What To Do If You Slip and Fall On The Job

Slip and fall accidents do happen. We hate when they do, and we may try to keep them from happening, but inevitably one will happen.

Construction sites are common places for slip and fall accidents, as are food-service businesses. Whether you are working at heights or you are around slick liquids like grease or oil, there will likely be a risk of a slip and fall accident, despite some of our best efforts. That, of course, does not mean we should not put every precaution in place. After all, a serious slip and fall accident can lead to litigation that is time and capital-consuming – which then, of course, impacts the bottom line.

In a litigious world such as ours, it is always important to take all necessary and prudent precautions to prevent these types of accidents. On the other hand, if you are someone who has, or could have, suffered a slip and fall injury, you have to be vigilant in making your case. You almost have to treat such an incident like you would a car accident. Here are five things you should do when you are in a slip and fall incident:

  1. Check yourself.

First thing’s first. Before you start talking or thinking about how much to sue for, you need to make sure you get yourself checked out medically to ensure the extent of your injuries. Oftentimes, we may not feel very hurt at first, but some significant injuries don’t’ manifest themselves until later. Always best to get a medical opinion first.

  1. Inform.

At this point, it is a good time to let the owner of the property know (and any supervisors on shift at the time) about the accident. Be careful not to be angry or vindictive about it, trying to lay blame. Just provide as much information as you can in a very impersonal way – the who, what, when, where, why and how.

  1. Curate.

Document as much as you can, including the name(s) of those you directly informed about the incident. Take pictures of the incident scene and record any interviews or conversations when you can so you have documentation. If you have witnesses to the incident, get statements from them as to what they saw and heard.

  1. Speak little.

Stick only to the facts of the incident when discussing it with anyone –even an attorney, when you hire one. Leave emotion, speculation and blame out of the equation. And do not discuss the issue with anyone not directly or indirectly involved with the case – which means, social-media silence, for sure.

  1. Lawyer up.

Find a competent accident or personal injury lawyer to represent you and stand up for your rights. Once you find a lawyer, say nothing more about the case and let your lawyer speak for you. Don’t’ risk legal jeopardy more than necessary.

California Wildfires – What Can You Do

In December 2017, 29 wildfires broke out in Southern California. But only 6 out of the 29 were responsible for the damage and personal injuries that were caused. In total, there were 230,000 evacuated and 184 destroyed homes. These wildfires also destroyed so much of the land that it is responsible for the mudslides that occurred in early January 2018 as well. The mudslides alone led to 21 deaths, 28 injuries, and destroyed 129 homes and 307 other properties.

The exact cause of the Southern California Wildfires has not be pinpointed but it is believed that it was a combination of electrical equipment failure and Santa Anna winds. There have been several cases brought against Southern California Edison (SoCal Edison) as it is believed that their power lines might have played a part in the starting of the wildfires. In fact, the city of Ventura has filed a lawsuit against SoCal Edison, however, the case was dismissed because they are co-defendants on other Thomas Fire cases. 

California has something called the inverse condemnation law which states that if your property damage was caused by the wildfires then you are entitled to compensation from SoCal Edison whether it is determined if they are negligent or not. It is a bit more tricky with personal injury. In order to successfully file a lawsuit for personal injury, the fire department has to prove that SoCal was indeed negligent and that their negligence was responsible directly for your injuries. This differs from those who suffered from the Northern California fires as it has been proven that PG&E was negligent.

Contact Our California Wildfire Attorneys

If you have been impacted by the file, then it is in your best interest to contact a personal injury attorney who is knowledgeable in burn injuries as well as wildfire negligence. Contact us for a FREE consultation

Los Angeles Superior Court Will Hear All Testimony Regarding Usher/Herpes Case

R&B singer Usher is facing trial against three plaintiffs who accuse him of infecting them with the herpes virus. The plaintiff’s complaint alleges of sexual battery, fraud, negligence and intentional and negligent infliction of emotional distress as they claim the singer did not alert them that he was infected before they engaged in sexual acts with him.

A judge ruled earlier this week that the case will indeed take place in a Los Angeles Superior Court despite one of the plaintiff’s petitioning to have the case moved to their home state. But since the defendant Usher Raymond IV lives in California (as well as the other two plaintiffs), Judge Michelle Williams ruled that it will be tried in California.

The three plaintiffs include Quantasia Sharpton, a Jane Doe and a John Doe. A judge granted the motion to conceal the identity of the other plaintiff’s for protection. Jane Doe who lives in Georgia said through her lawyer Jivaka Candappa, that she will be deposed by Usher’s lawyer and that other witnesses in her state will be able to make the trip.

The judge also denied the right to have a separate trial in Georgia as it would be prejudicial to Usher to do so and would have consequences on the outcome of the Los Angeles trial.

However, it is believed the Jane Doe in question is Laura Helm. She had originally filed a $20 million lawsuit on her own but decided to join forces with Quantasia and John Doe asking for her original lawsuit to be dismissed. Laura revealed herself and accused Usher of delaying the case.

Quantasia did not contact Herpes. The status of John Doe is unknown at this time and Laura did contact Herpes allegedly through her encounters with Usher. The plaintiffs are being represented by Lisa Bloom, the attorney representing Weinstein against his sexual cases.

Who is Liable When a Cyclist gets “Doored”?

We’ve all seen the gifs, memes, and videos of someone riding their bike and minding their business when WHAM! a car door opens and sends the cyclist tumbling over the top. This event is often referred to as being “doored” or “car-dooring”. While it some might get a laugh out of this event, the cyclist can be seriously injured. If you have been doored and suffered an injury as a result, you are probably wondering who’s liable for your medical expenses and other damages.

Who’s At-Fault?

In this scenario, the driver is almost always at fault. Most states, including California, place the responsibility on the driver to make sure that it is safe to open their door before doing so. However, if there is no traffic at the time of the incident, the motorist can claim that there were time and space for the cyclist to swerve and avoid the door. If the motorist claims that the cyclist could have avoided the accident, the cyclist will not be found at-fault, but they may be found partially responsible.

According to bike accident data, you might be safer getting doored that avoiding the door altogether. The data shows that “80.04% of those cyclists who were doored were injured, while 90.40% of those in non-dooring crashes were injured.” That’s not all. Swerving to avoid the door is more likely to cause a severe injury than crashing into the door itself. This is because when cyclists swerve, they’re likely turning into oncoming traffic without checking for vehicles.

How do I Avoid Getting “Doored”?

One way to avoid getting doored is to ride cautiously and keep your head on a swivel. If you ride your bike through the city, you know that it can be chaotic. There are cars flying by you on one side and pedestrians walking and getting out of their cars on the other. It can be nerve-racking if you’re not used to it. Take it slow and pay attention to your surroundings.

Another way to avoid getting doored is to ride your bike outside of the door zone. What is the door zone you ask? Well, the door zone is best described as the area the from the car to the edge of the door when it is opened. This can be hard to avoid as major cities have added bike lanes to streets. Unfortunately, these bike lanes are in the door zone.

Contact a Personal Injury Lawyer Today

If you have been in a bicycle accident and are injured as a result, you may be entitled to compensation. Contact an experienced personal injury lawyer as soon as possible to discuss your case.

What To Do If Your E-Cigarette Explodes

While electronic cigarettes are better for you than their counterpart, there is still an inherent risk. Due to their lithium-ion batteries, these e-cigarette’s tend to overheat causing a chain reaction which leads to an explosion.

If you are using your e-cig properly and you experience an explosion, there are several steps you need to follow in order to make sure that you can properly claim a personal injury lawsuit.

The first step as with most injury cases is to seek medical treatment. Common injuries include burns to the thighs, hands, and genitalia. Many burn victims from e-cigarettes require hospitalization and in a few cases surgery.

The second step is to make sure you save the electronic cigarette. This is very important. This will help us determine if the explosion happened due to a manufacturer error. If you do not save the electronic device, we will not be able to prove that the manufacturer is responsible for your injuries (rather than just user error).

The third step is to take pictures of the product and your injuries. Also get any reports from health care professionals about your injury. Once you have all this information you can then approach a skilled product liability attorney about filing a personal injury lawsuit.

If successful you could be compensated for your medical injuries as well as pain and suffering. Contact one of our product liability attorneys.

 

Which Dogs Bite the Most?

Why do Dogs Bite?

Dog BitesDogs have been considered man’s best friend for a long, long time. Not only do dogs make great pets, but they have many other uses. Some dogs are bred to herd sheep or cattle, others are bred to pull sleds in the fields, others are bred to hunt, and some are bred for human companionship. Regardless of the size of the dog or how intimate your relationship is with the dog, it is important to remember that dogs, although domesticated, are still animals. Just as you react to the feeling of excitement, fear, nervousness, or feeling threatened, they do too.   

Naturally, dogs bite when they feel threatened or harmed in some way. Their teeth are their only line of defense; so it makes sense that their first instinct is to use them. Dogs may also bite when they are overly excited. For example, if you are roughhousing with your pet and he/she nips you, they are playing. Unfortunately, human skin is not made to withstand “play biting” so the result for us is a cut or bruise. In order to avoid this, you can teach the dog that they are being too aggressive or avoid roughhousing with your pup.

Dog Bite Statistics

In 2016, there were about 78 million dogs registered in the United States. According to the CDC, this led to 4.5 million dog bites, out of which came 41 fatalities. The chance of dying from a dog bite is 1 in 112,400; that’s better odds than cancer, flying on an airplane, a gunshot, and the fatal stinging of hornets, wasps, or bees. 81% of dog bites either do not cause an injury or cause a minor injury, like a scrape or a bruise.

Which Dog Bites the Most?

Whether your dog is big or small, they may have made this list. If the breed yo own is on this list, it does not mean that they are prone to hurting someone. Just like people, dogs have a personality. There are certain actions that will trigger any animal. If you avoid putting your dog in harm’s way and train the animal properly, you should never have a problem. Below are a few of the dogs that may be at higher risk of biting an individual.

  • Chihuahua
  • Bulldog
  • Pit Bull
  • German Shepherd
  • Australian Shepherd
  • Lhasa Apso

Some of these dogs may surprise you. You may laugh at the Chihuahua or Lhasa Apso making the list, but it is more common that these dogs will bite you than other breeds larger breeds.

Which Dog Bites the Hardest?

The strength of the bite does not always correlate with the size of the dog. Thanks to the Canine Journal, we were able to put together a list of dogs with the hardest bite. Some of the results may shock you. The metric used to determine the hardest bite is pounds per square inch.

  • Kangal: 743 PSI
  • English Mastiff: 556 PSI
  • Wolfdog: 406 PSI
  • Rottweiler: 328 PSI
  • African Wild Dog: 317 PSI

Further down the list, some of the hard biters worthy of a mention are the American Bulldog (305 PSI), the Doberman (245 PSI), the German Shepherd (238 PSI) and the American Pitbull (235 PSI).  

At the end of the day, dogs are animals. If they feel threatened or scared, they are more likely to revert back to their natural instincts. It is important that you treat dogs with respect and if you are a dog owner, that you train the dog and teach them right from wrong.

One way to protect yourself in the event that your dog bites someone is to purchase Pet Liability Insurance. In the event that you are sued, your insurance comapny will pay the damages and you will not be personally liable.

If you are the victim of a dog bite, contact an experienced dog bite attorney, you may be entitled to compensation for your losses.

What To Do If You Are The Driver In A Ride Sharing Accident

uber appTwo of the fastest growing companies in the tech industry over the past few years have been Uber and Lyft. Uber and Lyft hire drivers as independent contractors and provide the service for them to find work.

How does this work? The Uber and Lyft app let the consumer share their location with the network of drivers, the first driver to claim the ride request gets to pick up that passenger. This has provided millions of individuals with part-time jobs that function as a freelance opportunity. In other words, they can work whenever they have time. Some contractors have even gone as far as making this their full-time position; in some cases bringing in over $100,000 per year.

Even though you are not driving, you are still at risk of injury if you are involved in a car accident. The laws on ridesharing are broken down into three individual periods if you are the driver. If you are the passenger you will also have your own set of rules. As with any accident, someone will be at fault and be held liable for any damages that happen to the individuals involved in the accident.

The Three Periods

Period 1: When the Uber/Lyft app is on and the driver is waiting for a request

When the app is on and the driver is waiting for a request, Uber can NOT be held liable for any accident you are involved in. The reason for this is that drivers are independent contractors. In other words, they are not technically an employee of Uber at this juncture.

There are a couple of reasons Uber set the company up like this. For one, this provides a bevy of liability benefits to Uber. One of those benefits is that you do not become an employee of Uber until you have answered a pickup request. While Uber does not provide accident coverage during this period, Uber does provide liability coverage.

Period 2: When the driver is en route to the passenger

When you have accepted a pickup request, Uber’s insurance technically begins to cover you. Although, this is a gray area, so I will take you through some specifics.

Usually, after an accident, the driver will not be able to pick up a passenger. This will require the driver to cancel the trip. However, when it comes time to claim liability, Uber is not aware of when the accident happened and they are not aware if the passenger canceled the request and not the driver. This means, even if you were on your way to pick up a passenger, Uber can fight the claim stating that you were actually looking for a passenger, which would allow them to follow the rules in period one.

Claiming liability in during period two will need the most evidence that you were on your way to pick up a passenger. One thing you can quickly do is take a screenshot of the date and time. This will show that you were in fact on your way to pick up a passenger at the time of the accident.

Period 3: After you make the pickup

During this period, Uber’s liability will cover you Since there is a passenger in the car, it will be easy for any lawyer to prove that you were “on the clock” at the time of the accident.

Contact an Experienced Los Angeles Car Accident Attorney

Anytime you are in a car accident and the result is an injury to you or the other party, you should contact an experienced car accident attorney. Los Angeles Personal Injury Law has a team of attorneys that are experienced in ridesharing cases. Our attorneys know the ins and outs of the laws and will fight for Uber/Lyft to assume liability. Contact our office today if you have been in a ridesharing accident and suffered an injury.

Is Child Abuse/Neglect a Form of Personal Injury?

Child abuse occurs when a parent or caregiver causes an injury, death, emotional harm, or risk of serious harm to a child. Child abuse can come in the form of physical abuse, sexual abuse, emotional abuse, or child neglect. More times than not, any form of child abuse will alter a child’s life, in some cases leading to suicide later on in life.

According to the 2015 Child Maltreatment Report from the Children’s Bureau, the rate of child abuse has increased in every aspect. The number of reported cases is up from 2.6 million in 2014 to 4 million in 2015, the number of children involved increased .6 million, from 6.6 million to 7.2 million, and the number of child deaths from abuse increased from 1,580 in 2014 to 1,670 in 2015. The report went on to state that “about 30% of abused and neglected children will later abuse their own children.” Based on these statistics, there is a good chance that this vicious cycle will continue to grow if nothing is done to help prevent child abuse.

Is Child Abuse a Form of Personal Injury?  

The simple answer, yes, child abuse is a form of personal injury. There are a number of ways that you can go about fighting a child abuse case; they are:

  • Criminal Case: A criminal case will be brought by the government against the alleged abuser. This type of case is punishable by incarceration, imposition of fines, mandatory counseling, probation, and other sanctions.
  • Civil Lawsuit: A civil suit must be brought by the alleged victim of the abuse. Liability comes in the form of damages or compensation from the abuse of the victim.

Child abuse cases do not always result in a trial in the criminal court system. The majority of cases fall into one of these categories:

  • No criminal proceedings – There are no criminal proceedings in connection with the alleged abuse. This is common with unreported abuse.
  • Criminal Proceedings, Not Convicted – There are criminal proceedings with the abuser, but he/she is not convicted. This can be a result of dropped charges or a jury found that abuser not guilty.
  • Criminal Proceedings, Convicted – There are criminal proceedings with the abuse and he/she is convicted. This can be the result of the abuser making a guilty plea deal or the abuser being found guilty after a trial.

If there is a criminal proceeding, the result will play a factor in the ruling of any civil lawsuit that is filed. For example, if the abuser is found guilty, he/she will be held responsible in a civil lawsuit.

Who Can Help You Fight a Child Abuse Case?

For all child abuse cases, it can be a long, emotionally taxing experience for the victim. A case of this nature will require the victim to relive the abuse, as they will most likely have to tell their story during a trial. If you are a divorced parent and have abused your child, your rights to child visitation may be modified or revoked. An experienced personal injury attorney can help guide you through this difficult time by explaining your legal options and walking you through the lawsuit process. Contact a personal injury attorney today for more specific information about your particular case.  

Liability In The Event Of A Pet Attack

Most people who love a cat or dog expect others to understand that the pet is a member of the family. You treat it as a member of the family, you protect it as a member of family, and you respect it as a member of the family. If you can’t do those things for a fellow family member, then you’re probably not worthy of the respect yourself. Unfortunately, sometimes family members are involved in acts of seemingly random violence–pets included. What do we do when the worst happens? If you were the pet owner, you might be liable.

If you were attacked and bitten by someone else’s pet, then you need medical attention right away. Animal bites are extremely dangerous, and pet mouths are home to many malevolent bacteria just waiting to make your bad day worse. Not only is medical attention important for your health, but it also protects you from a legal standpoint. If you must seek compensation or sue the pet owner, then you’ll want your experiences as fully documented as possible. In order to do this, photograph the bite area. If you were badly injured, then continue to photograph the area as you recover.

When you speak to a legal expert, you’ll want to have details ready. Bring the doctor’s report. Bring any bills that resulted from the bite. Be prepared to describe the circumstances that led to the attack. Dogs don’t normally become violent until they feel threatened or provoked in some way, so you may have unknowingly caused the animal discomfort. Don’t exaggerate. If you have information about the pet owner or witnesses to the attack, then provide it to your attorney.

Liability in the event of a pet attack can vary from state to state. In some states, the owner is liable no matter the circumstances. Even if the dog had never shown prior signs of aggression, the owner is responsible for the attack.

If you’ve been attacked, then you’ll want to know how a pet owner might protect him or herself from litigation. If the owner of the dog or other animal ensured that other parties in the neighborhood were aware of the dog’s tendency toward aggressiveness by placing signs or building fences, and can prove that you ignored every warning, then you might be responsible for your own injuries.

Depending on the circumstances, other parties could share partial or full liability for the attack. For example, if your landlord entered your apartment without your knowledge and had already been warned that an animal was on the premises, the landlord could be held responsible. If the dog is in the custody of an outside organization like a kennel or dog walker, then they might in some circumstances be held responsible for the attack.

If, on the other hand, you’re the owner of a happy healthy animal in no danger of becoming aggressive anytime soon, then you might take estate planning to the next level by setting up a pet trust. This legal offering will help you decide how to allocate resources for your pet’s care in the event that you’re not able to provide that care yourself. The trust will effectively guarantee that your pet receives care in the event of your death.

The History Of Los Angeles

When many people think of Los Angeles, they think of Hollywood. However, the history of this Californian city goes back much further than that. Read on if you want to learn more about the history of Los Angeles.

The Ancient History Of Los Angeles

People have traced the history of Los Angeles all the way back to 38,000 BC. In fact, have people journeyed to see the La Brea tar pits for thousands of years.

We also know a lot about the earliest visitors to Los Angeles. Chumash Indians settled the Los Angeles basin in approximately 8,000 BC. Hundreds of years later, the Tataviam and Tongva people also settled in the area.

Early Settlers

While Native Americans were the first people to settle Los Angeles, the area has seen many settlers since. The first modern settlers moved to Los Angeles in approximately 1781. These settlers came from Mexico, and they gave Los Angeles the name that it has today.

Once settlers came to the region, the Mission San Fernando was built. This attracted an even greater number of people to the Los Angeles region. After Mexico became fully independent from Spain, the area continued to flourish. Los Angeles began to develop its own unique culture; many aspects of that culture can still be seen in the city today.

The Impact Of The Gold Rush

While earlier settlers helped to establish Los Angeles, the city did not see a major surge in population until after the gold rush started. Once gold was found in the area, a large number of people began heading out west to Los Angeles. Many people hoped that they would be able to find fortune there.

A lot of the people that became rich off of the gold rush didn’t pan for gold at all. Instead, these people opened shops and trading posts that catered to the new population. Many merchants made a fortune selling food and basic supplies to new settlers. The gold rush helped to make Los Angeles into a large and populated city.

Los Angeles Joins The United States

Los Angeles didn’t officially become a part of the United States until 1848. While the United States took control of the city in 1847, it was some time before Mexico officially agreed to cede control of the region.

After Los Angeles became a part of the United States, the city began to flourish even more. Locomotives began to travel to the area, and more settlers began to head to the area. People wanted to see what this new territory was all about.

Los Angeles had a long history before becoming a part of the United States. Now, it is one of the quintessential US cities.

There is a lot that people don’t know about Los Angeles. Now that you have a deeper understanding of the history behind this city, you should have more respect for the town that it is today. Los Angeles has grown and changed tremendously, and it is going to go through even more transformations in the future.

If you would like to learn some more about the history of Los Angeles, we hope this video will help you out!