Are business owners or landlords responsible to those injured due to the criminal acts of third parties? Sometimes. Because of the “special relationship” a California business owner has with its customers, the owner or landlord must take reasonable steps to keep the premises safe against foreseeable criminal acts of others. In determining whether the owner
Making a claim
Does a Glenview Homeowner Need a Lawyer to File an Insurance Claim?
Not necessarily. If the claim process is proceeding smoothly with open and productive communication between the claimant and the insurer, then the claimant may stay the course. But a qualified attorney can help when the claimant feels:
- frustrated;
- deadlocked with the insurer;
- unfairly treated by the insurer; or
- concerned about time passing and possibly losing her rights.
To assist the…
San Bruno Residents’ Right to Compensation for Emotional Distress
Many of the San Bruno residents evacuated on September 9th may be categorized as “survivors,” having escaped the Glenview fire without being burned. But even though they suffer no physical injuries, the gas explosion will leave dozens with emotional injuries that will persist for a long time to come.
Generally the law does not require a…
Adults Who Serve Alcohol to Youths Can Now be Held Accountable
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…
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…
The Dangers of Old Tires
There’s no longer any debate. Tires older than six years should be discarded and replaced, even if they otherwise appear to be in good condition with plenty of tread. In fact, they should be tossed out even if they’ve never been used. That’s because tires older than six years are prone to "detreading." Detreading…
UM/UIM Coverage For The Cyclist
California’s "financial responsibility" law requires that all motorists carry a minimum level of liability insurance in case they cause an accident. That includes an accident that hurts a cyclist. The problem is that the minimum coverage ($15,000) is enough to cover minor injuries only. If any hospital stay is involved, the minimum coverage is unlikely to be…
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…
What Damages May a Victim Seek for an Injury?
When a jury finds that a wrongdoer is responsible for the victim’s injury, then the Judge will ask the jury to decide how much money will compensate the victim for his injuries. The law refers to the compensation award as “damages” and has divided them into two categories: economic and non-economic.
Economic injuries/damages include:
· Past medical expenses —…
Who is Entitled to Compensation for Injury to a Family Member?
The spouse of a victim who has been physically injured may be entitled to compensation from whoever caused the injury. The spouse may be compensated for the following losses of family relationship also known as "loss of consortium":
- love,
- companionship,
- comfort,
- care,
- assistance,
- protection,
- affection,
- society,
- moral support,
- enjoyment of sexual relations
- or the
…