Different Types of Premises Liability
Premises liability is the legal term relating to when something occurs on personal or business property. When an accident occurs, the injured person has a right to sue the property owner. There are different types of premises liability that exist: Slips and Falls Slips and falls can occur on dry ground along with ice or mud. Suing the property owner is successful only if he or she is proven to be negligent. Poor weather conditions cannot be included in a lawsuit; however, an improperly maintained building can be. Dangerous Property Some accidents are caused by one or more dangers on the property. Uneven sidewalks or potholes in the road are common problems. A poorly maintained building could result in slips and falls, electrocutions and toxic inhalations. Faulty Equipment Poorly maintained buildings have malfunctioning equipment that is dangerous to use. There could be a malfunctioning elevator or escalator that moves too quickly or switches on and off without warning. A faulty electrical system causes all sorts of problems, including electrocutions. Lack of Security An open building is vulnerable in an unsafe part of town. Any intruder is likely to walk in and commit a robbery or assault. When this happens, an injured person can file criminal charges against the attacker and file a civil suit against the property owner. Most accidents are preventable when a good security system is set in place. Animal Attacks A homeowner who is a pet owner can be sued for an animal attack. A premises liability lawyer proves negligence if the owner failed to secure the animal properly. Another issue is when no sign was present to warn of an aggressive animal. Flooding Property owners cannot prevent natural disasters from occurring. However, they can prevent man made floods that are caused by water leaks. These floods may carry dangerous bacteria and cause electrocutions if live wires are present. Any dangerous situation that results in an injury is a part of premises liability. Know that the law treats the same situation in different ways. Hiring a personal injury lawyer in Los Angeles is important because most areas of law are more complicated than they appear on the surface. Obtain the compensation that you need to overcome an accident. Call Now.
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Top 5 Dangerous Places in Los Angeles for People Walking
Historically, Los Angeles has not necessarily been known for its walkability. However, in recent years, the city that once reigned as the king of car culture is becoming more green. To save money and preserve the planet, some residents have even gotten rid of their vehicles. Unfortunately, some of the drivers in the city have not adjusted to the rise in pedestrians. It’s not a surprise that pedestrian accident attorneys are busy. Here are five of the spots causing the most trouble for people who walk around Los Angeles. Hollywood & Highland: Full of tourists, this is an area that sees a lot of foot traffic—and a lot of pedestrians being hit. Drivers in this area are urged to heed the signals and practice extra care while driving in this area. After all, many of the tourists may hail from outside of the United States. They may even be unfamiliar with our signs. As pedestrian accident lawyers in Los Angeles , we will tell you to be more cautious while walking the streets of LA and avoid an accident. La Cienega & West Pico: Many Orthodox Jewish people live in this neighborhood, which means that foot traffic tends to be on the higher side—especially on Sabbath and high holidays. Drivers on their way south to the 10 Freeway may be careless as they rush to their homes or jobs. Paying attention is critical at this intersection. Hollywood & McCadden: Again, tourist foot traffic can be problematic for distracted drivers in this area. Close to several attractions, such as The Wax Museum, this intersection is not very well lit. Those who are walking should look both ways before crossing; otherwise, they may find themselves having to call a personal injury lawyer in Los Angeles. Western & Fountain: Although residents have reported a non-functioning traffic signal at this intersection, crews have not been dispatched to fix it. If drivers assume they have the right of way by checking the pedestrian walking signal instead of checking to see if anyone is trying to cross, they may hit a pedestrian. Western & Florence: Further south on Western, drivers have to contend with pedestrians who are trying to make it to their buses. As a busy stop for Metro buses in Los Angeles, this area is often full with people who are running to their bus without checking for vehicle traffic first.
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What You Can Do to Prevent Drunk Driving
Mothers Against Drunk Driving (MADD) recently released some shocking statistics regarding drunk driving. Every two minutes, someone is injured in an accident due to drunk driving, potentially requiring the services of a DUI accident lawyer. Every 51 minutes someone dies from a drunk-driving crash. 66 percent of people will be impacted in some way, shape or form by an alcohol-related crash during their lifetime, and 1/3 of those arrested and convicted of drunk driving are repeat offenders. Campaigning to eliminate drunk driving requires both invention and prevention to be successful. Inventions 1. Auto driving vehicles Vehicles in the future will have the technology to calculate if the driver has a BAC above the legal limit. If over the limit, the car won’t operate because the driver is impaired. Driver alcohol detection systems for safety (DADSS) Both DADSS and MADD are actively working towards making our country free of drunk and impaired driving. The devices will be transparent until someone attempts to drive with a BAC above .08, the legal limit. The two systems being tested are one that measures BAC through fingertips, while the other samples the air of the driver. Prevention 1. Law enforcement and sobriety checkpoints Sobriety checkpoints might be a hassle if you’re sober, but they’ve been proven to reduce traffic fatalities by 20 percent. Police usually announce their location ahead of time and stop vehicles sequentially when they pass through. Ignition interlock devices All-offender ignition interlock laws are active in Arizona, Louisiana, New Mexico, and West Virginia. Deaths due to drunk driving have dropped from repeat offenders by almost 2/3. Efforts to reduce DUI in Florida • Law enforcement utilizes sobriety checkpoints to check if a driver is impaired and administers a breathalyzer if they suspect the driver is under the influence • Ignition interlocks prevent the car from starting if the driver has a BAC above the pre-established limit • Laws allowing revocation and suspension of licenses for those who refuse testing or test above legal limits How can you avoid a DUI? The best way not to need a DUI accident lawyer in Los Angeles is not to drive impaired. Here are a few tips to staying sober on the roads: • Pay for a taxi or ride-sharing company • Have a designated driver • Get a room at a motel for the night, so you don’t have to drive • Stay home and celebrate Drinking and driving continues to be a significant issue. If you or anyone you know has been a victim of drunk driving, you may want to contact a personal injury lawyer in Los Angeles to get advice on how to proceed.
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Assault and Battery
Assault and battery charges are a common happening in California. While the two terms are closely related, they refer to different offenses in law. Assault can be defined as the attempt or intention to cause harm to another person, which does not involve physical contact or injury. Battery refers to unlawfully injuring another person through the use of force or violence, which involves physical contact. How is a battery case proven For a defendant to be found guilty of battery, the prosecutor must prove that: – The defendant acted unlawfully and willfully – The defendant used violence or force – The defendant touched another person in a manner that was harmful or offensive The touching can be direct or indirect. For example, if person A intentionally throws an object that hurts person B, Person A is guilty of battery. It is important to note that unlawful touching can qualify as battery even if it didn’t cause injury or pain to the other party. – Possible defenses to assault and battery charges – Self-defense – One can defend themselves against battery charges by arguing that they acted in self-defense. This can be done by proving that the other party was the initial aggressor. The defendant can also show that they had enough reasons to believe that the other party wanted to injure them. The law requires one to use reasonable force to repel an attack. Use of excessive force can be a criminal offense. Lack of intent For one to be found guilty of battery, it must be proven that the contact with the accuser was intentional. A defendant can, therefore, argue that injuries caused were accidental. Consent If the two parties agreed to participate in an activity in which there is a risk of battery, one party cannot accuse the other of unlawful battery. For example, boxing. Others Other possible defenses to battery charges include defense of others, defense of property, involuntary intoxication, and factual innocence. Penalties for Assault and Battery in California Under Penal Code 240 PC, assault is considered a misdemeanor. It carries a fine not exceeding $1000, a jail term of up to six months in county jail, or both. Simple battery is considered a misdemeanor in California under Penal Code 242 PC. It attracts a fine not exceeding $2000, a jail term of up to six months in county jail, or both. However, aggravated battery or battery against state officers can be charged as a felony. Where to Find a Personal Injury Lawyer in Los Angeles If you are involved in an assault or battery case, you should contact Oscar H Gutierrez, APC. We will assign you a personal injury lawyer or an assault and battery lawyer who will give you quality legal representation. Our team has handled personal injury cases for more than 40 years. Contact us here.
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How Truck Accidents are Different from Car Accidents
Being involved in a collision with a big-rig truck can be very scary. Auto accidents are harrowing enough as it is, but truck accidents commonly produce serious injuries and damage when hitting passenger vehicles, which often results in fatalities. Statistics associated with truck accidents show them as a leading cause of death on the nation’s highways. They are especially troublesome in states like California with the massive highway system and vibrant economy. However, the damage that can be caused by a tractor-trailer is not the only aspect that makes truck accidents different from car accidents. Car accidents commonly involve limited insurance coverage because California state auto insurance minimums are not often inadequate when serious injuries are incurred. Truck accidents are different because trucking companies are required to carry a $1 million liability minimum policy for each truck and designated driver. This means that our Los Angeles truck accident attorneys have a potential for securing whole damages for our injured clients when certain case facts are present. Truck Accident Defense Trucking companies all realize that crashes involving their trucks can be detrimental to the company profit line, which means they are always ready to dispatch a reconstruction team to investigate the wreck as soon as it happens. Evidence can evaporate quickly following any wreck. The problem with trucking companies and their insurance providers is they also try to influence the official reconstruction specialists with local law enforcement agencies. The purpose of this immediate intervention is an attempt to prepare a comparative negligence case against the injured parties because it can lessen the value of personal injury claims. This is especially true when there are potential wrongful death claims looming beyond personal injury lawsuits. Substantial Potential Damage Settlements Truck accidents that are caused by an impaired truck driver or violating DOT rules could result in a plaintiff attorney requesting a trial in an effort to obtain punitive damages ruling from a sympathetic jury. It takes a jury to make a final determination regarding comparative negligence among all drivers involved in the accident. The insurers and defending trucking company can win at least a minor victory in obvious cases when they can influence the court assignment of comparative negligence to the claimants. Los Angeles truck accident attorneys understand that damages could be substantial, but there could be limitations without the right attorney. Contact a Personal Injury Lawyer in Los Angeles Never let a trucking company or their insurer deny you whole compensation in a truck accident case. Always call the legal professionals at Gutierrez Law. Our personal injury lawyer in Los Angeles investigate all truck accidents for whole compensation.
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Nursing Home Abuse
Having an older loved one admitted into a care facility is never an easy decision to make. Rumors of nursing home neglect and abuse only make the decision that much more difficult. While incidences of abuse are relatively rare, they do happen and it’s important to know the signs. If you suspect someone is mistreating your older loved one, it’s important to contact our elder abuse lawyers in Los Angeles as soon as possible. A Sudden Lack of Personal Hygiene A common red flag for identifying nursing home neglect is a lack of personal hygiene. If the facility is short-staffed or there’s some other reason for a lower level of care, one of the first things that may suffer is hygiene on behalf of the residents. This is because staff members are no longer helping the residents bathe, dress themselves, trim their nails, etc. While this may not be enough for you to run out and consult a personal injury lawyer in Los Angeles, you should at least bring your concerns to the attention of facility managers. Examine Their Living Quarters Another indication of neglect is the presentation of your elder’s one’s living quarters. As elder abuse lawyers will point out, federal law mandates that nursing homes must provide safe, sanitary, and comfortable living conditions for each resident. Leaking pipes, stained carpets, or unrepaired utilities are all indications that your loved one’s needs are being neglected. Poor Nutrition While this isn’t something you can see, you will be able to observe the effects of poor nutrition. For instance, sudden or severe weight loss is an obvious sign that your loved one isn’t eating properly. Also watch for signs of dehydration. For instance, does your elder seem especially thirsty during your visits? If you suspect your elder is either malnourished or dehydrated, contact our elder abuse lawyers in Los Angeles as soon as possible. This type of neglect, in itself, can have immediate and negative effects on the elder’s health. Loss of Mobility Another factor that should draw your attention and urge you to contact elder abuse lawyers is the mobility of your loved one. Nursing homes are required to provide physical activities for their residents and special exercises should be arranged for handicapped or disabled residents. A lack of physical exercise can cause advanced degradation of muscles and loss of bone density, resulting in decreased mobility and flexibility. Indications of a lack of physical activity are bedsores and infections. Injuries That are Insufficiently Explained If physical abuse is taking place, the elder may develop injuries that go unexplained. In other cases, staff may offer an explanation, but one that seems suspicious. Where you see broken bones, bruises, or head injuries, you should investigate the matter further. Be wary of repeated injuries, as these can be the result of either abuse or neglect. Psychological and Behavioral Changes If your elder suddenly behaves differently, that may be reason enough to suspect something isn’t right at the facility. For instance, they may seem fearful of staff members or may have stopped socializing in common areas. These changes can indicate an issue with aggressive […]
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Child Injuries and Defective Toys
Most parents trust that child toys are always safe and efficient. However, it’s possible for a defective toy to enter the marketplace and cause a child injury. Then, finding the right legal representative to help your family is vital and highly recommended. Learn more about child injuries and what you can do to get the justice you deserve. Common Injuries Associated With Child Toys Some toys are coated with toxic chemicals such as lead and/or mercury. Children can ingest the toxins and develop symptoms that are similar to food poisoning. Other toys have parts that break apart easily and turn into choking hazards. Toys that are excessive in weight can fall on top of small children and results in bruises, broken bones or severe head injuries. Cheap and heavy toys, such as motor-powered toy cars, are likely to break apart and, as a result, be of more danger for the child. What a Child Injury Lawyer Does A child injury lawyer sympathizes with the injuries of the child victims and their families. Even if the injury is minor, the child injury lawyer will make sure that no other child is victim of such injury. An experienced personal injury lawyer in Los Angeles suggests a class action lawsuit if other accidents occur. The parents of an injured child have to deal with the emotional trauma of a medical injury; and are also forced to deal with the costly medical bills. A child injury lawyer seeks justice and compensation for families who should, in the process, only focus on healing physically and mentally. The Importance of a Product Liability Attorney First, a product liability attorney must prove that the toy manufacturer was negligent. If the company is a mega corporation, proving this negligence is not simple either. First, the attorney must review the company’s safety history and seek for other accidents that may have occurred previously. He or she may hire experts to prove that the product is defective, to then, tie the defendant’s negligence with the plaintiff’s injury. Most people, without thinking, rely on the safety of the products that they use every day. When it comes to children’s toys, the trust placed to manufacturers is immeasurable. So, it’s particularly traumatizing when your child’s accident is caused by a defective product. Contact a personal injury lawyer in Los Angeles to guide you through the process of filing a negligence lawsuit.
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Toxic Tort
If you live in California and have been harmed by a dangerous substance in your environment, you may have a claim for a toxic tort. Toxic torts can happen due to a variety of situations, including air, land and water contamination. If an individual believes they have a case, they should seek out the help of a toxic tort attorney in Los Angeles. In tort cases, the usual characteristics apply. The plaintiff will allege that they were harmed by exposure from a harmful substance. In most cases, there will be little evidence of the substance, but it will also be alleged that a large number of people have also been exposed. It is also possible that there is a dormant period between the time of exposure to the substance and manifestation. This is the reason why a good toxic tort lawyer in Los Angeles is essential to your case. The law offices of Oscar H. Gutierrez have specialized lawyers who can take on toxic torts. They have helped clients receive millions of dollars in settlements. What is the best defense against toxic tort claims? A vigorous defense must be mounted. If scientific evidence is given, it is not impossible for it to be countered. If certain elements of the claim have not been proven, a number of holes can be poked in the defense. Procedure-based defenses can also be used. For example, it could be claimed that the case wasn’t brought forth in a timely manner. If you need to speak with an attorney about toxic torts, your best bet is to seek out the most experienced toxic tort attorney in Los Angeles. Individuals who bring forth tort cases should also understand that not everything is cut and dry. Tort cases have a number of problems that can make them that much harder to prove. For instance: – Proving causation – Stale evidence – Reliance on scientific evidence Contact our toxic tort lawyer in Los Angeles to give you more information.
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