Governor Schwarzenegger has signed a bill into law that will allow adults who serve alcohol to minors to be held accountable for their actions. Under the new law, adults who serve alcohol to those under the legal drinking age of 21 can be sued for any injuries or death that result from the intoxication. Surprisingly, before the law was passed, adults who
Kristine Keala Meredith
Debridement of Burn Wounds
Following a burn, dead tissue provides a breeding ground for bacteria to grow and bacteria can lead to infection. The dead tissue will eventually fall off as part of the skin’s natural healing process. However, when burns are particularly severe, the natural healing process can take too long. Surgeons must act to reduce the risk…
Unsafe Rental Cars
Assuming that car rental agencies provide safe and well-maintained vehicles, drivers often choose to rent a car for a long road trip rather than put the miles on their own car. Renters trust the rental agency to provide safe vehicles because that’s their business. That’s the service customers are paying for in daily rates. Apparently…
Attorneys Want Parents Accountable for Serving Alcohol to Minors
Serving alcohol to minors is illegal. But strangely parents do it or permit it to happen in their home. Stranger still, the law doesn’t allow civil recourse against the parent when a teen is killed or injured as a result of the alcohol the parent served. That may soon change.
The Consumer Attorneys of California…
Compensating a Wrongful Death Claimant for the Loss of Financial Support
A family member who has lost a loved one due to the negligence of another is entitled to be compensated for his or her loss. In most jurisdictions, that compensation properly includes money to replace the financial support the family member would have received from the loved one had the accident never happened. Here are…
Can the Forgotten Widow Recover for her Husband’s Wrongful Death?
Of course a wife is entitled to recover against the wrongdoer who caused the death of her loving husband. But what if the husband had long ago abandoned her? Without a loving relationship or continuous support, is the "forgotten widow" entitled to any compensation at all?
In most cases, yes, because the forgotten widow or…
Spinal Cord Injuries, Pre-existing Conditions, and the “Eggshell Plaintiff”
Spinal cord injuries can result from a spectrum of causes: compression of the space around a disk, fractures of a vertebra (cervical, thoracic or lumbar), or a disk "blown" or crushed by a fall. The spinal cord can be injured or severed by a gunshot or by a knife wound. But
the leading cause of…
Proving the Victim’s Right To Be Compensated For Medical Care The Victim Will Need In The Future
Some accidents result in permanent injuries that will require ongoing care for the rest of the victim’s life. The victim is entitled to be compensated for the cost of the future care now. That’s because once the lawsuit is resolved, he cannot return to the wrongdoer and ask for additional compensation. The cost of the victim’s future care is…
Do Cognitive Tests Accurately Measure the Loss Resulting from a Traumatic Brain Injuries?
Many people with TBI have problems with basic cognitive skills: learning, remembering, thinking. It’s more than a mere loss of "intelligence." TBI victims may find it hard to pay attention or concentrate, and they might have trouble learning new material. A TBI can also cause the victim to think more slowly, or to get easily…
Negligence Per Se — When the Wrongdoer Violates a Statute
To win a lawsuit, the victim must prove that defendant was negligent — that is, that he did not exercise "due care." That can be difficult. But it can also be easy, such as when the doctrine of negligence per se comes into play.
When the doctrine of negligence per se applies, defendant’s conduct will…