In California, you can sue for injuries sustained in a horse-riding equestrian accident. An injured party may be entitled to damages, such as medical expenses and pain and suffering.
Liability for an injury sustained in a horse-riding accident may attach to:
Common causes of action in horseback riding and equestrian accidents include the following: General Negligence: Often times horseback riding accidents and injuries occurs due to the equestrian club and or riding agency’s negligent actions. Common negligent action on part of the equestrian club includes failure to the instructor to train new riders, failing to properly train a horse, or failure to properly fasten saddles and girths to the horse. Product Liability Claim: Horseback riders can sustain injuries due to the use of defective riding equipment such as defective saddles, defective riding helmets, defective girth, and bridles. In order to succeed on a product liability claim, the plaintiff must prove that the existence of a defect in the product substantially increased the risk of harm to the end-user. A plaintiff may prove the existence of a defect in a product in 3 ways. (1) Defect in the manufacturing process of the product; (2) Defect in the product's initial design; and (3) Failure to warn. Premises Liability: Injuries sustained in horse-riding accidents can be caused by defective riding trail conditions including. Under premises liability, owners and operators of the property/land are liable for any injuries caused by known and knowable dangers.
If someone suffers an injury in a horse-riding accident, they can seek compensation for the following:
The statute of limitation for filing a civil lawsuit in a horse-riding accident is 2 years.
If you or a loved one has been injured in a horse-riding accident, we invite you to contact KAASS LAW at (310) 943-1171 for a free consultation and case review.
In some cases, the determination of liability may depend on the specific relationship between the parties involved in the incident. For example, if an injury occurs during a paid horseback riding lesson, the instructor has a duty to ensure the safety of the client. Failure to fulfill this duty may result in the company being held liable for negligence. In addition, a signed waiver of liability does not always exempt the defendant from legal consequences. In California, courts look at the circumstances of the case. Especially if the defendant's conduct goes beyond ordinary negligence and approaches gross negligence. Therefore, with a signed waiver, an injured person can still file a lawsuit.
To successfully bring a negligence claim, four key elements must be proven:
In the case of horseback riding, such duties may include:
It is important to gather evidence as soon as possible after an accident. Such as:
You may also need the opinion of equine or veterinary experts. To confirm that there is a defect in the equipment or that the animal is unfit for use.
In addition to economic losses, the injured party is entitled to compensation for:
The court may consider the severity of the injuries, the length of recovery, and the impact on personal activities.
If you have been injured in an equestrian accident, it is important to consult with an attorney as soon as possible. Contact KAASS LAW at 844-522-7752 for a free consultation. We will analyze the details of your case and explain your legal rights and options.
Buses are common carriers because they are in the business of transporting people or property for a fee. However, there are other factors used to determine if in fact the entity is a common carrier. These factors include the following:
Common carrier responsibilities ensure the safety of passengers as well as others that are sharing the road. Some examples of common carrier responsibilities include:
A common carrier is an individual or business that advertises to the public that it is available for hire to transport people or property in exchange for a fee. A typical example is Uber or Lyft services.
A common carrier must exercise the utmost care and be careful so as to protect their passengers on board. Additionally, the driver of Uber/Lyft ride is responsible to warn fellow passengers should there be any potentially dangerous condition they know of that may harm the passengers on board. For example, an Uber driver should warn their passenger if one of the seatbelts in the car is not properly working so that the passenger may use another seatbelt instead.
Common carrier responsibilities ensure the safety of passengers as well as others that are sharing the road. Some examples of responsibilities include:
California Vehicle Code does not have any limitations with regards to the age of drivers, that's why it is easy to notice both young and old drivers on roads. However, senior-aged drivers can have more problems while driving and can cause more car accidents. The reasons for the above mentioned are very simple-the physical conditions of the elderly drivers do not let to drive more carefully. For example, a driver of a senior age can suffer from problems with eyesight, thus can fail to notice any marks and signs on the roads. Not hearing the traffic can also become a problem and lead to car accidents.
California law requires drivers that are 70 years or older to renew their drivers license.
As mentioned above, you must complete the driving license renewal process in person to allow the DMV to evaluate your condition before deciding. The DMV may require the elderly driver to undergo a medical evaluation to assess their physical and mental condition. The medical evaluation shall include:
Car accidents, unfortunately, happen every day and cause damages to both the vehicle leading to negative economic consequences to drivers but also their life and health. Car accidents are caused by different reasons such as hydroplane car accidents, accidents involving elderly drivers, and ordinary accidents happening because of the negligence of the drivers. One of the types of car accidents is defective tire accidents.
Manufacturing defects are related to such issues, which, arising during production, make the tire differ from particular specifications.
Design defects are considered to be in place if the tire doesn't perform as safely as it can be expected by an ordinary customer and place risk of danger on the latter.
In the case of the manufacturer, the designer does not provide instructions, safety warnings to the use of the tires and lead them to cause damages, it is considered that the tire had a warning defect.
While, many people may enjoy rainy weather, rainy weather also becomes a problem for drivers and often times lead to traffic accidents. Particularly, rainy weather is a reason for most hydroplaning accidents.
Hydroplaning is a term describing "sliding and skidding" of a vehicle across a wet surface. It also means the vehicle’s tires contact more water, causing them to displace and lose traction. This causes drivers to lose control over the brakes of the vehicle.
The main cause of the accidents is bad weather. However, there is also another reason for such accidents. Mechanical reasons can also cause them. Particularly, poor tire tread or poor tire pressure can lead to failure to keep control over the car. Among such factors, a driver's negligence can cause car accidents. Particularly, drivers must not exceed the speed of a vehicle in bad weather conditions, and failing to slow down can lead to a hydroplane accident. However, others can also be responsible for the accident, which is a ground for the driver to seek compensation for damages.
Aside from the negligent party, road defects can often cause hydroplane accidents. As such, the government may also be an at-fault party in hydroplane accidents if there was a defect in the road. The government must design and construct roads to maintain safety and prevent dangerous road incidents. In the event you believe that a hydroplane accident was caused by defective road conditions, you must file a within 6 months of the accident with the appropriate government agency. Other drivers' negligence can also lead to the occurrence of hydroplane accidents.
While a swimming pool is one of the best places to enjoy your weekend, it can become a risk for you and also the owner of the pool if an drowning accident happens.
You can file a lawsuit for the drowning accident in case the swimming pool does not comply with the safety requirements of the state or in case the lifeguards were negligent and, as the result of such negligence, the accident happened. The owner of the pool can also be liable in case the lifeguard it hired was not qualified for the performance of job duties.
Upon filing a lawsuit for negligence arising out of a drowning accident in California the Plaintiff is required to prove the following:
California Vehicle Code forbids driving under the influence of drugs and alcohol. The law considers a driver intoxicated if drugs or alcohol impair their ability to drive. If you have a driving accident by the fault of the DUI driver, you are entitled to seek compensation for damages as well as filing a civil lawsuit against the at fault party.
Any driver has a duty of care towards other drivers and pedestrians. This duty is also the basis of all restrictions under California law regarding intoxicated driving. Thus, if this duty of care is violated and one is injured because of such violation, the driver can be held liable. Furthermore, the DUI driver may be liable under the "negligence per se" legal theroy. In other words, if the driver violates a statute, such as driving under the influence of alcohol or drugs or exceeding the BAC limit, and causes a car accident, the driver will be liable for the injuries to the victim. To seek compensation for damages for DUI accidents, you shall prove that the driver was drunk or under the influence of drugs at the time of the accident, and this fact acted as a direct reason for the accident to happen. You do not need to wait for the drunk driver’s conviction to file a civil lawsuit. If you can present evidence of damages caused by the DUI car accident, you can seek compensation without waiting for the driver’s conviction.
When you are in an accident with a drunk driver, it seems obvious that the driver should be responsible for your losses. However, drunk drivers are not always automatically completely liable in a motor vehicle accident in California. In some cases, accidents involving a drunk driver may not result from the drunk driver themselves.
To hold a driver responsible for an accident, he or she must have been driving in an unlawful or negligent manner which directly caused the accident. This includes any number of traffic safety rule violations such as:
Liability depends on examining the facts of the accident and identifying the direct cause, which can be quite complex. Consult with one of our Los Angeles Personal Injury attorneys to help you figure out who was at fault in your accident.
Road debris accidents occur when objects that don't belong on the road cause harm. Road debris can result from any number of sources, both vehicular and non-vehicular. Examples include:
Road debris is hazardous to drivers, cyclists, and even pedestrians. Accidents caused by road debris usually happen when a driver hits the object itself, or when a driver swerves to avoid the object and hits another vehicle or another object.
A few questions to ask that can help determine who is at fault for a road debris accident are:
When an object falls off of a vehicle and into the road, the driver often does not notice and immediately drives away, making it difficult to assign blame to the party who dumped the debris.
Yes, a bus driver may be held liable should they fail to observe local laws. The idea here is that when an individual becomes a passenger in a bus, the passenger is essentially putting themselves under the bus driver’s control. Thus, a bus driver has a responsibility to provide the highest degree of care and safety to its passengers regardless if riding for a short or long trip.
In order to successfully prove liability of a bus driver in California, you must prove that negligence occurred. Proving negligence of a common carrier usually means showing that the bus driver violated the law. Additionally, negligence can be shown should the driver fail to act reasonable in using care and diligence expected of a cautious bus operator.
Bus accidents may cause severe and long-term injuries as well as cause other damages that may impact ones life. If you or someone you know has been injured in a bus accident, contact our Los Angeles bus accident lawyer at (310) 943-1171 for a free consutlation. Our personal injury attorneys can provide you with any sort of legal assistance you require.
A common carrier can hold responsibility for injuries a passenger sustains. The idea here is that when an individual becomes a passenger in an Uber or Lyft, the passenger is essentially putting themselves under the Uber or Lyft driver’s control. Thus, the driver of Uber or Lyft has a special duty of care towards the passengers that board Uber or Lyft. Typically, proving negligence of a common carrier means showing that the Uber or Lyft driver violated the law or by showing that the driver failed to act reasonably in using care and diligence expected of a cautious Uber or Lyft driver.
To establish common carrier liability, the injured party must prove these key elements:
For example, if an Uber driver ran a red light and caused an accident, this could be direct evidence of a breach of the duty of care.
There are times, however, when a common carrier may not be liable. For example:
However, even if the passenger is partially at fault, California has a comparative negligence rule. This means that the court may apportion some of the fault between the parties.
Passengers injured as a result of a common carrier's negligence may be able to recover for:
In some cases, punitive damages may be available if it can be shown that the transportation company intentionally disregarded safety.
These companies may be held liable in certain situations. For example:
As you can see, Uber and Lyft are not only required to vet their drivers, but also to ensure that their services are functioning properly. Failure to comply with these requirements could result in legal liability for the companies, in addition to the drivers themselves.
It is important to remember that California has strict statutes of limitations for personal injury lawsuits:
Failure to seek legal counsel in a timely manner may result in the loss of your right to compensation. That is why it is important to contact an experienced attorney immediately after the incident.
If you or someone you know has been injured in an Uber or Lyft ride, contact our Los Angeles UBER accident lawyer at (310) 943-1171. Our attorneys can provide you with any sort of legal assistance you require.
If you have been injured while riding with Uber, Lyft, or another transportation company, seek help immediately. The attorneys at KAASS LAW are experienced in transportation negligence cases and are ready to stand up for your rights. We can help you get fair compensation and guide you through every step of the legal process. https://www.youtube.com/watch?v=kyD1x6BCMWs
The following medical conditions can be a reason to suspend your driving license:
The DMV also considers the medications elderly people use to treat illnesses, as their side effects can cause drowsiness and dizziness, impairing driving.
The common sources which DMV has to assess driving conditions of the elderly person can be:
In the event there are threatening physical or mental conditions, the DMV can ask you to submit a DMV driver medical evaluation regarding your medical history with your doctor. Another option is to ask for re-examination (including a driving performance test).
Pursuant to California Vehicle Code 14100, you can challenge the revocation at DMV administrative hearings. The period for such a request is 10 days after receiving the notice of revocation. If the hearing result is unsatisfactory and the license does not renew, the next step involves the department reviewing the case. The period for submitting for this review is 15 days after receiving the decision. In any case, you have the right to challenge the decision in court if neither the 14100 hearing nor the department review gives any result. The period is:
There are a number of steps older drivers can take to keep their license. First and foremost:
This will allow you to monitor your health and identify potential problems early. Older drivers are also advised to have their vision checked in a timely manner. Be sure to wear corrective lenses if necessary. In addition, it is important to avoid taking medications while driving that cause:
To successfully pass a DMV recertification, a driver should prepare in advance. You can take additional training at a driving school or take a few lessons with an instructor. It's also a good idea to study the current rules of the road and take practice tests.
In some cases, the DMV may impose restricted driving conditions instead of suspending a driver's license altogether. For example, a driver may only be allowed to drive during daylight hours. Such restrictions allow you to maintain your mobility while minimizing the risk to public safety. Contact KAASS LAW for advice and representation.
Experienced and professional legal assistance can help you to challenge the DMV decisions and renew your license-restoring your right of driving. We invite you to contact KAASS LAW at (310) 943-1171 for a free consultation on your case and further assistance.
As discussed above, if it is believed that the case of an accident arose out of a defective tire, the liable party of said accident may include:
Generally, to prove that the defect of a tire was the reason for the accident, an qualified expert would testify in the form of expert testimony. Common examples that the expert would need to testify to includes:
You shall also prove that you used the tire in a foreseeable manner and the defects occurred before your use of the vehicle. Expert's opinion shall also assist you with this evidence.
Family members are entitled to file such lawsuits and receive compensation. The family members having such rights are:
Other common losses
Compensation in a defective tire lawsuit can include the following:
The defendant can bring different arguments supporting his position, such as that the tires were affected not by his fault but by your negligent use. For this reason, it is essential to receive professional assistance and consult an experienced attorney.
If you or a loved one has been in a defective tire accident, contact our Los Angeles Personal Injury attorney at (310) 943-1171 for a free consultation and case review. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
Cases involving dangerous roads are specific and complex. Proving that a badly constructed road caused your accident can be very challenging. In other words, it can be difficult, but at the same time essential to prove the direct link between your accident and negligence of, for instance, governmental bodies. Collecting evidence after an auto accident is important. As such, you should do the following:
The court usually evaluates compensation based on the accident's impact on your health and financial conditions. In the event you suffered injuries due to a hydroplane car accident, you can expect to receive compensation for:
Based on the complexity of the case, it is mandatory to have a professional lawyer on your side to assist with the evidence-gathering process and support your claim.
While many aquaplaning accidents occur unexpectedly, there are preventative measures that can be taken. They can significantly reduce the risk of aquaplaning. Check tire pressure and tire wear regularly. It is also important to avoid sharp turns and braking on wet roads, and to slow down at the first sign of rain. This is when the asphalt becomes particularly slippery due to the mixture of water and road dust.
In California, insurance companies play a key role in personal injury claims. However, insurance adjusters often try to minimize their payouts. Especially when it comes to disputed fault. It is important to remember that your insurance company's claims can be used against you. For this reason, it is highly recommended that you first consult with an attorney.
Aquaplaning accident victims should be aware of the statute of limitations. In California, it is two years from the date of the accident. If you are filing a lawsuit against a government entity, you must first file a claim within six months. Failure to meet these deadlines may disqualify you from receiving compensation. Contact KAASS LAW if you have any questions regarding aquaplaning. We are ready to help you protect your rights and seek justice.
If you or a loved one have been injured in a hydroplaning car accident, we invite you to contact KAASS LAW (310) 943-1171 for a free consultation with a Los Angeles auto accident attorney today. Our attorneys will help you determine the liable party and proceed accordingly.
Family members can file a lawsuit, such as:
The above-mentioned family members can sue if the accident does not kill the victim but leaves him unable to protect his rights.
While filing the lawsuit, you can seek compensation of:
In case you file a lawsuit for the wrongful death of a family member, you can seek compensation of:
In case you had a drowning accident, try to gather evidence, as:
In California, pool owners are required by law to keep their facilities safe. This means installing:
And other items required by law. For example, the California Swimming Pool Safety Act requires residential properties with swimming pools to install safety barriers. Failure to do so can make the owner liable for damages. Especially if the victim is a child. Failure to comply with safety standards may be considered a failure to exercise due care. This opens up the possibility of a lawsuit.
In legal terms, negligence means that the defendant failed to exercise reasonable care under the circumstances. In a drowning case, this could mean that:
Even if the victim was on private property without permission, the owner can be held liable. But only if it is proven that he or she knew of the danger and failed to take appropriate action.
If the drowning occurred at a municipal pool or on property managed by a government entity, special procedures may apply. In California, to file a lawsuit against a public entity, you must first file a government claim. Within six months of the accident. Failure to meet this deadline may result in the loss of your right to sue.
Even in case you signed a waiver for liabilities, or the defendant argued that there is the "assumption of risk"-an inherent risk present while swimming, you can still expect to receive compensation if you have an experienced attorney. We invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation and case review by a Glendale personal injury attorney.
You can seek compensation for the following damages caused to you as the result of a DUI accident:
To receive the compensation, you shall prove that you suffered from the mentioned damages and shall show the direct link between the negligence of the driver and your damages.
Most insurance policies cover compensatory damages if the policyholder injures someone while driving under the influence. In case the driver does not have insurance or the aggregate policy doesn't cover the damages, you shall sue the driver directly to receive compensation.
If you or a loved one has been in an accident with a DUI driver, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
When the drunk driver’s impairment is the cause of the crash, they are completely liable for the accident. However, the driver could be drunk but follow traffic laws, and the other driver’s actions could cause the crash. For example, you may have failed to brake in time and hit a drunk driver’s car from behind. In that case, you are liable for the accident. The police will charge the other driver with a DUI, but that won't change your fault in the accident if the driver’s drunken impairment didn’t cause the crash. If it was your wrong action that ultimately caused the accident, you are at fault, regardless of the other driver’s impairment. If their drunken impairment did not cause the accident, it will most likely not be a factor in deciding liability.
California follows comparative negligence, allowing both parties to share fault in an accident based on their level of responsibility. In such cases, the settlement amount recovered to cover losses will be much lower. For example, you may have been looking at your phone while you were driving and a drunk driver swerved out of their lane and side swiped your car. In such a case, both parties will most likely share fault because both parties’ actions contributed to the accident. If you hadn't used your phone and the driver hadn't swerved while impaired, the accident would not have occurred. If you are partly at fault in your accident, our Los Angeles Personal Injury attorneys can help you figure out what percentage of the accident was your fault. You can still recover losses, but the amount will reduce by the percentage of your fault in the accident. So if you were 90% at fault, you can still receive 10% of your damages as compensation.
It is important to realize that the presence of alcohol in the driver's blood does not automatically make him or her the sole perpetrator of the accident. In order to determine fault, it is necessary to conduct a thorough investigation of all the circumstances surrounding the accident. The key factor in determining liability is causation. Between the driver's actions and the resulting consequences. In accident cases, courts and insurance companies analyze evidence such as:
If it is proven that the injured party's actions were also negligent, the amount of compensation may be reduced. This is especially true in California where comparative negligence applies.
Even if you are partially at fault for an accident, you may still be entitled to recover damages. These may include:
The amount of your payout will depend on the extent of your liability. For example, if you were found to be 30% at fault, you could receive 70% of your total damages.
Legal help is especially important in cases involving drunk drivers, as these cases often involve emotional distress and complex legal nuances. Attorneys can help you present the facts correctly, protect your interests, and seek fair compensation.
If you or a loved one has been in an accident involving a drunk driver, contact KAASS LAW (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed. Our team speaks English, Spanish, Russian, and Armenian.
In some cases, the government can take responsibility for the accident. If the public entity in charge of that road had proper notice of the road hazard, and had ample time to take measures to protect against the hazard and failed to do so, then they may be at fault.
To avoid a road debris accident, one should always:
However, identifying the at-fault party can be a difficult process, especially when the at-fault party leaves the scene of the accident. In such situations, it can be virtually impossible to find him or her. Nevertheless, victims can seek compensation through their insurance company or, if there is sufficient evidence, file a civil lawsuit.
If the government knew about the hazard on the road but failed to fix it in time, it can be held liable. For example, if the highway department ignored complaints about litter on the highway, the victim can file a lawsuit against the city. It's important to keep in mind that filing a lawsuit against government agencies is often subject to strict deadlines. There are also specific procedural requirements. Therefore, it is important to contact an attorney early.
Focus on data from the US National Highway Traffic Safety Administration (NHTSA). Every year, thousands of accidents are caused by litter on the roadways. These accidents can have very serious consequences. Such as:
Debris falling from trucks is particularly dangerous. Also, poorly secured objects on passenger vehicles. They can become an unexpected hazard at high speeds. The driver has only a fraction of a second to react to keep himself and his passengers alive.
In addition to the driver who directly collides with debris, other road users are often affected. For example, in an attempt to avoid hitting the object, the driver may swerve into the oncoming lane. He or she may hit a pedestrian or collide with another vehicle. Thus, one thrown object can cause a chain reaction and multiple lawsuits.
If you have been injured in a road debris accident, it is important to act quickly. It is recommended that you:
The attorneys at KAASS LAW have extensive experience in car accident cases. We help clients deal with:
If you or a loved one has been injured in a litter accident, contact KAASS LAW at (310) 943-1171 for a free consultation. We will carefully review the circumstances of your case and recommend a strategy that is in your best interest. Our staff speaks Spanish, Armenian, Russian, and French.