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Articles Published by Allen, Flatt, Ballidis & Leslie, Inc.
Should California Change Its Policy Toward Undocumented Immigrant Drivers?
California leads the nation in the number of undocumented immigrants living in the state, accounting for 2,570,000 of the 10.8 million people illegally residing in the United States in 2010, according to the U.S. Department of Homeland Security (DHS). Given that the state requires people to provide a Social Security number and proof of residency to obtain a driver’s license, this population undoubtedly contributes to the incidence of unlicensed driving.Read Article
Tort Reform: Beneficial for the State but Injurious for Its Citizens?
A recent article in the Orange County Register discussed debates going on throughout California on the subject of tort reform. The article cited the example of a Huntington Beach woman who had recently filed 48 lawsuits against the state over the course of a few months, underscoring the extent to which frivolous lawsuits plague the state. An attorney explains the issue and how tort reform can, in some cases, benefit the state and its citizens, and, in others, prove injurious for the latter.Read Article
Gun Flashlight Wrongful Death: A Case of Defective Design or Product Misuse?
SureFire is a California company that makes gun-mounted flashlights and weapons accessories used by law enforcement officials throughout the United States. Recently, however, a Dallas, Texas family sued the company, alleging that a bad flashlight design led to an inadvertent shooting and fatal personal injury. An attorney examines which argument concerning the cause of the death is more likely to prove successful in court: defective product design or product misuse.Read Article
Do Digital Billboards Distract Drivers?
Despite an effort in 2009 to impose a two-year ban on the construction of new digital billboards in Orange County, Los Angeles, and throughout California, there is currently no state law prohibiting these billboards from appearing up and down the sides of highways. Extensive controversy exists surrounding the potential for digital billboards to distract drivers and cause car accidents.Read Article
Does Federal Car Seat Crash Testing Account for Overweight Children?
The number of overweight and obese children in the United States has continued to grow, more than tripling in the past 30 years, according to the Centers for Disease Control and Prevention (CDC). In response to the increasing population of larger, heavier children, safety restraint manufacturers have introduced car seats with higher weight capacities.Read Article
California Building Codes: What Are the Consequences of Violations Causing Personal Injury?
Violations of California’s building codes resulting in serious or fatal personal injury have legal consequences for those responsible for the unsafe structure, whether the homeowners, builders, or architects. An attorney cites a recent case in which code violations proved fatal for an emergency responder to illustrate the dangers of incompliance with building laws and the consequences for the parties involved.Read Article
Should California Implement Measures to Prevent Distracted Walking and Cycling?
In recent years, distracted driving has received widespread government and media attention, from laws in California and elsewhere prohibiting text messaging and talking on cell phones while driving to educational campaigns and public service announcements featuring celebrities, explains an attorney.Read Article
How Have Past Tobacco Lawsuits Impacted Outcomes for Plaintiffs Today?
Tobacco litigation in the United States has been going on since the 1950s when the first reports were released linking tobacco to injurious health consequences, such as cancer, explains a lawyer. Although the first big win for plaintiffs came in the California case Henley v. Philip Morris, battles continue to rage on regarding what tobacco companies’ obligations are to smokers personally and to the public at large.Read Article
Intellectual Property Theft: Is SOPA the Solution?
The Stop Online Piracy Act, or SOPA, is a United States bill introduced in October of 2011 in order to help combat the online theft of intellectual property and its injurious consequences, both for large companies and for artists personally. While supported by movie studios in California, the Act became the focus of widespread criticism and an online protest. A lawyer explains the Act, its controversy, and examines whether it could serve as a solution to the problem of online piracy.Read Article
Product Misrepresentation: How California Law Protects Consumers
A Southern California woman recently made headlines after she personally sued Honda in small claims court when her car failed to live up to promise mileage standards, resulting in financially injurious consequences for her. The woman, Heather Peters, was awarded $9,867 from the small claims court judge and is encouraging others to follow her lead in making claims against Honda. A lawyer examines her case and explains the laws protecting consumers from product misrepresentation.Read Article
Elder Abuse and Psychotherapeutic Medications: When Has the Law Been Broken?
A 68-year-old California woman is claiming to have suffered the injurious consequences of abuse while in a nursing home and has filed a lawsuit against the Orange County care provider. The woman, a retired preschool teacher, claims she was drugged in an attempt to restrain her so the nursing home could begin collecting her social security check. An attorney explains the laws the nursing home may have violated.Read Article
Premises Liability: When May You Hold a Property Owner Liable for Your Injuries?
Under California law, a person who is injured due to an owner’s negligent management of his or her property may be entitled to compensatory damages. However, determining negligence depends on certain circumstances, including the duty the owner owes visitors to ensure their safety. A lawyer explains how this duty can shift with the context of the situation, citing an accident at an Orange County amusement park as an example.Read Article
Will Crocs Be Held Liable for an Orange County Child’s Injury?
At the end of January 2012, an Orange County, California couple added their names to the growing list of parents suing the shoe company, Crocs Inc. Crocs has settled with at least five families after their shoes allegedly caused escalator injuries. An attorney examines the case and explores the likelihood of the company being held liable for the child’s injuries.Read Article
Will New Fuel Economy Standards Jeopardize Safety of American Drivers?
In the past, new fuel economy standards have resulted in the production of smaller vehicles that fail to adequately protect occupants from suffering serious or fatal personal injuries in collisions. The federal government’s proposed CAFE standards have elicited concerns among safety advocates and lawyers in California and elsewhere for the safety of American drivers.Read Article
Will Toyota Manage to Avoid Liability for Unintended Acceleration Accidents?
California law allows for an individual to bring a lawsuit against a company if injured by a product manufactured by that company. Toyota is currently facing almost 200 such lawsuits in a United States District Court in Orange County, and, as the first one goes to court, their defense strategy is beginning to take shape. A lawyer explores whether the car maker will manage to escape liability.Read Article
Determining Excessive Force When Police Actions Cause Personal Injury
Police in Orange County and throughout California have a long history of respected service but also of problems involving misconduct, including excessive force causing injury or death. Understanding the rights and limitations on police officers is important. An attorney examines cases that recently occurred in the state to determine whether misconduct occurred and discuss the laws.Read Article
Could Lack of Regulation Limit Damages of Costa Concordia Victims?
In the wake of disaster on the Costa Concordia, a California congresswoman is renewing her call for increased safety regulations for cruise ships. The Costa Concordia was a cruise liner that ran aground of rocks and capsized after the captain allegedly steered too close to the rocky shore in Giglio, Italy.Read Article
Do Client List Protections Extend to Social Networks?
More and more companies today are involved in social media marketing and have built up followers on Twitter, LinkedIn, Facebook and other social networking sites. A recent California case against a writer who took his company’s Twitter following when he left and used the account for personal networking may have a significant impact on whether social media contacts are protected against the injurious consequences of employee theft, as is the case with client lists, explains a lawyer.Read Article
Could Plaintiffs Have Received Greater Damages had they Not Settled with Farmer Insurance?
In late 2011, Farmers Insurance Company settled a nationwide class action lawsuit arising from failure to pay reasonable medical expenses for personal injury claims made following auto accidents. According to a Los Angeles, California spokesman for the company, Farmers is pleased to have resolved the matter, although court documents indicate that Farmers settled without admitting guilt but instead chose to settle to avoid the expense of a trial.Read Article
Can an Employer be Held Liable for Death Resulting from Employee’s Drunk Driving?
Trinity Broadcasting Network (TBN), based in Orange County, California, is currently facing a civil lawsuit brought as a result of the actions of one of their employees. The employee, a pastor, was driving drunk in a company vehicle when he caused an accident resulting in the serious injuries that ultimately claimed the victim’s life. A lawyer explains how TBN may be held liable for its employee’s actions.Read Article
Could Illinois Case Impact Liability in Lawsuits Arising from Train Accident Victim Negligence?
Throughout the United States, pedestrians account for the majority of fatalities resulting from train accidents. In 2010, 725 people died on our nation’s railroads. While deaths from train-verses-motor vehicle collisions have decreased by 42 percent, those involving pedestrians have only declined by 6 percent. According to the Federal Railroad Administration, train-verses-pedestrian accidents are the leading cause of death in the railroad industry, reported USA Today.Read Article
Does California’s Low Carbon Fuel Standard Discriminate Against Fuel Producers in Other States?
As part of their efforts to prevent the injurious consequences of high greenhouse gas emissions, legislators in California passed regulations requiring producers, refiners, and importers of diesel and gasoline to reduce their carbon footprint by 10 percent over a decade. In late December, a federal judge issued an injunction preventing California from enforcing its rules on the grounds that California's regulations were in violation of the Commerce Clause in the United States Constitution.Read Article
Are There Limits to Religious Freedom Concerning Discrimination Based on Sexual Orientation?
In Los Angeles, a lesbian couple has filed a lawsuit against the proprietor of a bed and breakfast in Hawaii, alleging they personally suffered injurious consequences as a result of the discrimination to which they were subjected due to their sexual orientation. The owner of the establishment claims her actions were protected under her First Amendment right to religious freedom. A lawyer examines whether there are limits to religious freedom concerning discrimination based on sexual orientation.Read Article
Do Stuntmen Assume the Risks Inherent in Their Work?
Several large personal injury actions have been filed against celebrities and movie studios in California by stuntmen seeking damages for injuries incurred on the job, explains a lawyer in the state. The negligence lawsuits raise questions regarding whether the stuntmen assumed the risk of harm in a job known for its dangers.Read Article
Defamation: How Medium Influences Protections for Authors in California
With the democratization of public access to conveying and receiving information that has accompanied the Internet, questions have arisen as to which authors should receive protections from the consequences of defamation claims, explains a lawyer. While legal decisions in Oregon have indicated that only journalists are protected, California courts have focused on the immediacy of the news dissemination, ruling that the authors of news websites, often referred to as bloggers, are also protected.Read Article
Are Los Angeles Bus Riders Victims of Discrimination?
The Los Angeles, California Metropolitan Authority (MTA) obtains funding from the federal government to provide its services. As such, it is required to comply with antidiscrimination provisions found in Title VI of the Civil Rights Act of 1964. A recent federal audit of the MTA suggests that it is not in compliance with the law, the impact of which has been felt on a personal level among local riders and civil rights groups, explains an attorney in California.Read Article
Could Mandatory Meal Breaks Prove Detrimental to California’s Economy?
California has established rules for rest breaks and meal breaks in the Industrial Welfare Commission Wage Orders, explains a lawyer in the state. These rules are in place to prevent employers from making employees who earn an hourly wage work for long stretches of time without a break, as well as to ensure employees who forgo their breaks to work instead do not suffer personally injurious consequences, such as not being compensated for their time.Read Article
How Could Minnesota Court Decision Impact Victims of Bridge Collapses?
In November 2011, the Supreme Court of Minnesota ruled that the state may seek compensation from a California design firm whose predecessor company's faulty design caused the collapse of a bridge, resulting in several fatalities and even more cases of personal injury, explains an attorney. The ruling is a significant one, as questions of liability in such cases may become more pressing as America's infrastructure ages.Read Article
Stem Cell Research: Potentially Beneficial but Controversial
In 2004, California voters enacted Proposition 71, approving $3 billion worth of funding for stem cell research to be allocated over a 10-year period to different research facilities. Now, in 2011, the money is scheduled to run out in around five years and voters are debating whether to approve a proposition authorizing additional funding. The proposition of providing more public funding for stem cell research has proven controversial among California voters, explains a lawyer.Read Article
How Could Recent California Court Decision on Traffic Stops Influence Sentencing?
The 9th Circuit Court of Appeals in San Francisco, California recently ruled that a traffic stop does not constitute an arrest. This ruling is significant as it has implications when applying federal sentencing guidelines. Specifically, someone who has received citations during traffic stops in the past may face less personally injurious consequences if arrested for a separate offense, explains an attorney in California.Read Article
Do the Victims of Cyber Scams Have Legal Recourse?
Recently, the Federal Bureau of Investigation issued warnings concerning a new computer-related crime when three California residents suffered personally injurious consequences after falling for the scams, explains a lawyer in the state. Unfortunately, despite law enforcement's best efforts to help these victims, the law currently doesn't provide an effective way of dealing with cyber crimes, and the victims may have little recourse.Read Article
Does Drinking Increase the Risk of Fatal Falls Among Teens and Young Adults?
Fatal falls are typically associated with older adults, specifically those aged 65 and older. Motor vehicle accidents are the leading cause of death for teens and young adults, and, while alcohol increases the risk of such accidents, it also makes this demographic more susceptible to falls. Recent incidents in New York and Colorado illustrate how the risk of suffering serious or fatal personal injury escalates when people drink, explains a lawyer.Read Article
How Could Smartphone Apps Undermine the Efficacy of Sobriety Checkpoints?
Ever since the U.S. Supreme Court ruled that sobriety checkpoints are constitutional in 1990 in Michigan, several states have incorporated them into their efforts to prevent drinking and driving. Recently, the Orange County Register reported that drivers could access the date, time, and location of sobriety checkpoints via apps on their smart phones, leading many to question whether such apps are undermining the efficacy with which the checkpoints prevent drivers from drinking and driving.Read Article
Could New Trend in Alcohol Enforcement Prevent Accidents Involving Teenagers?
Alcohol is a major contributor to accidents in the United States, and a factor in approximately 190,000 emergency room visits among persons under the age of 21 in 2008, according to the Centers for Disease Control and Prevention (CDC). Throughout California, a new trend in alcohol enforcement has emerged, in which hosts of social gatherings on private property are being held accountable for underage drinking and resulting car accidents, explains a lawyer in the state.Read Article
Why Hasn’t the Motorcycle Industry Advocated Safety Technology?
Over the years, the incidence of fatal and personal injury collisions among passenger vehicle occupants throughout the United States has steadily declined as the car industry has equipped vehicles with more safety features. Only recently have motorcycle manufacturers offered such features to riders. Moreover, it has fought legislation mandating the use of helmets. A recent crash in New York illustrates the dangers of neglecting to wear a helmet.Read Article
Can Motorists be Held Liable if They Injure Pedestrians during a Protest?
For months now, financial districts and civic centers throughout the United States have been filled with demonstrators protesting economic and social inequalities. While police have targeted the crowds with canisters of tear gas, motorists have struck them with their cars, in some cases intentionally. Recently, in Oakland, California, two protestors suffered personal injury when a car struck them, prompting discussions about motorists’ liability in collisions with protesting pedestrians.Read Article
Could Better FDA Regulation of Cosmetics have Prevented Consumer Exposure to Formaldehyde?
Studies in Oregon and California recently revealed that consumers have unwittingly been exposed to the chemical formaldehyde and its personally injurious health effects, explains a lawyer. Although marketed as “formaldehyde free,” a popular hair-straightening product contained amounts of the chemical in excess of the 2.0 percent considered safe by the Cosmetics Ingredient Review Expert Panel.Read Article
Women in the Workplace: What is the Primary Cause of Fatal Injury?
The Bureau of Labor Statistics reported in 2010 that homicidal violence is the fourth leading cause of workplace death in the country. Moreover homicide is the leading cause of death for female employees, the incidence of which rose by 13 percent that year. A series of violent acts against female employees resulting in injuries and fatalities in Orange County and other California areas illustrate the severity of the problem, explains an attorney.Read Article
Technology and Surveillance: The Increasing Impact on Investigations into Excessive Force
In a time and a society in which it would be difficult to find an individual who does not have continuous access to communications equipment, police departments are relying on the public to assist with investigations. In Los Angeles, the LAPD initiated a service that allows citizens to anonymously text tips about crimes in their neighborhoods. In Orange County, the 151 witness statements and videos concerning the fatal beating of a homeless man led to criminal charges for two officers.Read Article
Which Parties Could be Held Responsible for Listeria-Tainted Cantaloupes?
A listeria outbreak linked to cantaloupes has affected people throughout the United States and spread to California. California has long provided broad protections to consumers who have suffered the personally injurious consequences of food borne illness, but the new case raises interesting questions concerning which parties could be held responsible for the outbreak, explains an attorney.Read Article
Who is Liable When a Bullying Victim Commits Suicide?
Over the years, bullying has received widespread media coverage. Some studies have shown that youths who behave aggressively are more likely to engage in criminal activity as adults, while others have indicated that bullying can lead to anxiety and depression and even drive some children to suicide. This tragedy and others have resulted in lawsuits, eliciting the question of who is liable when a bullying victim commits suicide.Read Article
What Were Some of the Issues Concerning Litigation over Methyl Tertiary Butyl Ether?
Over the years, as high levels of Methyl Tertiary Butyl Ether (MTBE) were discovered in water supplies throughout California and other states and the environmental and personally injurious health risks of the chemical studied, several lawsuits were filed against the oil companies responsible for the contamination. However, multiple legal issues concerning liability arose throughout the course of the litigation, explains an attorney.Read Article
When Can the Use of a Taser Be Considered Excessive Force?
In November of 2011, a California appellate court ruled that the use of a taser stun gun could, in cases involving personal injury, qualify as excessive force in violation of the US Constitution. However, other court decisions have varied, suggesting that the law on the use of the taser is still evolving. Given that police departments, counties, and officers have been found liable in lawsuits brought by those who have suffered trauma from the devices, they should use them with caution.Read Article
Why Was the Wal-Mart Discrimination Lawsuit Denied Class Action Status?
In June of 2011, the Supreme Court reversed the 2004 California federal court certification of a class of 1.5 million female workers alleging they had suffered the personally injurious consequences of gender discrimination while employed at Wal-Mart. At the end of October 2011, Reuters reported that a similar claim was filed in California federal court. The cases raise interesting issues of whether gender and sexual discrimination cases are appropriate for class action litigation.Read Article
Do the Families of Children Exposed to Lead at Disneyland have Legal Recourse?
In April of 2011, a nonprofit environmental group filed a lawsuit in California Superior Court alleging that Disneyland is exposing children to unsafe levels of lead at some of its popular Orange County theme park attractions, explains a local attorney. The lawsuit seeks an injunction to force Disney to comply with signage requirements, but lead exposure could also subject Disney to personal injury lawsuits brought by individuals harmed at the park.Read Article
Public Endangerment: To What Extent can Law Enforcement be Held Liable?
In September 2011, a California couple filed a lawsuit against the Trinity County Sheriff's Department for sending them into a dangerous situation. The couple had been contacted by a Sheriff's Corporal and sent to check on a neighbor who made a 911 call indicating she was in danger. They had not been warned of the nature of the distress call and, upon their arrival, were violently attacked. A lawyer explores how the couple will prove the police were liable for the personal injury they suffered.Read Article
What Constitutes Retaliation in the Workplace?
In California, employees are protected both under the Family and Medical Leave Act (FMLA) as well as under the California Family Rights Act (CFRA). Both the FMLA and CFRA ensure that employees who need to take off work temporarily due to a family emergency or medical need do not lose their jobs or suffer other personally injurious consequences as a result, explains an attorney in the state.Read Article
How Can Advances in Wireless Communication Prevent Car Accidents?
Every day in the United States, the actions and inactions of drivers—whether speeding, making dangerous lane changes, or failing to decelerate for red lights or slowing traffic—result in collisions. In 2009, crashes were among the leading causes of death for Americans between the ages of 5- and 34 years old, according to the CDC. Over the years, advances in wireless communication and other technologies have inspired innovations in transportation aimed at preventing car accidents.Read Article
Could Supreme Court Decision Jeopardize Medical Care for Accident Victims?
The Supreme Court is currently grappling with issues raised by a temporary injunction granted to hospitals and patients after California cut Medicaid patient fees in 2008 and 2009. The result of the Supreme Court’s decision could have a significant impact on patients who depend upon Medicaid to cover some portion of their personal injury-related expenses after an accident, explains an attorney.Read Article
Why Is the Department of Animal Services Seldom Held Liable for Dog Bites?
California law imposes a strict liability rule in dog bite cases, which means that an owner is always liable for any personal injury caused by his or her dog, even in situations where a dog has not bitten before, explains a lawyer. While owners may be held liable for their dogs under California's dog bite statute, as well as under negligence rules and the negligence per se doctrine, holding animal control responsible for a dog attack becomes a much more complicated proposition.Read Article
Were Lap Band Recipients Subject to Attorney Advertising Violations?
Twenty-one-year old California resident Jessica Bleaman's problems weren't over after she had to undergo a second surgery due to personally injurious complications from a gastric band procedure she underwent with a clinic found through a 1-800-GET-THIN ad. Bleaman also found herself facing collections activities and solicitation from a potentially unethical and dishonest lawyer. This article explores which bar association rules that attorney may have violated.Read Article
Has an Increase in the Incidence of Labor Abuses Accompanied the Recession?
According to the LA Times, the California Labor Commissioner has recently filed a historic minimum wage enforcement action against ZipRealty. The action, which seeks more than $17 million in unpaid wages and penalties, is unique because it is the largest enforcement action in California history. While the size of the claim is unusual, labor abuses have become somewhat commonplace during the economic recession, oftentimes with personally injurious consequences for employees, explains an attorney.Read Article
Can Employers Penalize Workers for Comments Made on Social Media Sites?
The National Labor Relations Act (NLRA) protects employees in California and elsewhere in the United States from personally injurious consequences for unionizing and engaging in protected “concerted” speech, explains a lawyer. Recently, the National Labor Relations Board (NLRB), the administrative agency that enforces the NLRA, held that comments made on social media sites about employers could be considered protected speech, for which employees may not be penalized or terminated.Read Article
Which Demographic Accounts for the Majority of Fatal Alcohol-Related Crashes?
Drunk driving has long been one of the nation’s most serious traffic safety issues. In 2009, alcohol-related motor vehicle crashes claimed the lives of 10,839 people, according to the National Highway Traffic Safety Administration (NHTSA). Compared to 2006, there were 2,631 fewer fatalities in 2009. The group responsible for such accidents, however, has remained largely the same, as a car accident that recently occurred in Orange County, California illustrates, explains a local lawyer.Read Article
How Can We Reduce Congestion and Car Accidents on Southern California Roads?
Concomitant with Southern California’s thriving car culture are heavily congested roads and high car accident rates. Researchers at Texas A&M found that Los Angeles and Orange counties have some of the worst traffic in the country. Such conditions have attracted widespread attention from the media, state transportation agencies, and safety advocates, many of whom are exploring a form of traffic control long used in European countries: the roundabout.Read Article
Will New Rules And Harsher Penalties Prevent Physical Altercations At Sporting Events?
After several brawls and other instances of violence resulting in personal injury at sporting events in California, new rules for attendants have been issued at stadiums throughout the state, and officials are discussing creating harsher penalties for offenders, explains a local attorney.Read Article
How Is The Technology For Avoiding Midair Collisions Advancing?
Over the years, flying has become an increasingly safe mode of travel, with the annual number of fatalities suffered in accidents steadily declining. However, midair collisions, especially involving smaller aircraft, still pose a significant safety threat, with an average of 30 crashes resulting in a total of 75 deaths recorded each year since 1978. An accident that recently occurred in California illustrates the problem, explains a lawyer in the state.Read Article
Protecting Privileged Information: What Every Client Should Know
Conversations and other conveyances of information between a client and his or her lawyer are considered privileged in that they are protected from disclosure during the discovery process. This protection is referred to as “attorney-client privilege.” Unfortunately, the client may inadvertently waive this privilege in certain situations. Moreover, communications via electronic devices and mediums may also compromise the attorney-client privilege, as a case in California recently illustrated.Read Article
How to Avoid Personal Injury while Climbing Half Dome
Each year, millions of people visit Yosemite National Park in California. While some come to see the cascading waters of Bridalveil Fall or Vernal Fall, many come to make the nearly 9 mile trek to Half Dome. Making the final 400-foot ascent requires that hikers use cables to climb the rock, a dangerous feat that has resulted in numerous fatalities and even more cases of personal injury over the years.Read Article
Minimizing Risk: Why Health Standards for Truck Drivers Should Be Stricter
Obesity, heart disease, and sleep apnea are just a few of the medical conditions that are prevalent among truck drivers in the United States, leading many legislators, lawyers, and safety advocates to question why the responsibility of operating some of the nation’s deadliest vehicles is entrusted to one of its unhealthiest populations.Read Article
Workplace Safety: Preventing Heat-Related Illnesses and Death
Individuals who work outdoors are especially susceptible to the impact of high temperatures on the body; specifically, they are prone to suffering heat-related illnesses and death. Although California introduced rules for employers requiring them to provide water, shade, training, and rest to employees who work outdoors in 2005, such illnesses have remained a problem in the state.Read Article
Are California’s Limits on Non-Economic Damages Unconstitutional?
Ever since the California Legislature passed the Medical Injury Compensation Reform Act of 1975 (MICRA), plaintiff’s attorneys have been working hard to repeal or amend the law. It is patently unfair to cap a malpractice victim’s non-economic damages, and it gives doctors and healthcare facilities incentive to do a cost benefit analysis on human lives.Read Article
The Impact of Constitutional Protections on E-Discovery
The technological advances that have accompanied the digital age have presented lawyers in California and elsewhere with new challenges when conducting discovery for civil cases involving personal injury and wrongful death, as well as criminal ones. This article explores how constitutional protections have further complicated the process.Read Article
Which Fireworks Carry the Highest Risk of Personal Injury?
The inherent risk of serious or fatal personal injury fireworks carry has long made them a vigorously regulated commercial product in California and throughout the country. With the first law passed in 1939, today the state only permits the non-professional use of a select few types of fireworks, specifically, those labeled “safe and sane.” All fireworks that explode and rise into or project through the air are prohibited, as they tend to be more dangerous.Read Article
RV Travel Hazards: What Every Vacationer Should Know
Recreational vehicles, or RVs, allow families to enjoy summer holidays without the expense of hotels. There are, however, several safety issues with these vehicles: while overloading causes a significant number of accidents and personal injury annually, in recent years, defective tires have contributed to a peak in rollovers and tire blowouts in California and across the country.Read Article
Why a Child’s Risk of Unintentional Shooting Death May Be Greatest in the Home
Gun ownership is guaranteed by the Second Amendment and is a fundamental right in the United States. However, along with owning a gun comes responsibility, including storing it in a safe place, out of the reach of children. Unfortunately, far too many children in this country have access to guns, resulting in a high incidence of accidental personal injury and death, especially in the home, as one incident that occurred in California illustrates.Read Article
Which Factors Make Rollover More Likely?
The likelihood of suffering serious or fatal personal injury during an accident increases if the vehicle rolls over. Although rollover is not particularly common in most crashes involving light passenger vehicles, occurring in only three percent, it accounts for more than a third of occupant deaths, according to the Insurance Institute for Highway Safety, (IIHS).Read Article
How Have Technological Advances Impacted Tort Lawsuits?
Technological advances have had a tremendous impact on our lives, altering the way we navigate the world—whether online or on the road. The increasing computerization of cars has made investigating defects contributing to accidents more challenging, as illustrated by a class-action lawsuit attorneys are pursuing against Toyota in Orange County.Read Article
Should California Traffic Tickets Fund Paralysis Research?
Recently, the California State Assembly passed AB 190, the Roman Reed law, which is named after the college football player who sustained a personal injury during a tackle that left him paralyzed. If passed this summer by the full Assembly and Senate, it would raise approximately $11 million dollars a year for spinal cord injury research. Each moving violation ticket would include a $3 surcharge.Read Article
Hot Tubs Remain Dangerous Killers to Those Young Ones Who Live with Us
Child drownings occur with such frequency that we have to take personal responsibility to help prevent them. Here are several keys to reducing or eliminating child drownings in our hot tubs and pools, as written by a California wrongful death lawyer.Read Article
Is Cell Phone Use Like Smoking - Long Term it will Probably Kill You!
Cell phone use, civil liability, products liability, personal injury, California tort claims.Read Article