Dog Bites and Premises Liability in California
In California, people who own dogs can be held strictly liable for the harm from a dog bite, no matter how carefully they restrain or guard their dogs. California Civil Code Section 3342 is the dog bite statute, which outlines when dog owners can be held responsible for injuries caused by their dog.
Elements the Plaintiff Must Prove to Establish a Dog Bite Claim
According to CACI 463, in case the plaintiff claims that the defendant’s dog bit him and that the defendant is responsible for the harm, he must be able to prove all of the following elements to establish the claim:
- The defendant owned a dog;
- The dog bit the plaintiff while he was in a public place or lawfully on private property;
- Plaintiff was harmed; and
- Defendant’s dog was a substantial factor in causing harm to the plaintiff
Strict Liability in California
Under strict liability, an individual is liable for his conduct, even if he was not acting negligently. Generally, to prove the claim the victims are required to show that the defendant’s conduct was negligent. However, under strict liability, the victims do not have to prove the defendant’s negligence. Factors the court considers regarding dog bite include:
- Whether or not the owner undertook all possible actions to prevent the accident;
- Whether or not the dog had previously bitten anyone; and
- Whether or not the owner had any reason to believe that the dog could act aggressively toward people
California’s statute imposes strict liability only on the dog’s owner. However, under the statute, other persons, such as a keeper or handler, can also be deemed an “owner.” They can also be responsible for a victim’s injuries, but not under the strict liability statute. To be found guilty, a handler or a keeper must have prior knowledge of the dog’s aggressive acts, such as a prior bite.
Premises Liability in California
When a person enters the property of another one he has a reasonable expectation that he won’t be injured or hurt. A property owner of the property or the occupier owes a due of care to third parties. Thus, it is the owner’s obligation to maintain a safe environment for all individuals entering his premises. This includes keeping potentially dangerous animals away from people or put up warning signs.
Exceptions to California Dog Bite Statute
Some exceptions to California Civil Code Section 3342 include:
- The dog was a law enforcement animal and was carrying out police and military work.
- The victim was a trespasser and was unlawfully on another person’s private property. To be lawfully on the private property of the owner” means that the person was performing any duty required by law or was on the property at the invitation of the owner.
- The victim was partially at fault for his injuries. He can be partially at fault for a dog bite in case he annoyed, harassed, provoked, or hurt the dog that bit him.
- The victim could assume the risk of being bitten. Veterinarians and kennel workers who have assumed the risk of a dog bite are not eligible to recover compensation under California Civil Code Section 3342. However, they can still claim that the dog owner must be liable because of his negligence; they just cannot rely on strict liability.
Statute of Limitations for Dog Bites in California
In California, the statute of limitations for a dog bite is two years from the time of the incident.
Are You a Victim of a Dog Bite in California?
Are you a victim of a dog bite in California? Our experienced dog bite lawyers at KAASS Law may be able to provide you with the legal assistance that you need. We invite you to contact our office at (310) 943-1171 for a free consultation.
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Child seats save lives and protect the most vulnerable passengers in motor vehicles. Young children must also ride in proper booster and safety seats for their height, weight, and age in California. However, defective car seats and boosters can cause significant injury and even death to young children.
Common Booster and Safety Seat Defects
According to state laws and regulations, all children under the age of eight must be in an appropriate car seat, with certain exceptions for older children whose parents are in the vehicle. To guarantee that tiny children are safe in the case of an accident, these standards differ based on the child's age and weight. While victims of catastrophic automobile accidents nearly always experience some injuries, the assumption is that a child safety seat, booster seat, or harness should decrease these risks and save the lives of little children. When car seat and child seat manufacturers fail to regard kid safety, the civil court system can frequently find them legally accountable.
Our Lawyers Can Represent Clients Whose Children Have Injuries
- Driver seatbacks that collapse and injure children in the back seat,
- Backless booster seats that provide no head or neck protection,
- Shield-type booster seats that allow children to hit their heads or slip out of the seat,
- Convertible child carriers that come apart,
- Insufficient designs on car seats.
Car Seat Industry Safety Standards Are Inadequate
Part of the problem with child car seat injuries stems from the absence of proper safety requirements for car seat manufacturers. There are presently no industry-wide regulations for safe performance in a kid seat in a rear-, side-, or rollover collision. Children who are too big for a child seat but too tiny to be securely secured by the vehicle's seat belt system are also in danger of harm.
What Can I Do to Avoid Purchasing an Improper Child Car Seat?
It may be upsetting when you rely on a product to keep your children safe, and that product fails. Keep up with safety recalls and unfavorable publicity for any seats or manufacturers to avoid purchasing a faulty kid car seat. The NHTSA offers a webpage dedicated to informing customers about the most recent recalls.
What Causes a Defective Child Car Seat?
The following are examples of common car seat flaws:
- A shattered foundation,
- Handles that are defective,
- Latch failures,
- Failure to properly lock and unlock buckles,
- Flammable substance.
If you're tempted to buy or give away an old car seat, resist. Child car seats have a shelf life. You will not be penalized or charged if you use an expired or used car seat. They can develop cracks and lose their straps with time, resulting in catastrophic failure in an accident. Also, do not purchase a secondhand child car seat from the internet. You don't know the seat's history, which puts your child at risk in an accident. When your children are close in age, this is an exception. You can hand it down to the younger child as long as the seat is still safe to use.
Defective Child Car Seats Can Lead to Catastrophic Injuries
Child car seats are designed to safeguard young passengers during vehicle crashes. Unfortunately, when these products are defective, such as collapsing seatbacks, faulty buckles, or poorly designed boosters, the consequences can be devastating. A lack of federal safety standards for side, rear, and rollover collisions further increases the risk. Manufacturers may be held liable if their negligence contributes to a child’s injury or death. At KAASS LAW, we’re committed to holding them accountable and protecting your family’s rights.
Get Legal Support for Child Car Seat Injury Cases
If your child was harmed due to a defective car seat, you deserve justice. Our attorneys at KAASS LAW understand the emotional and financial toll these cases can bring. We use our legal experience and investigative resources to pursue maximum compensation for families affected by design flaws or manufacturing failures. Let us help you hold negligent companies responsible. Call us at 310-943-1171 or explore more of our legal services online.
Fighting for Defective Child Car Seat Victims
Children who survive a vehicle accident with a faulty safety seat may miss out on a lifetime of chances ranging from lifelong paralysis to traumatic brain damage to spinal cord injuries - and regrettably, many of the tiniest children cannot survive such a crash at all. Our experienced personal injury attorneys at KAASS LAW have considerable investigative tools to assist you in exploring all legal options following a tragic death or catastrophic injury. You can contact us at 310-943-1171. We believe in finding justice for families and ensuring that no parent has to endure the same pain because we've seen firsthand the devastation that vehicle faults can bring. You can rely on our team to offer the compassionate representation you need following a vehicle accident. Visit this link to be introduced to our additional practices.
Premises liability is hard to prof but we can help you. Slip and fall accidents on sidewalks are more common that you may believe. On either public or private property, if a walkway was uneven and you fell, you can seek financial compensation for your damages. You may seek compensation for your injury related expenditures, lost wages, pain and suffering, and other damages if the party in charge of maintaining the sidewalk was negligent in their job. Owners of property have a responsibility to keep their structures safe so that guests are not at risk of harm. The owner of the property should be responsible for paying damages if someone is injured as a result of the owner's failure to keep the area safe and free of hazards like uneven walkways.
Who is Liable for Accidents on Sidewalks?
Your sidewalk injury may be the result of negligence on the part of a person or entity, depending where the accident occurred. Finding out who or what was in charge of maintaining the sidewalk should be your first step if you have fallen and sustained injuries there. In order to start the process of submitting an injury claim on your behalf, we know how to find the at-fault party and get their insurance information. Along with precisely documenting your losses, we will also collect a large quantity of evidence from the accident scene.
Government Property Slip and Fall Accidents
The government may be liable for your injuries if you trip, slip, or fall on land it owns or manages. In general, if the government was careless and that conduct resulted in your injury, you can seek compensation for your losses. If your injuries happened on a city-maintained or another sort of government-maintained sidewalk, you must go through a series of steps before ever discussing a settlement.
Who is Liable for Public Property Slip and Falls?
You must identify who is accountable for maintaining that section of the sidewalk if your injuries happened on public property (such as in a parking lot or in front of a store at a shopping center). The upkeep of outside property is the responsibility of many companies. However, in retail centers and strip malls, maintenance may fall within the purview of the entire property's owner. A detailed review of property records may be required to determine to whom a notice of claim should be delivered in order to obtain compensation.
Landlord Premises Liability
The landowner may be responsible for your injuries if the walkway was on a private property. Every homeowner's insurance policy provides information on premises liability. In the event that a person is hurt on their property, they may have coverage to be utilized to reimburse the victim's losses. Contacting the homeowner's insurance provider to submit a claim is necessary before the settlement process can start.
Sidewalk Accidents and Their Common Causes
The following are among the most considered as a crucial factor for sidewalk collisions:
- Cracks
- Sloping/slanted pavement
- Utility holes and damaged grates
- Loose materials
- Debris
- Obstructions
- Landscape neglect
Companies, governments, and homeowners that are in charge of maintaining sidewalks should ensure that they are safe for pedestrians. This involves correcting risks as soon as possible and providing warnings of hazards as needed.
Injuries Caused by Sidewalk Falls
Whatever caused your fall, you might sustain a variety of injuries. When you trip or slide suddenly and fall on the rough concrete of a sidewalk, everything is conceivable, from shattered bones and fractures to concussions and severe brain damage. The following are the most common injuries that occur when someone has a trip, slip or fall injury on a sidewalk:
- Injuries to the back
- TBI (traumatic brain injury)
- Ankle fractures or sprains
- Injuries to the wrist and elbow
- Knee problems
- Muscle strain
- Hip sprains
- Bruises and cuts
You don't have to pay medical fees and any associated damages as a result of someone else's negligence.
Contact a Los Angeles Attorney Today for Your Premises Liability Case
Contact a Los Angeles Attorney today for a consultation on your case. Premises liability is one of our many practices. Our devoted personal injury attorneys at Kaass Law have expertise managing challenging premises liability matters. Without legal knowledge, we are aware that pursuing financial recompense for your injuries from an aggressive insurance provider or a property owner can be stressful. So that you can concentrate on what's most crucial—your recovery—let us pursue the money you're entitled. Please dial 310.943.1171 to speak to our specialized attorneys.
Spinal cord injuries commonly occur after a slip-and-fall accident. When you've fallen and hurt yourself, it may seem like your rehabilitation process will take months. Some people may experience back discomfort that persists after slipping or falling, which can cause sadness to set in very fast. Spinal cord injuries brought on by falls have significantly increased during the previous 40 years. Environmental factors like icy surfaces or wet floors frequently cause same-level slip-and-fall accidents. Serious spinal cord damage can ensue from such incidents, especially in the elderly population. Slips and falls often result in more serious, life-threatening consequences for older individuals. Additionally, their hospital stay is longer, and their medical expenses are higher.
Injury to the Spinal Cord
One of the most severe and disabling injuries brought on by a slip and fall is a spinal cord injury. A broken or displaced vertebra may be the cause of a spinal cord injury. There are two types of spinal cord injuries: complete and incomplete. When the cord can no longer convey impulses below the level of injury, it is considered complete. As a result, the area that has been under the impact is losing all sensation below. If the injury is not complete, the victim can still move somewhat and feel a little under the stress.
Can Spinal Cord Injuries Get Worse Over Time?
The fact that slip and fall accidents have both short-term and long-term effects is a very common concern. You are significantly more likely to have a major injury following a fall if you are a high-risk person, such as an elderly person or someone with brittle bones, previous damage, or fissures. Torn ligaments, crushed discs, and pinched nerves can also result in severe harm that may last a lifetime. The spine has three primary regions:
- the neck's cervical vertebrae (upper spine)
- the middle back's thoracic vertebrae
- the lower back's lumbar vertebrae
Different regions of the body are affected by the discs, nerves, and muscles that are unique to each region of the spine. Chronic pain can quickly deteriorate due to improper diagnosis or lack of therapy, leaving you in moderate to severe discomfort.
What Do I Do if I Get a Spinal Cord Injury?
Every patient is different, thus we always create individualized treatment strategies for each of them. However, there are some commonalities among those who slip and fall that can help us identify issues and develop better solutions for quicker relief. Recognizing the causes of your back injury symptoms may be made easier if you are aware of these conditions. Always get a medical professional's advice before attempting any remedies. Early treatment can lessen the intensity of your pain and stop permanent nerve and muscle damage.
Vertebral Compression Fractures (VCFs)
Vertebral compression fractures (VCFs), which can occur anywhere in the spine but are most frequently found in the lower thoracic and upper lumbar spine, can be caused by some falls. From excruciating pain to physical deformity, the impacts are varied. People with brittle bones are more likely to get VCF injuries, just like patients with osteoporosis. Compression fractures are also more likely to occur in postmenopausal women. Vertebral compression fracture symptoms include:
- abrupt backache
- discomfort when standing or sitting
- less discomfort when lying on your back
- decreased mobility
- loss of height, incapacity, or progressive deformity
- slipped discs
The softer inner component of the disk might herniate when a disc ruptures due to a fall or slip that twists the spine. This puts pressure on the nearby nerves, which can cause mild to severe pain, tingling and numbness, and weakness of the muscles. Herniated disc sufferers can experience discomfort that corresponds to individual spine injuries. For instance, you might feel discomfort and tingling in your lower limbs if a disc in your lumbar region herniated. Herniated discs can be controlled early on with chiropractic care, physical therapy, therapeutic ultrasounds, steroid injections, and medication, but surgery is the only effective treatment for them.
Contact Slip and Fall Injury Attorney Today
One of our many practices is slip and fall accidents. If you sustain a spinal cord injury from slip and fall accident, contact Kaass Law experienced an attorney for a consultation and case evaluation. With our help, you can file a California slip and fall claim and seek the financial compensation you deserve. Feel free to give us a call at 310.943.1171
