When Attacked on Someone Else Property: Who is Liable?
Consider this analogy: You are walking through a park to meet a family friend who already called she is there. Suddenly out of nowhere you were attacked, injured and robbed. The possibility of the assailant being nabbed in such a big park is slim. You may think that the assailant is the only one responsible for your injury and loss. However, the park operator will share some of the liability that arises out of the physical pain, injury and material loss. Premises liability law protects you from being injured on someone else’s property. Being attacked is negligence based on premises liability law. Nonetheless, claims arising from premises liability could be complex. This is due to the difficulty in proving that the park operator or the property owner is negligent. Still yet, it is believed that the property owner should have taken security steps to ensure clients, patrons and users are safe on their property. However, if the owner has taken necessary steps to ensure safety while on the property, he may not be held liable for the attacks. If you have been attacked on someone else property, seek the counsel of our premises liability lawyer. Establish if the property owner is liable for the attack, slip and fall, and work out a personal claim. This can only be done with the expertise of one of our premise liability lawyers.
Read moreBrain Injury After a Car Accident: Symptoms of Brain Injury
Motor vehicle accident can result in severe medical conditions such as brain injury. Annually, brain injuries occur from car accidents across the United States. Often, identifying the symptoms of brain injury can be difficult, this article will therefore take a closer look at what constitutes a brain injury. Unlike the usual misconceptions, brain injury has physical manifestations. A brain injured person may experience constant and unceasing headaches. They may also encounter issues with their vision and may be unable to maintain a balance. One of the usual symptoms of brain injury is the inability to retain information by the victim. So also, the emotional wellbeing of a brain injured individual will be seriously affected as they might not be able to comprehend certain things. This is not a comprehensive list of the symptoms that may be experienced by victims. Other signs of brain injury may include irritation, sadness, and anxiety. In some instances, after a car accident, it may not be apparent that someone may have a TBI but it is important to still get yourself medically treated. Sometimes, the victim might recover from the impact of brain injury. However, a brain injury will seriously affect the life and future of an individual. You may need to consult a brain injury lawyer to know the legal course of action to follow in seeking compensation for the victim as brain injury is a life changing condition.
Read moreRide-Share Accidents: Who is Liable?
Anybody can become a ride sharing driver if you have a car that is accepted by the company. However, your insurance does not cover you as a driver for Uber, Lyft or Taxify. Knowing that car accidents cannot be totally avoided, a car accident lawsuit becomes confusing when it involves a ride sharing activity. If you are an Uber, Taxify or Sidecar driver, you may need to consult with a ride sharing accident lawyer before it’s too late to weigh your options in the eventuality of an accident. Filing for personal claims as a ride sharing driver is near impossibility. The terms of service for these ride sharing apps, which have become widely accepted, do not provide the insurance cover you will need in any event of an accident especially in the absence of a passenger. You are carrying out a business activity and your personal insurance cover does not extend to such. Therefore, filing for personal claims in a car accident lawsuit will not yield any positive result in the end. If the passenger does not suffer any injury, these ride sharing businesses are not positioned to pay for the damages to your car or that of the third party. At this point, you are wondering whether you can become a ride sharing driver or you should quit if you are already one. Just remember that you are taking an uncalculated risk that neither your insurance company or the ride sharing app is willing to pay. Consult with a ride sharing accident lawyer to make a decision and know what you are getting yourself into.
Read moreLegal Options For A Spinal Cord Injury Survivor
The story of Rocky Clarke still sends shivers into the spine of many. One minute, he was at the top of his game with a room full of medals and trophies, and in a twinkle, he became the responsibility of his 24/7 care giver mom. Aside from the emotional and unbearable physical pain that comes with spinal cord injuries, the medical expenses which can be a much as $1 million in the first year to a $200,000 bill in subsequent years can bring more pain. Depending on the type of spinal cord injury and the cause, a victim may consult a spinal cord injury lawyer in Los Angeles to know how to go about personal claims. There is majorly two type of spinal cord injury lawsuit; negligence or product quality, they are others but these two are the most common. The family and spinal cord attorney need to find the best course of action to alleviate the financial suffering of the victim. Spinal Cord injuries can be caused by many scenarios; Automobile or motorcycle accident where one party will be at fault. Slips and falls that could not have been caused by other factor other than defective products. Gunshot wounds which fall directly under product liability. Medical and surgical complications. Sport and recreational activities. Seeking justice in a spinal cord injury case needs the best spinal cord attorney to help find a fault and use it in seeking financial compensation. In the event that an individual or organization is culpable, considering a law suit is worth it.
Read moreHow to Handle a Hit and Run Charge
When you make a bad judgment call in the event of an accident, just know you have nowhere to hide. In the United States, the law frowns bitterly at the hit and run especially if there’s a proven case of DUI or an injury emanates from the accident. Serious jail time is the eventuality if you or the other party has the best car accident attorney who can prove their case against you. When an accident occurs and one party flees, that’s just pleading guilty even without a jury. Hitting and running amplifies a case from being compensatory to criminal. Have you been charged with hit and run? In consultation with your hit and run lawyer in Los Angeles, you can consider any of these defenses that are tenable for your case. Prove It Wasn’t You Arguably the best way to escaping criminal liability is if your hit and run lawyer is able to prove with enough evidence that it wasn’t you. Find a Basis on Why It Shouldn’t Be Considered as Running Using this option becomes essential if the other party reports the accident as a hit and run even if you didn’t. This odd situation will need an independent witness or even a video evidence to prove your case, or else you are in for serious time behind bars. Absence of Injury or Damage This is a rarity but if it applies to your case you can use the absence of damage or injury to prove your case. In the absence of physical damage to the car or injury to the victim, then there may have been no accident at all. Without an accident, a hit and run case has no basis.
Read moreDUI Accidents: To Sue or Not to Sue
Any injury or death caused by DUI needs the attention of a DUI accident lawyer in order to consider your chances of compensation. You have the legal choice of suing or not suing any driver driving under the influence of alcohol. DUI accidents can take two dimensions which will be further explained to you by the best car accident attorney; civil and criminal case. Both civil and criminal cases against DUI accidents can be torturous and time-consuming, but with our dedicated DUI accident lawyers, it should be quite simple and easy. Let’s look at both civil and criminal cases as separate options that will be given to you by one of our DUI accident lawyer in Los Angeles; If your DUI accident lawyer advises you to file a civil case, it means you are trying to receive compensation for the pain, suffering, medical bill, lost wages, damaged property and other financial pain that the DUI accident may have caused you. When filing a civil case, you are at a greater chance of getting the driver convicted. In this scenario, the convict insurance company will be looking towards an out of court settlement. Regarding criminal case procedure against a DUI accident driver, you are not seeking any form of compensation. As will be explained by your DUI accident lawyer, you will be protecting the public by trying to punish the driver for the pain caused to you. In any event, a loved one died from an accident caused by a DUI driver, you can file a civil suit as the next step for wrongful death, unearned income, loss of consortium and compensatory damages.
Read moreThe Fine Line Between Assault and Battery
There is a fine line between Assault and Battery, even though most think of the two as one and the same. Assault occurs when a person displays an action that may invoke fear of harm in the other party. So assault does not necessarily involve actual physical harm. It does, however; involve intentional threatening actions that may create a situation of potential harm or apprehension. Battery, on the other hand, does involve actual physical harm on an individual. One common factor between the two is that they are pursued via Civil Law and not criminal law. Civil cases require the defendant if found guilty, to compensate the plaintiff. The compensation may be in the form of monetary value or any other form that may cover the damages caused. However, the question remains, what are the key differences between an assault, or an instance of battery? When should you take legal action? And what exactly does the legal action entail? Let us take a look. A Claim Of Assault The definition of assault may differ in each state in America. California is a state that takes assault cases and claims very seriously. Hence, before walking into a courtroom or stating a legal charge against someone, it is imperative to know exactly what you are filing against. The best way to do this is by consulting the Los Angeles Assault And Battery Attorneys .According to Tort Law, an assault is referred to as an attempt of violence, or an attempt to cause harm. However, the key concept that involves a case of assault is the reasonable apprehension caused by the attempt of violence. Notice the usage of the term, reasonable. This means that the victim is aware of the intended harm, and believes that the action would have resulted in physical harm. Another key factor that may result in a case of assault is the intended harm. The harm can be a form of a threat of unwanted physical harm or contact such as rape. The case can be termed as a more serious one if the threat was made while the defendant was wielding a weapon. A Los Angeles Assault and Battery Lawyer may provide sufficient help and legal relief they are well versed with such issues. A Case Of Battery Battery can be defined as the intentional touch or forceful contact against another person that may be offensive, or result in physical harm. They key factor that leads to a case of battery is the intentional touch that may either be offensive or harmful to the other party. Notice, there is physical contact, hence distinguishing and differentiating a case of battery from assault. Furthermore, the contact usually occurs without the consent of the plaintiff or victim. The harm caused does not only have to be physical, but mental and emotional as well. Physical harm can be when the defendant causes bodily harm to the plaintiff, either by punching them or shoving them forcefully. Emotional harm involves cases of unwanted sexual contact. This may cause emotional distress to the plaintiff, and can also be classified as an offensive contact. In conclusion, […]
Read moreTips On Preventing Boat Accidents
Not as often as car accidents but boat accidents do happen. Just like Californians, the hot weather will definitely push you towards the sea especially in the summer. Getting on the boat for some boating fun, Jet Ski and other water sports are really interesting. Boat accidents occur mostly due to lack of caution by the driver. Aside carelessness, alcohol has been identified as the leading cause of boat accidents in the United States, more than 4000 boat accidents were reported to have been caused due to alcohol by the U.S Coast Guard. In abiding by these safety principles recommended by the law offices of Oscar H, Guiterrez in preventing a catastrophic boat related accidents; Your boat and every serviceable part are well maintained and serviced regularly. Your failure in carrying out mechanical checks will make you susceptible and liable to negligence injury suit in the occurrence of any accident. Every boat has it weight capacity which must be checked before going onshore. In any case, the weight of the boat or vessel does not have the capacity of accommodating those onboard, the risk of capsizing is very high. Know the weight restrictions of your boats, the manufacturer must have labeled the weight capacity. Any and every passenger without knowledge of swimming should not be allowed on board. So also, the use of water safety equipment have to be encouraged and mandated. Being on water does not mean the violation of speed limits. Do not over speed as it can lead to vision impairment and incurring of citations. Just like driving an automobile, you must have the necessary permit and licensed to drive a boat. You must also retain insurance to reduce liability in any event of an accident and the passenger suffers injury. You must be aware and conversant with the laws governing water transportation in your state. You are solely responsible for the handling of boating equipment as a boat operator. Boating should be done when there is a low population of other boaters on the water. There is a likelihood of accidents when the water is over populated with others boats. Always ensure that all of your passengers comply with water safety rules. Whenever you have active skiers in the air, display a red or orange flag. An observer is expected to keep a keen eye on skiers and alert them of every potential danger. In case any of your passengers obstruct your view or incapacitate you from carrying out the operation of the vessel, you can get a citation for passenger negligence. Water injury can be very disastrous and traumatic especially if the fault emanates from the boat operator. In order to avoid being slammed with a negligence suit, be guided by the above safety tips. In any event, you or your loved ones suffer boat accidents, quickly contact the Law Offices of Oscar H. Guiterrez to commence injury claim procedure.
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