Is the Government Protected in a Premises Liability Lawsuit?
The details of a premises liability injury claim matter greatly in any case, and possibly even more so in a claim against a government entity. Government agencies and their employees do have a level of immunity in some instances, but the general laws regarding premises liability and personal injury still apply when claims are filed. These seemingly small issues can also have a major impact on a personal injury claim, and it is always vital to retain effective legal representation from a Los Angeles premises liability attorney who understands what to expect as a defense. General Premises Liability Claim Rules The same rules establishing responsibility for a personal injury apply to the government as well as private property owners or business managers. Your premises liability lawyer Los Angeles must prove the respondent had a duty of care and the respondent failed in that responsibility either by action or inaction. Once the general responsibility is proven, the next step will be determining if the claim was filed within time limitations and whether or not the government was immune from the claim. The amount of time allowed for a personal injury claim submitted to a government agency is much shorter than a standard injury claim, and cases can be summarily dismissed for not meeting the deadline. Additionally, the agency also has a response window that must expire before a lawsuit can be filed. When Immunity Applies While physical structure rules may apply in general, actions by employees that are performed as part of their job duties will typically exempt the employee from illegal action. Employees must intentionally go outside of their job requirements to deem the government responsible for an injury. Details are significant in determining liability, and your Los Angeles personal injury lawyer from Gutierrez Law will understand how to craft a case using applicable material case facts that could counter immunity claims from the government agency. Potential Damages Financial damages can also be different in a personal injury claim against the government. Standard compensation for medical bills and lost wages when they apply can be claimed, and general damages for pain-and-suffering are available as well. However, punitive damages are often not available for the typical premises liability injury claim. Contact an Experienced Premises Liability Attorney Los Angeles While personal injury claims can be submitted to a government agency without legal counsel, this rarely bodes well for the claimant. Always retain an experienced premises liability attorney like Gutierrez Law Firm who have a solid track record of results for their clients when dealing with the government.
Read moreSteps to Take After a Slip and Fall
No one anticipates getting into a slip and fall accident. A slip and fall accident can create a lot of stress for you. However, it can be a lot easier for you to deal with the aftermath of a slip and fall accident if you know what to do ahead of time. Get Medical Attention It is imperative that you seek medical attention after a slip and fall accident. Not only is this important for your own safety but you will need a doctor’s report to support your claim. If you do not go to the doctor, then the insurance company may say that your injuries were caused by something else. It is also important to note that some injuries may not show up right away. You may be hurt worse than you think. Inspect the Scene You will need to inspect the scene in order to determine what caused you to fall. Was there water on the floor? Was there a sign that said the floor was wet? Were there many people in the place at one time? Those are some of the things that you will need to take note of. Take Photographs Photographs will provide you with additional evidence. You will need to take photos of the area, the floor and surrounding areas. Identify Witnesses Witnesses can support your claim. That is why it is important to interview witnesses. Make sure that you get their contact information. Make Official Reports Many businesses require that a report be made every time that an accident occurs. If this report is on file, then the other side cannot claim that you did not take the claim seriously. Write Everything Down You may forget important details. That is why it is important for you to write everything down. Work With A Los Angeles Slip and Fall Attorney If you decide to file a claim, slip and fall settlements require a lot of experience, therefore, you will need to to work with a slip and fall lawyer Los Angeles. A Los Angeles personal injury lawyer will help ensure that the claim process goes smoothly. They will also ensure that you get the maximum compensation possible.
Read moreBrain Injury Symptoms
Traumatic brain injuries are some of the most serious types of injuries out there, but the signs and symptoms of them can be subtle. If you suspect that you might have sustained a traumatic brain injury, then a head injury lawyer Los Angeles will be able to assist you. Before you retain a brain injury lawyer Los Angeles has, it’s a good idea to evaluate yourself to see if you have any of the symptoms of a brain injury. Some symptoms include loss consciousness, decrease in consciousness, convulsions, seizures, double vision, clear fluids draining from your nose and ears, nausea and vomiting. You might also be suffering from a traumatic brain injury if you’ve recently been in an accident and you start experiencing difficulty when awakening, as it traumatic brain injuries result in it being much more difficult to wake up. Additionally, traumatic brain injuries can cause you to have neurological defects, such as slurred speech, loss of balance and weakness in your arms, legs or face. If you have any of the above symptoms after being involved in an accident or if they worsen over time, you should seek medical help immediately. Some conditions can progress fatally, and it’s better to be safe than sorry. Other symptoms that you’ll want to monitor and check on, especially if they worsen after you’ve been involved in an auto accident, include headaches, memory problems, depression, anxiety, mood changes, sensitivity to light and sounds and so on. You might also experience slowness when reading, eating, thinking and so on, in addition to countless other symptoms. Basically, if you suddenly notice any symptoms that you don’t usually have and they keep getting worse after you’ve been involved in an accident, then you could be suffering from a traumatic brain injury and need to have a medical professional check on you. If you have suffered from a traumatic brain injury, then you could be entitled to compensation for your injuries. A Los Angeles brain injury attorney can evaluate the circumstances surrounding your accident to determine if another party could be held accountable for your injuries. If a Los Angeles personal injury lawyer thinks that you have a case, he or she will be willing to fight to secure you a settlement that could help you cover the cost of medical expenses and compensate you for any loss wages, along with physical and emotional trauma.
Read moreSigns of an Aggressive Dog
Sometimes it is difficult knowing whether your dog is simply being dominant and playful or if it is actually being aggressive. A Los Angeles dog bite lawyer will tell you that any dog has the ability to become aggressive. Different factors will come into play when it comes to a dog’s aggression levels. Genetics can be a deciding factor, but it is also important to remember that breed stereotypes are not always correct, such as the reputation that pit bulls get for being aggressive. Other factors, such as personality, obedience training, and home environment can all cause aggression in dogs. If you are a victim of aggression from a dog, a dog bite lawyer Los Angeles can help. Signs of Aggression to Watch For There are a number of signs to look for if you are worried that your dog is being aggressive, according to a dog bite attorney Los Angeles professional. A dominant dog may block the path of a person or another dog, insert themselves between their owner and another person, or stop eating or drinking when someone approaches them. Aggression may be shown by males who mount other dogs or people or by lunging at someone who comes near them. They may also demand constant attention and protect their sleep area fiercely. Some dogs will show aggression by coming up to another dog and then placing their head on top of that dogs back or shoulder, as well. It is important to remember that most dogs will display signs of aggression at one time or another. An incident here and there is not really a big deal; however, you should always closely monitor your dog if they display the above signs. A Los Angeles personal injury lawyer will be able to inform you if you have a case due to an aggressive dog. What to Do if a Dog is Aggressive A Los Angeles dog bite lawyer can help you figure out whether or not you have been the victim of an overly aggressive dog. If you own a dog that is showing signs of aggression, you will want to discourage their behavior with the right training and diversions. A dog bite lawyer Los Angeles professional will suggest that dog owners take their dogs in for obedience training if they are having trouble training the dog themselves. Normal socialization, such as barking, jumping, and growling, can also be regarded as aggression. If a dog repeatedly shows these signs of aggression and you believe that it is more than just typical excitement, contact a professional for help. It is not always easy to diagnose aggression in a dog, especially when they are young and not socialized. A Los Angeles Personal Injury Lawyer can Help A dog bite attorney Los Angeles professional is there to help fight injuries and hospitalizations due to aggression from a dog. When in doubt, contact a lawyer today.
Read moreSafety Tips For Drivers And Pedestrians
Safety is a responsibility that is shared by all road users, pedestrians and drivers alike. There are a number of things that pedestrians can do in order to increase their safety. First of all they have to be visible to other drivers, and thus they have to make themselves seen – this is especially important at night. People should cross the street in a well-lit area and stand clear of parked cars, hedges, buses or any obstacles in order for the drivers to see them. When walking at night, it’s ideal to carry a flashlight and/or to wear light/bright colored clothing as well as reflective materials. It’s always important for pedestrians to avoid dangerous behaviors. If you’re crossing the street, do not assume that the vehicle will stop. If possible, try to make eye contact with the drivers, to see that they are not on the phone and they are paying attention to the road. While drivers have an obligation to obey pedestrian signals, it’s important to not rely solely on them and to be careful when crossing the street. When you’re in a parking lot or near on-street parking spaces, you should be alert to backup lights or engine noises in order to stay safe – as the driver might not see you when backing up. Additionally, do not wear headphones and do not talk on your phone while you’re crossing the street. There are things that drivers can do as well in order to be more responsible and avoid anything unfortunate from happening. Drivers should watch for pedestrians at all times, scanning the road and the sides of the road. Before making a turn and before backing up, it’s also important to look for pedestrians. It should also be noted that you have to try to be prepared to stop for pedestrians at any time. In addition, be extra cautious when you’re driving near older pedestrians or near children, as they might not hear or see you. It goes without saying that you should never drive under the influence, and obey speed limits at all times. Additionally, yield to pedestrians in crosswalks, and do not block or park in crosswalks. If something unfortunate does happen, a quick search for ‘pedestrian accident lawyers Los Angeles’, ‘pedestrian accident attorneys Los Angeles’ or ‘personal injury attorney Los Angeles’ should lead you to our site – Gutierrez Law – where our team of Los Angeles pedestrian accident lawyers is ready to handle your case.
Read more10 Common Causes of Airplane Accidents
Air travel for leisure is a growing interest for many people. As future pilots partake in flying planes, it is important to be aware of common causes of aviation accidents. If an accident occurs, an aviation accident lawyer in Los Angeles should be contacted so that they can explain the rights and responsibilities of all parties involved. The following is a list of 10 common causes of aviation accidents: Losing control during flight The loss of control of an aircraft occurs when a mechanical error takes place, making it impossible for the pilot to control the airplane. Controlled flight into land In this instance, a pilot has control, but lands in a way where the airplane abruptly comes in contact with the ground, trees, etc. Power Plant failure When there is an issue with the right cylinder of an airplane’s engine, this failure causes the plane to stop working mid-flight. A pilot should try to make the safest land possible if this happens. Low altitude operations If the plane’s functions are checked while the plane is too low to the ground, an accident can occur. Unknown causes There are times when the cause of an accident is unknown, so the cause is listed as such for reporting purposes. Flight missed point of approach If a pilot attempts to descend the plane, but misses the point to land, this can cause a crash. Fuel exhaustion An aviation accident can happen when the plane runs out of fuel and stops working properly. Indicator failure If meters and indicators fail to work properly, the pilot is unable to operate the plane correctly. Accidents with other airplanes If aircrafts happen to be in the same area of airspace, non-communication can result in the two crashing into each other. Weather Severe weather plays a major role in airplane accidents. Pilots should always check weather warnings before flying. It is crucial for pilots or passengers to have an airplane accident lawyer in Los Angeles in the event that legal expertise is needed. As a personal injury lawyer in Los Angeles, the Law Offices of Oscar H. Gutierrez can answer any questions you may have.
Read morePoor Property Maintenance (Premises Liability)
Have you suffered an injury while on private, public or commercial property? If the answer to the question is yes, then the accident may have occurred as the result of a lack of property maintenance. People who have been injured on defective property can hire a Los Angeles premises liability lawyer. Types of Building Maintenance Issues Property owners are responsible for making sure that the property is safe. There are a variety of things that can cause an injury including the following. – Wet, slippery or cracked walkways – Dangerous clutter – Poor swimming pool maintenance – Collapsed buildings – Inadequate handrails – Escalator and elevator handrails – Shoddy construction Who is Responsible for the Injuries? It can be difficult to determine who is responsible for an injury. That is why it is a good idea to hire a Los Angeles premises liability attorney. They have the legal knowledge that is necessary for determining fault. They can also help you get compensation. The owner’s insurance company will try to work in the best interest of their client. You need someone who will stand up to the insurance company and look for your best interests. You may be able to get compensation for lost wages, medical bills and future medical expenses. A Premises Liability Lawyer Los Angeles A personal injury attorney in Los Angeles is able to help people who have been injured due to a lack of building maintenance. You will need to contact the attorney. They will be able to give you a free consultation and will be able to evaluate your case and determine how much it’s worth. Your attorney will be by your side the entire time. They will also defend your interests. Contact your attorney today so that they can start working on your case.
Read moreSome Common Types of Child Injuries
Most parents are well aware of the fact that children are clumsy and prone to injury. However, some children can suffer from serious injuries. A child can be seriously injured at a park, school or daycare. It can be frustrating to see a child in pain from an injury. That is why many parents choose to contact our personal injury lawyer in Los Angeles after their child has suffered an injury. Types of Injuries Most children are able to recover quickly from injuries. However, injuries should still be taken seriously. These are some of the most common types of child accidents and injuries: Car Accidents Many children are injured because a car cannot see them. The car may back up and hit them. This is the top cause of death in children who are under the age of 14. It is a good idea to hire a car accident lawyer in Los Angeles if your child was injured by a car. Animal Bites There are 80 million dogs in America. Most pet owners are responsible, but there have been cases where dogs have bitten children. This can result in serious injury or death. It is estimated that 70 percent of people who are victims of dog bites are children. Unsafe Playground Accidents Even if children are supervised, they can still suffer an injury. Inadequate equipment maintenance, regular wear and tear, defective design and improper use are some of the causes of playground injuries. It is estimated that 200,000 children are treated at the emergency room for a playground injury. Strangulation and falls are two of the most serious injuries. Other injuries include concussions, spinal cord injuries, broken bones and poisoning. If your child has been injured due to defective equipment or negligence, then you will need to contact a child injury lawyer.
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