracted by using electronic devices like cell phones and headsets.  Falls and being struck by objects are leading causes of injury especially for younger children ages 0 to 9 years old.

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California law on punitive damages are the legal remedies provided to the citizens of the Golden State when they are harmed by egregious or reckless conduct. What does California Law say on punitive damages?  To answer this question, we first have to explain what punitive damages are and when they might apply to a claim for personal injury in California.

California Law

What are punitive damages?

These are damages that a defendant in a civil action may be ordered to pay to punish them for particularly egregious conducting including personal injury and employment claims.  They are meant to have a deterrent effect on the defendant from acting in a same or similar way in the future.  They can be awarded to the plaintiff in addition to “compensatory” damages like medical bills, lost wages, and property damage.  Generally the cannot be awarded for a simple breach of contract but, can be awarded in cases such as insurance “bad faith” claims where an insurance company wrongfully refuses to pay a legitimate claim.  In order to obtain such an award against a corporate employer for the acts of an employee, there also needs to be proof that the employer (through a manager or officer) had advance knowledge of the conduct or “ratified” (approved) of the conduct.

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DUI accident claims in California happen with frequency.  In fact, according to the CA Department of Alcohol and Drug Programs, the number of crash injuries involving alcohol has averaged between 10 and 12 percent for the past several years and drivers aged 21 to 24 years comprise 35% of the persons arrested for driving with a blood alcohol content (BAC) of .08 or higher and males are more likely to drive drunk than females.

How do alcohol or drugs affect one’s ability to operate a motor vehicle?

The average BAC of a DUI offender is .15 percent.  As little as .02 percent has been shown to affect motor skills required for driving and the probability of a motor vehicle incident increases from .o5 percent and significantly increases at rates higher than .08 percent, which is the legal limit for adults 21 or older in the Golden State.  Likewise, drugs like marijuana, heroin and opiates such as Vicodin or Oxycontin severely impact the capacity to vehiculate by impairing the sensory perceptions of the operator including delay in perception reaction time.

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What is the process of bringing a personal injury claim in California? As a California personal injury attorney, I find that many people have questions about this process. I would break this down in stages as follows:

From The Date of The Accident to Filing a Lawsuit

Obviously, it is not a pleasant thing to be involved in a car, motorcycle or other type of accident but, if one happens, it usually follows this course:

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California statutes of limitations are deadlines by which personal injury and employment civil claims.  They vary depending upon the type of claim, against whom the claim is brought and other factors.  I thought I would summarize some of the more important ones as follows:

What is a statute of limitations?

Every state has these laws which set forth deadlines for filing lawsuits for civil damages.  The purpose of these enactments is to ensure that “stale” claims where evidence (including witnesses, documents, etc.) are not brought and to encourage people to bring claims in a timely manner.

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