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  • Duties of the Owner to an Invitee’s Injuries in Public or Commercial Properties
  • Preventing Seatbelt Violations is for Your Own Good
  • Tips in Dealing with Speeding Tickets
  • Seat Belt Failure and Defective Seatbelt Claim
  • Remedying Medical Negligence Cases
  • Recovering Wrongful Death Damages in California
  • Prevention and Treatment of Fire and Burn Injuries
  • Common Cases of Personal Injury
  • Product Liability Charges against Manufacturers
  • Processes of Personal Injury Litigation

When it comes to injuries in public or commercial properties, the owner’s responsibility is higher if the injured person is considered an invitee.

An invitee is a type of visitor that is in the vicinity of the property for the owner’s benefit.

Some of the most common type of invitee visitors are:

1. Customers
2. Clients
3. Store patrons

According to the premises liability law, the property owner owes invitees the highest level of care.

The property owner must always exercise reasonable and ordinary care to keep the premises of his property safe for the invitees.

However, there is no exact measure that defines reasonable care.

Under the law, reasonable care is defined as what another person of ordinary intelligence and judgment would have done when under the same situation or circumstances.

Some of the inherent higher duties that fall on property owners to invitees are:

1. Duty to warn invitees about non obvious hazards and dangerous conditions in the premises
2. Duty to use ordinary care in active operations of the property
3. Duty to perform reasonable inspections to discover hazards and dangerous conditions
4. Duty to provide a solution to a discovered hazard or dangerous condition and make it safe.

However, the owner has no duty to warn an invitee if the hazard or dangerous condition in the property is so obvious that the invitee should have reasonably noticed it.

To prove a slip, trip and fall accident as an invitee, you have to prove the following elements:

1. Dangerous condition – First of all, you have to prove that there is a hazard or dangerous condition in the premises of the owner’s property.
2. Notice – This is one of the most important elements of a premises liability case as this is actually where the argument of reasonable care comes in. You should be able to prove that the property owner has known or at least reasonably should have known about the dangerous condition in the property. This involves proving time of discovery and length of time before a solution is provided or adequate warning was placed if solution cannot be provided immediately.
3. Causation – Of course, you also have to prove that the injuries you sustained is proximately caused by the accident that is a result of the hazard or dangerous condition in the property.
4. Damages – Lastly, you have to show that the injuries you sustained resulted in monetary and non-monetary losses.

The burden of proof will still fall on you even if you are an invitee so it is best that you hire the services of a premises liability attorney to help you in your case.

Seatbelts were invented in the late 1800’s to keep car passengers in their seats even during auto accidents. In 1959, the three-point seatbelt was invented because lap-only belts were insufficient in keeping the passenger in his seat, especially in rollover collisions. Since the invention of the three-point seatbelt, it has become a requirement for all vehicles.

With these innovations of the seatbelt, it goes against reason on why many car passengers today still refuse to use them when they are on the road. They do not realize the risks they are taking whenever they drive or ride a vehicle without wearing seatbelts. On the other hand, the government has enacted mandatory seatbelt laws to ensure all drivers wear their seatbelts. Drivers who will commit seatbelt violations would be punished by the law. The following are some seatbelt use violations that are commonly committed by drivers:

• Any vehicle does not have seatbelts. It is required for every type of motor vehicle to have seatbelts for the passengers’ protection.
• Any passenger is not wearing seatbelts. As of January 2010, all passengers should wear seatbelts regardless of their position in the vehicle.
• Car occupants below 18 years old not wearing seatbelts.
• The driver of a vehicle was not able to buckle the seat restraint of a child passenger. It is the responsibility of the driver to ensure that his passengers are all buckled up before he hits the road.
• Seatbelts are only buckled for a short period of time. Seatbelts should always be worn whether the trip is long or short.
• Lap-only or shoulder-only seatbelts. Either of these belts is approved by the law. A three-point seatbelt is the requirement for all types of vehicles.
• Child passengers are using restraints that are not federally approved. Some child seat restraints are composed of low-quality materials that may break or fail to function in a car accident.

If you do not want to pay seatbelt violation charges which would range from $10 to $200 (depending on the state), make sure you comply with the mandatory seatbelt laws in your location. The following are some of the benefits and advantages you can get when you start using your seatbelts correctly:

• Protects you from being thrown from the vehicle
• Helps prevent serious injuries
• Prevents car occupants from hitting the interior of the vehicle, also called the (second collision)

Once you learn and understand the advantages it can give you, wearing a seatbelt would definitely be easier and more purposeful.

One of the most annoying things about driving is being stopped for a speeding ticket.

Dealing with speed tickets can cause you undue stress, and you even have to miss work just to attend court.

That is aside from the fact that once your car insurance provider gets wind that you paid for your speed ticket, they can decide to raise you as a high risk driver then jack up your insurance premiums.

That is why you should get out of a speeding ticket as much as possible, it may be a hassle but just the fact that it will let you avoid higher insurance premiums is worth it.

To help you, here are some tips that you can follow to get out of a speeding ticket:

Be Polite

Once you have been stopped for a speeding ticket; be polite and give the traffic officer the respect they deserve.

The officer may even let you off with a warning.

But even if he does not, your behavior could make an impact on your case.

Check for errors

Many officers fail to follow the required procedures in issuing a speed ticket.

You should also look out for any errors on the ticket itself to see if any of the information is inaccurate

Another error that you can check is if the radar has been properly calibrated.

You may use these errors as a cause to have the tickets dismissed.

Get a traffic attorney

A traffic attorney could be invaluable in checking for possible causes to have your speed ticket dismissed.

That includes helping you find possible errors as stated above

Check if the arresting officer appeared on your court date

The arresting officer has several things to take care of before they testify and there are many instances that the police officer fails to show up on the court date.

If this happens, your attorney can easily argue against rescheduling and he can also use this as a cause to dismiss your ticket.

Talk to the prosecutor

Even before court starts, you and your traffic attorney can make a deal with the prosecutors.

The prosecutor may present other options that will be able to remove your speeding ticket.

Drive safely

Of course the best way to avoid speed tickets is to drive responsibly.

Be aware of the speed limits and your own speed.

By staying within the speed limits, you not only avoid speed tickets but also reduce the risk of being involved in an accident.

Seat belt failure or defective seatbelt may endanger your live and aggravate the injuries that you may suffer from a vehicular accident. It is the responsibility of the car owner or driver to ensure that seat belts are functioning properly before, during, and after using the car. There are also safety belts as well as baby seats to protect young passengers including infants.

Wearing of seat belt at all times can save your life and your loved ones’. However, some seat belts do malfunction and cause harm to the driver and the passenger.

The damages for a defective seat belt are serious, and penalties are higher. Cases of defective seat belt can be pursued through Product Liability claim, provided that sufficient evidence is presented in court. Investigation of a vehicular accident often includes inspection for a defective seat belt.

Product Liability covers Defective automotive parts such as seat belt failure. The Tort law provides strict liability stipulations in which the evidence of a defective seat belt in court absolutely results to concrete penalties, regardless of any excuses. The hazard and damage that a defective auto part causes will be compensated accordingly.

A Personal Injury lawyer can explain the grounds in which a defective seat belt can be used as evidence in court, as a ground for Product liability, or for defending oneself from longer sentence.

Defective seat belts are caused by several factors:

1. Manufacture design

2. Inadequate warning labels

3. Inadequate instructions

4. Manufacture fault

If you or your personal injury lawyer in Los Angeles can gather evidence from any of the above grounds; that can be a strong case for a Product liability claim.

Seat belt failure can cause the following injuries:

1. Head and Brain injuries

2. Neck injuries

3. Spinal cord injuries

4. Chest injuries

5. Arm or hand injuries

6. Face deformation

7. Death

Remuneration for seat belt failure can be compensatory damages or punitive damages. Compensatory damages include payment to the victim, covering medical and hospital bills, therapy fees, loss income, and emotional damages. Insurance generally have a standard formula in computing for the compensation. The court also issues punitive damages when the offender has grave criminal offenses. This involves bigger amount of money.

Seat belt failure can be due to several factors:

1. Defect in buckles or latches

2. Defect in pretensioners

3. Failure in webbing

4. Failure in retractors

5. Defect in anchors

A Product Liability attorney in Los Angeles will help you recover the full amount of remuneration for your claim. An efficient lawyer can negotiate speedier process for your compensation. He or she can also advise you on your rights as a consumer. You can also ask assistance in reviewing your health insurance policy, and check if there are other sources of recovery. Stand up and contend for your rights today.

Every day, many people are treated by healthcare professionals. These professionals are responsible for providing their patients and other clients with high-quality services. Occasionally, things go wrong but in some cases, the reason could be due to sub-standard care, injury due to malicious intent, or because of negligence. If so, it may be possible to make a clinical negligence claim.

What is Medical Negligence/Medical Malpractice?

Medical negligence, also known as medical malpractice, occurs when the treatment provided by a health service provider (such as a hospital, doctor, nurse, etc.) falls below an acceptable standard.

Medicine is a complicated practice and while health service providers are not expected to be absolutely perfect, they are required to exercise diligence and provide quality-standard care. Medical treatments may not always work or be unsuccessful and injuries can sometimes result from them, but that does not necessarily mean that there has been any negligence. Mistakes do happen.

Negligent treatment however, is that which goes beyond being a simple reasonable mistake or error, an act deviated from the accepted standard of care in the medical community – one that may even cause death.

What can Medical Negligence/Medical Malpractice involve?

Medical negligence/Medical malpractice can involve any of the following:

• Wrongful death as a result of malpractice/ negligence
• Delay in diagnosing a condition and/or failure to give treatment or referral for the condition
• Refusing administration of care/ treatment because of no insurance
• Improper administration of drugs
• Not being able to report correctly on test results/ provide appropriate Nursing care
• Misrepresenting credentials/performing procedures they are not licensed to perform, among others

Medical Negligence/Malpractice Claims

The law relating to medical negligence varies, but broadly, the law allows a person to claim compensation if they have suffered physical, psychological or financial harm as a result of negligent medical treatment. This is known as a medical negligence claim.

What would you need to show in order for you to make a claim?

You would have to show the following so that you may be entitled to file a claim:

• Malpractice has occurred or there was negligent medical treatment/care rendered
• The treatment caused an injury or some harm that would not have otherwise occurred

This means that even when a person receives negligent treatment, he/she cannot bring a compensation claim if he/she has not suffered a harm or injury as a result of that treatment. Furthermore, the law sets a threshold determining how severe or significant an injury must be, before a person is entitled to claim damages and seek compensation for the pain and suffering (among other charges) sustained as a result of this injury.

Medical Negligence Lawyers

Medical negligence is extremely complex and it is very important that a specialist’s advice is sought when faced with such.

It is very important to act immediately if you want to pursue a possible medical negligence case. Laws vary from state to state regarding these cases and waiting too long to take any legal action may disqualify otherwise eligible medical negligence cases from being pursued.

In California, wrongful death damages are provided to the surviving family members of an individual who was killed due to a reckless, unlawful, or negligent action of another individual or entity.

Cases may be filed against people, companies, or government agencies and employees when someone was killed after they have performed or have failed to perform an action. These cases are often filed after the occurrence of the following:

• Food poisoning
• Use of defective products
• Exposure to dangerous substances or conditions
• Airplane, boat, cruise ship, truck, bus, car, or motorcycle accident

Proving that a person’s death resulted from another’s negligence can be hard and may require the skills of a personal injury lawyer. This legal expert will help his client have a successful case by establishing the following elements:

• Negligence- The defendant will be considered as negligent if he has performed an action that a prudent individual would not do when placed under the same situation.
• Breach of duty- The defendant must owe an obligation to the victim. For example, a doctor is responsible in keeping his patients safe because his job requires it.
• Causation- The plaintiff must be able to show that the defendant’s action caused the victim’s death.
• Damages- Lastly, it should be proven that the plaintiff suffered from damages as a result of the victim’s death.

The plaintiffs will be entitled to receive damages if they were able to establish the four elements of wrongful death. The different types of damages that they may recover from the party at fault include the following:

• Punitive damages – It is awarded to the plaintiff in order to punish the defendant for his bad conduct.
• Economic damages – It covers the amount of contributions that the victim would have given the survivors if he was not killed in the accident. Economic damages include the following:

1. Damages provided for pain and suffering and mental anguish
2. Loss of protection, care, advice, guidance, nurturing, and training from the victim
3. Loss of companionship and love from the victim

• Non-economic damages- It has more value compared to economic damages though it is less tangible. Examples of non-economic damages include the following:

1. Funeral and medical expenses that are related to the victim’s death
2. The value of services and goods the victim would have provided
3. Loss of the victim’s benefits like his medical coverage or pension plans
4. Loss of inheritance due to the victim’s sudden death

In the course of man’s journey, the discovery of fire marked the end of primitive living and started a new era. Even at present time, fire has become one of the most useful utilities to everyday living easy and convenient for men. However, misuse and mishandling of this resource may pose dangers to the very people who are benefiting from it. Burn injuries are the most common results of negligent and careless use of fire. If you are a parent and you have kids who are prone to acquiring fire and burn injuries, just follow these tips to prevent fire-related accidents:

• Ensure that fire-prevention devices are working. Having safety devices in your house will be useless if they cannot perform their function to secure you and your family. Some of these devices include:

• Smoke alarms
• Sprinklers

• Attend fire and burn safety seminars and lectures. They say knowledge is power. You will never know proper preventive measures and reminders unless you attend seminars and lectures about fire accidents. Just remember to apply your knowledge in order for it to become effective.
• Ensure that materials and buildings conform to fire safety requirements. Your local fire station will regularly conduct checkups on buildings to ensure that electrical wiring will not be the cause of a fire accident. Take action on whatever they will instruct you to avoid accidents.

If you kept all of these pointers in mind but still failed to prevent fire accidents from happening, the following are some first aid guidelines to treat fire and burn injuries:

• Take the person away from the burning area.
• Cool the area where the patient is lying or sitting.
• Check the person’s breathing. Make sure he can breathe before you carry out any first aid procedure.
• Stop any kind of bleeding. Apply pressure only to bleeding wounds and cover them with a clean cloth. However, you may need a different treatment for severe burns.
• Remove any accessories (bracelets, necklaces, rings) before the burn area becomes swollen. Burnt hands, arms, legs and feet often swell within a few minutes after they are burned. Accessories and other objects may cause problems if they come in contact with the burnt area. They may also obstruct blood flow if they get caught in a swollen area.
• Call the ambulance for professional medical help.

Majority of accidents result to injuries and property damages. These accidents often end up in litigation wherein the victim will try to seek monetary compensation for the harm he suffered and the expenses that he had to pay as a result. Personal Injury Law is designed to protect the victims from the offenders and give them proper compensation.

These personal injury claims, however, are a complex process that would require a great amount of time and dedication from the victim. It would also require an expert who could assist the victim with regard to legal matters.

Accidents Resulting to Personal Injury

There are different types of accidents that can lead to filing of personal injury claims. Here are some of the most common instances wherein the defendant has been negligent which resulted to injury, death, or property damage of an individual: car accidents, slip and fall accidents, animal attacks, and medical malpractice.

Car Accidents – Every year, there is an increase in car accident rate and more young drivers are involved in such accidents these days.

According to the Centers for Disease Control and Prevention (CDCP) drivers aged 15-17 are more prone to car accidents than any other age group. They cost the society a whopping $34 billion in 2006.

Car crashes are said to be the leading cause of death among the said age group. There have been 974,000 motor vehicle crashes which involved a teenager, where 2,541 people died.

Studies show that seatbelts are still the most effective basic safety precaution that a driver can take. There are about 9,500 lives saved by seatbelts yearly. But still, only 86 percent of motorists are wearing their seatbelts.

Aside from wearing seatbelts, there are still many precautions that a person can take to avoid getting in collisions:

-       Do not drive while intoxicated

-       Avoid speeding and swerving

-       Be alert

-       Be aware of surroundings

Slip and Fall Accidents – Slipping on the floor of a convenience store and falling in an uncovered hole are just some of the accidents that can result to personal injury claims. A person’s injury depends on the severity of his fall. There are some who break their bones and there are those who sustain serious neck and spine injuries.

The owner of an establishment must keep it free from dangers that could harm others. An accident that happens in a person’s property because of his negligence is his liability.

Animal Attacks – Animal Attacks may sound insignificant but there are animals that can inflict serious harm. There are those who have venoms and rabies that could cause serious internal injuries to a person. Wild animals such as lions and tigers in zoos are the responsibility of the zoo owner. Any injury or death that it would cause, the owner can be held liable in litigation.

Medical Malpractice – Practitioners of medicine took an oath to protect and save patients’ lives. However, there are still who die because of their disease and there are those who die because his physician has neglected his condition. Once proven guilty, the physician will lose his license to practice medicine and could even be imprisoned.

Common Injuries Sustained in Accidents

Injuries depend on the severity of the accident. There are victims who are unscathed and there are those who die in an accident. Here are some of the common injuries:

• Minor injuries such as bruises and cuts
• Brain Injury
• Spine Injury
• Broken bones

Personal Injury Law changes in each state. It governs the penalty and the coverage of the compensation that the offender will have to give. It is important to seek professional legal help so that they can provide guidance and alternatives that the victim can take.

Product Liability is a claim which may filed against any party or all parties involved in manufacturing and distributing a defective product. The party liable for the defective product will have to pay for the damages that the product has caused.

The effects of product malfunction can range from a mild rash to a person’s death. It could also result to life-long sickness and loss of a person’s productivity. The person inflicted with injuries and harm can file a lawsuit against the party responsible for the defective product.

Defective Products

When purchasing a product, the buyer must be assured that the product he will buy is free from any defect and that it has passed the standards of a quality product. However, there are still inferior products out in the market that may cause distress and injury to its users.

A defective product initially pertains only to those products which are definite. This includes inferior products from prescription drugs to heavy equipments and machineries used in construction sites. However, in most states, claims against a defective product which may not be tangible are also approved.

• Intangibles

Products like aerosols, LPG, oxygen tanks and other manufactured gas products that have malfunctioned or have caused injuries to users of the product can also be the base of a product liability claim.

• Naturals

Animals and plants are natural products that a breeder may sell. Injured or harmed buyers of these natural products that are deceived and are not informed by the seller of the products’ capability and dangers can also file for charges.

• Real Estate

Parties involved in building residential or commercial establishments that are unsafe because of weak foundation or defects in the property are liable for any injuries that may be caused by the said building.

• Published Materials

There are instructional materials produced to give guidance to the user. Examples of these written or published materials are maps and guides. However, harm and distress that may be inflicted by wrong directions will be shouldered by the producer of the said material.

Results of Product Defects

Injuries can arise from damaged or defective products. There are those which have lasting effects and consumers even die because of it. Here are some of the common effects of a defective product to its user.

• Allergies and Rashes. These could be signs of a product’s harmful elements. Allergies and rashes are considered to be mild results of products liability as it is temporary and treatable.
• Injuries. Accidents caused by a defective product under prescribed forms can result to injuries that may be minor or major.
• Lasting Illness. Illness and disease that are incurable can be results of defective prescription drugs and medications.
• Death. Death of a person is probably the worse outcome of any product defect.

Manufacturers should always place the safety of the users on top priority to avoid any litigation and claims.

Who can help?

Even if the manufacturer has proven that he has produced quality products, a single inferior product is still his liability. He should make sure that every product he has sold is safe for the consumers and has passed the standards of a quality product.

Though it is common, charges against manufacturers are still hard to prove as there are many steps which are involved in establishing fault. There are different laws in each state that govern product liability claims.

A person who has been a victim of a defective product should consult legal experts who could assist them in the legal process. They could help their clients in getting the compensation they deserve.

Different stages of personal injury litigation require a lot of time and effort from both parties. Thus, it would be wise to carefully plan out your actions against the defendant so that your resources would not be wasted.

Personal Injury Litigation

Accidents caused by the negligence of a person or a company can be used as grounds to file a complaint. Common accidents such as car collisions, medical malpractice, dog bite attacks, and fall accidents entitles the victim to receive compensation for the damages and expenses that resulted from it.

Litigation starts with the careful planning of actions. A good personal injury lawyer can lay-out the procedure to his client and explain the evidence they will present in order to win their case.

Demand Letter

A demand letter from the plaintiff’s lawyer will be sent out to the other party to attempt to settle the claim before proceeding with the litigation. In response, the offender or his lawyer will send back a letter for three things: to negotiate a settlement, deny his liability, or agree to pay the asked amount.

Out-of-Court Settlement

Since court proceedings will be troublesome to both parties, many try to negotiate so that expenses and hassles would be lessened. A lawyer can advise his client of a reasonable amount that they can settle for.

It is crucial for the plaintiff not to negotiate with the other party by himself as he might disclose information that would weaken his claims. A lawyer can always guide and control his client’s statement so that his claim would not be jeopardized.

Filing the Lawsuit

No litigation can proceed without the plaintiff’s formal complaint filed with the court. It outlines the case and provides basis for the legal action. Indicated in the complaint is the identity of both the plaintiff and the defendant and the amount that the plaintiff is asking for.

Summons and Counter Claims

Summons to the defendant are served by the court to notify him of the case and give him a chance to file his response to such claims. Counter claims can also be included in the defendant’s response to the complaint which indicates his claims against the plaintiff.

Discovery

This is when all pieces of evidence to be used in the litigation are presented by both parties so that they can prepare their defense regarding the said evidence. It may include documents, deposition, witness accounts, and others that the lawyers would wish to use.

Pre –Trial Conference

The judge assigned to the case may convene both parties before the trial in order to settle allegations that the defendant accepts and those which he still denies. This would narrow down the issues to be discussed in the trial.

Trial

Evidence gathered in discovery period will be challenged in front of the judge or jury who will decide on the case.

Judgment

After the trial, the judge or a jury can present their verdict which grants or denies the complainant of his claims.

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