Assault can take many forms under California law. However, one particularly dangerous and disturbing type is assault with caustic chemicals. This offense involves someone deliberately attempting to harm another person by throwing or placing harmful substances, such as acids or flammable liquids, on their body. Because these acts often result in serious physical and emotional trauma, the law takes them very seriously.
Under California Penal Code Section 244, assault with caustic chemicals occurs when someone willfully and maliciously throws, places, or causes a caustic chemical, corrosive substance, flammable material, or vitriol to come into contact with another person with the intent to injure or disfigure them.
The term caustic chemicals includes substances capable of burning or corroding human tissue. Common examples include:
These chemicals are often found in industrial cleaners, automotive fluids, and other household or commercial products.
Importantly, flammable liquids are also covered under this statute. To qualify, a substance must have a flashpoint of 150°F or less, meaning it can ignite quickly and inflict serious harm when misused.
To secure a conviction under Penal Code 244, prosecutors must demonstrate four essential elements beyond a reasonable doubt. These elements, as explained in CALCRIM 877 Jury Instructions, are:
Intent is a critical factor in these cases. The law applies only when the accused deliberately uses a harmful substance to injure or disfigure another individual.
Suppose someone, trying to escape a robber, tosses a liquid to distract them. If the liquid unintentionally contains acid and injures the robber, the person may not be guilty under Section 244. There was no intent to disfigure or injure, which is a necessary element of the offense.
In contrast, imagine a woman in an argument with her neighbor throws a chemical in their face while yelling insults. If the chemical causes burns or scarring, and there’s evidence of intent to harm, prosecutors are likely to charge her with felony assault under this statute.
Because of the severe potential consequences, this offense is classified as a felony in California. Penalties include:
If probation is granted, the court may impose additional conditions such as:
Although these charges are serious, several valid defenses may apply. Some common strategies include:
If the defendant had no intention to harm or disfigure the other person, the charges may not stand. Accidental contact, even if harmful, does not satisfy the required intent.
If the accused acted to prevent imminent harm to themselves or another person, that justified use of force can be a strong defense.
Mistakes can happen. For example, if someone accidentally spilled a chemical while handling it responsibly, that does not amount to an assault.
Several other California laws may be charged alongside or instead of Penal Code 244, including:
If you’re facing a felony charge for assault with caustic chemicals, don’t wait. The stakes are high, and early legal representation can significantly impact your case outcome. A knowledgeable criminal defense attorney can evaluate the evidence, protect your rights, and advocate for the best possible resolution.
On the other hand, if you were injured by someone else’s use of caustic chemicals, you may have a valid personal injury claim. Victims often face long-term medical treatments, lost wages, and emotional trauma. The attorneys at KAASS LAW help victims seek compensation for:
Call us today at (310) 943-1171 for a free consultation.
Learn more here: KAASS LAW – Glendale Personal Injury Lawyer
Assault with caustic chemicals is among the most serious forms of assault in California. Defined under Penal Code Section 244, it requires a clear intent to injure or disfigure using harmful substances. Whether you’re facing charges or were injured in such an attack, understanding the law—and taking action—can make all the difference.
Workplace violence can take many forms, and one of the most troubling is coworker assault. Whether it involves verbal threats, physical intimidation, or actual bodily harm, assault by a coworker is both a serious legal matter and a violation of workplace safety standards. In California, victims of coworker assault have multiple legal avenues to seek justice and financial compensation.
Coworker assault refers to an intentional act by a fellow employee that causes you to fear imminent physical harm or results in actual physical contact. California law defines assault as an attempt or threat to injure someone. For example, if a coworker screams at you and threatens to throw a heavy object, even if they don’t follow through, you may still have a valid claim under assault laws.
Workplace violence, especially when unaddressed, creates a toxic environment that can affect employee well-being, morale, and productivity. Victims often suffer from emotional trauma, stress, and physical injuries, which is why it’s crucial to take appropriate legal steps immediately.
If you’ve experienced coworker assault, here are several important actions you should consider:
Have you ever come across news concerning a lawsuit against doctors for sexual harassment? In the latest news, there was information regarding compensation to 6600 patients by the University of California for sexual harassment of a gynecologist. The abuse included sexual inappropriate comments to patients, touching them without medical gloves, etc. Sexual assault/abuse/harassment are criminalized under California law. However, filing a lawsuit for such crimes against doctors is a personal injury claim. The claim is mostly focused on receiving compensation for the damages caused by the criminal actions of doctors rather than seeing the doctor convicted to imprisonment in jail.
The first addressee is the doctor, who caused the injury to the patient. However, a doctor's employer (hospital, clinics, college, university) can also be liable for the actions of the doctor. What is the reason to implicate the employer? It helps to increase the amount of compensation you can receive in the recovery of your damages. Mostly, the plaintiff must show that the doctor was not competent and was working negligently, as well as that the employer knew the doctor could be of a risk for the patients. Under two legal doctrines, sexual assault cases against doctors can hold the doctor's employer liable:
Construction accidents can be some of the most dangerous accidents that people experience. This is because they are happening on a site where construction work is being done, and there are often many other people around who may also be injured in an accident. The danger level for these types of accidents increases when scaffolding collapses or faulty wiring sparks a fire. Construction sites should always have safety precautions taken to ensure that all workers are safe from injury or death.
A construction proceeding could be a due process within which a property or home-owner files a claim against a general contractor or alternative similar party for poor work quality or performance, property harm, or personal injury. However, these suits may be supported by a range of legal theories, betting on state laws, like negligence, breach of contract, and merchandise liability. Therefore, these cases are a unit referred to as construction defect claims or construction defect lawsuits in some jurisdictions. Claimants must file a construction defect lawsuit within the time period specified by their state's applicable statute of limitations. If a litigator wins a construction proceedings, he or she is also ready to recover some (or all) of the subsequent antagonistic damages such as:
This article about burn injuries after using a curling wand will explore the importance of accurate product design and proper warning labels on hairstyling tools. Many people use heated hair tools regularly, especially curling wands. While these tools are useful for styling, they also pose serious burn risks. This article will explain how defective design and a lack of warnings can lead to injuries and what consumers need to know when using these products.
What exactly is a defective product? A curling wand becomes defective if any part of it poses a danger to the user due to poor design. For instance, curling wands without stands or protective features may roll off surfaces or burn users during styling. A well-designed curling wand should have a stand, a clamp, or even include a heat-resistant glove. The stand keeps it stable, the clamp helps control hair without exposing the user’s skin to extreme heat, and the glove protects the hand during use. These features reduce the risk of injury and show how design directly affects safety.
Proper labeling helps prevent accidents. When manufacturers fail to include warning labels, users might not realize the tool’s full risks. Curling wands can reach dangerously high temperatures. If someone uses the tool near their face without understanding how hot it is, they can suffer serious burns. Warning labels must inform users about heat levels, safe usage times, and precautions. When a curling wand lacks clear guidance, injuries become more likely—especially for new users. Manufacturers have a responsibility to inform and protect customers through clear, visible warnings.
Proposition 22 (prop 22) has passed in California, and many people are happy about this. The passing of this proposition makes app-based workers like: Uber drivers, Postmates delivery drivers, and Lyft drivers “independent contractors” instead of “employees.” This employment status grants these drivers the freedom to work at their own pace and schedule. You may be wondering why anyone would want to vote against this proposition. People believe that because these major companies like Uber and Doordash classify workers as independent contractors, they are generating more profit by creating their own tax exemptions. As individual contractors, these drivers are not entitled to any benefits like unemployment, healthcare, sick leave, etc. If you were to force these benefits onto app-based workers, they would potentially see less pay because it would cost these major companies a lot more money to provide benefits to people who work on their own time. Making someone, an employee would mean that they have a set amount of time to work to use their benefits. Therefore, the freedom of working on your time is the main attraction to app-based work.
“Independent Contractor” means you work on your own. “Employee” status would make the employer liable for all damages resulting from accidents involving their drivers. Being an independent contractor means you’re liable for your own accidents. Personal insurance coverage alone will not protect a person driving for income because it is not for personal use. To make sure you have coverage for app-based working, call your insurance provider. As a result, companies like Uber and Lyft offer their driver's liability insurance which will cover damages if the driver’s insurance denies the claim.
“Wages” include all amounts for labor performed by an employee, whether the amount is calculated by time, task, or commission. Wage claims are governed by two sources of authority: the provisions of the Labor Code and a series of eighteen wage orders, adopted by the Industrial Welfare Commission.
According to CACI 2700 in case the plaintiff claims that the defendant owes him unpaid wages he must be able to establish the following elements:
Construction law is a highly specialized area of the law. California has its own set of laws for construction lawsuits, and it's important to know them in order to understand your rights. This article will explore some aspects of California's construction law that are relevant to potential lawsuits and damages of claims arising from accidents occurring on construction sites in California.
In California, construction lawsuits can be filed against a contractor or any other entity that is in charge of the project. A plaintiff may win their lawsuit and receive compensation for the losses they have incurred due to the defendant's negligence. Plaintiffs may have to prove that the construction company was negligent and did not meet building codes or contract specifications. They also need to prove that they suffered damages as a result of the construction company's negligence, such as property damage or physical injury. If plaintiffs win their construction litigation, they can receive compensation for damages done to them by a negligent party. Below is a list of monetary damages the plaintiff may receive from their case:
A wrongful birth lawsuit is a type of medical malpractice where mother, who gives birth to a child who has a disease or disability, files a lawsuit. The disability is not one that occurs during labor and delivery, as it is in wrongful death cases. Doctors are not liable as they fully informed the parents about the degree of the child's injury. Parents of children born with birth defects or diseases can sue the hospital or a healthcare professional in wrongful birth lawsuits. Parents can also file a claim if genetic counseling misled them about the chances of a fetus developing abnormally.
The California Supreme Court recognized the following general factors of a wrongful birth claim: the doctor failed to inform new parents the danger of having a child with a genetic or anatomical condition; the doctor's negligence caused the injury. According to CACI 512 to establish this claim of a wrongful birth, the plaintiff must be able to establish the following elements:
A wrongful life lawsuit is a legal action asserted by a person born with a genetic impairment or disability. If the court determines that the plaintiff should not have been born, he or she may be entitled to compensation for medical bills and lost earnings. An individual in California must file this type of lawsuit within one year of reaching 18 years old in order to preserve his or her right to sue. Please check your state laws to find out if the requirements apply to your state.
A wrongful life claim is an often misunderstood type of legal action. The plaintiff in a professional malpractice suit has suffered damages because the defendant's failure to provide adequate care has resulted in injury or death. In California, it is not necessary for a doctor to have caused the patient's illness or injury; only that they failed to diagnose and treat the condition with reasonable skill and diligence. The medical malpractice victim may be able to recover compensation. In California law, a wrongful life claim is analyzed within the context of a professional malpractice action and there are 5 elements in a professional malpractice cause of action:
Yes, in specific circumstances. Employers have a legal duty of care to maintain a safe workplace. If they neglect this duty, they can be held liable for damages caused by coworker assault. Here are two main scenarios that may support a claim against your employer:
The employer has a duty of care to establish a safe working environment, as emphasized by OSHA workplace violence prevention guidelines, and may be held liable if this duty is breached.
Filing a civil lawsuit and a criminal complaint are separate legal actions. You can pursue one without the other. However, reporting the assault to law enforcement is often beneficial, as criminal case evidence can strengthen your civil claim.
Additionally, when you report the incident, you protect yourself and other potential victims by bringing workplace violence to light. Legal professionals recommend documenting everything: save emails, messages, medical records, and any witness statements that support your case.
Victims of coworker assault may be entitled to several forms of compensation, particularly if the assault results in physical or emotional injuries. Compensation may include:
Because assault in the workplace is often considered a work-related injury, workers' compensation may also be available depending on your employer’s coverage. However, civil lawsuits allow broader damages compared to the limits of workers’ compensation.
It's important to be cautious when taking legal action against a coworker. In some cases, the accused may file a defamation counterclaim, arguing that your allegations damaged their reputation. To avoid this risk, always ensure your claims are supported by documented facts and filed in good faith.
This is another reason why professional legal support is vital. A skilled attorney will help you present your case correctly, defend against counterclaims, and pursue the maximum compensation available.
Facing workplace violence can be frightening and overwhelming. You may be unsure of your rights or how to proceed. That’s where a knowledgeable employment lawyer can make a big difference. From negotiating settlements to representing you in court, an attorney ensures that your rights are fully protected.
If you or a loved one has been assaulted by a coworker, you don't have to face it alone. At KAASS LAW, we provide compassionate and aggressive legal representation for victims of workplace violence. Our team can help you pursue justice and secure the compensation you deserve.
Call us today at (310) 943-1171 for a free, confidential consultation.
Learn more at KAASS LAW – Glendale Employment Lawyer
Coworker assault is a serious matter that should never be ignored. Whether it’s verbal threats, physical aggression, or intimidation, every employee has the right to a safe and respectful workplace. If you’ve been the victim of workplace violence, take action today. Report the incident, protect your rights, and seek help from a trusted employment lawyer.
The main plaintiff is the patient-who suffered from the actions of the doctor. However, the victim's family members, even domestic partners, or legal heirs can also act as a plaintiff for such a lawsuit. Anyone who's been the target of one of the following offenses can sue the doctor who caused them harm:
The injury claim continues the criminal proceedings against the doctor. So, the victims of such crimes as sexual assault, rape, statutory rape, sexual battery, nonconsensual sex, touching, etc. can file for this lawsuit. In case the criminal proceedings succeed, the civil lawsuit automatically shall become easy, the civil claim can use evidence gathered during the criminal proceedings as well. One of the features of a civil claim is that the latter requires a lower standard of proof. While filing the civil claim, the victim needs to show that there were damages.
Under California law, you can file for this kind of lawsuit in 2 years period from the date of the commitment of the assault. In case the victim was assaulted while being a child, the term for filing for the civil lawsuit extends to his 26th birthday or 3 years after the discovery that the victim had a psychological illness that occurred after the victim of abuse turned 18, and that this illness was a result of that particular abuse. What compensation can the victim receive if they file the civil lawsuit? The compensation types which are possible to receive include the recovery of:
If you or a loved one has been harmed as the result of sexual assault, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A sexual assault lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who was not competent at their work place. Please feel free to give our office a call at 310.943.1171.
A plaintiff homeowner or real estate owner brings a construction case in which they sue a defendant contractor for poor workmanship, property damage, or personal injury. Plaintiffs may bring a construction dispute or legal action against, in addition to contractors:
Typically, construction litigation is based on one of the following legal claims:
The majority of construction lawsuits are based on claims of negligence. Contractors, for example, are required to use materials on job sites that meet industry standards for construction projects. If they rely on subpar materials, they are in breach of their duty. Therefore, if this breach causes property damage or physical injuries, victims may file a contract defects claim against the contractors on the basis of negligence. Plaintiffs must establish the following elements in order to succeed with these claims:
A vicarious liability claim occurs when an employer is held liable for the actions of one of its employees. Vicarious liability is a legal doctrine that holds parties indirectly liable for an injury even if they did not cause it. In California, vicariously liable parties may be held legally liable for a plaintiff's medical bills, lost wages, pain and suffering, and other losses. This is significant because the "vicariously liable" person may have more assets and insurance coverage than the person who was directly negligent or reckless.
When defective materials or machines impede construction, plaintiffs can file a products liability lawsuit against the responsible parties. Among the potential defendants are the companies responsible for a design flaw, manufacturing flaw, and/or inadequate warning flaw. Plaintiffs must demonstrate a product was defective in some way, the plaintiff used the product as it was intended to be used, the product caused the plaintiff's injuries, and the injuries resulted in monetary damages in order to succeed with these claims.
Construction contracts govern many construction projects. For example, a condominium owner and a contractor (with only a few years of experience) may enter into a contract in which the contractor agrees to remodel the owner's kitchen by a certain date and to certain specifications. If the general contractor fails to follow the terms of the contract, and this failure causes the plaintiff to suffer damages, the plaintiff can file a breach of contract claim against the contractor. In the preceding example, the contractor may have violated the contract because construction delays prevented him/her from remodeling the kitchen by the contract's deadline.
When a construction accident kills someone, the victim's family may be able to file a wrongful death lawsuit. As a result, a victim's family sues the person or entity responsible for his or her death. Damages of wrongful death may include:
There are many accidents that happen on construction sites, some of which lead to death or disability. Construction defects occur when there is an error in the design or workmanship of a building, and these defects can cause serious injury if not corrected before use. If you or someone you know has been injured in a construction accident and would like to get compensation for their accident, give our office a call at 310.943.1171.
Many modern curling wands now come equipped with digital displays that show temperature levels. This helps users know exactly when the tool is hot enough to use, avoiding unnecessary burns. For example, Emily plugs in her curling wand to style her hair. She waits for it to heat but isn’t sure when it’s ready. She touches the barrel to check—and burns her finger. If the wand had a ready-to-use indicator or digital screen, Emily could’ve avoided injury.
Manufacturers can reduce risks with built-in features such as heat indicators, auto shut-off functions, and easy-to-understand instructions. Clear design and visible indicators play a vital role in consumer safety.
When a curling wand malfunctions or causes injury due to defective design or missing warnings, the manufacturer may be held liable. For instance, if the device overheats, lacks safety features, or catches fire, the user could suffer serious burns or property damage. In California, product liability laws allow injured consumers to seek compensation if a manufacturer failed to design the product safely or warn users properly. In such cases, working with an experienced personal injury attorney can help you recover damages for your medical bills, lost income, and pain.
As a consumer, always read the instruction manual and review any warning labels on your curling wand before use. Avoid using the product near children or while multitasking. Always place the wand on a heat-resistant surface and unplug it when not in use. When shopping, look for models that offer safety features like automatic shut-off, heat control, and anti-burn gloves. Your awareness and cautious approach can prevent accidents.
Different hair types require different heat settings. Thick, coarse hair may need higher temperatures, while fine or treated hair is more sensitive and requires lower heat. Curling wands often lack universal temperature recommendations, leaving users to guess. This adds to the risk of burns or hair damage. If your curling wand doesn’t display real-time heat levels, it may not be safe. Opt for tools that clearly show heat settings and include warnings about suitable hair types. Being informed helps you style safely without risking injury.
Have you or someone you love suffered an injury from a curling wand? Product manufacturers must take responsibility when their tools harm consumers. You may be entitled to compensation for injuries resulting from defective design or lack of warnings. KAASS LAW helps injured clients navigate California product liability laws and fight for the justice they deserve. Contact our Los Angeles office today at 310-943-1171 for a free consultation.
For more safety tips and consumer rights information, visit the Consumer Product Safety Commission (CPSC) website. This federal resource offers guidelines and recall information related to personal care appliances and curling wand safety
Like all other accidents, we recommend taking the following steps:
Listing their drivers as “independent contractors” gives major companies like Uber a cushion to fall on. The argument is that the drivers are independent and work independently; Uber cannot be held liable for their driver’s negligence. Although this is an argument the companies can make, it isn’t always set in stone. California’s 2020 AB5 law protects app-based drivers by making it difficult for companies like Uber to deny their status as employees within that business entity. Your attorney may seek compensation from the major company as a last resort if the driver’s insurance denies coverage.
According to State law, almost all employees must receive the minimum wage. The current minimum hourly wage in California for businesses with twenty-six or more employees in 2022 is $15. For businesses with twenty-five or fewer employees, it is $14 for an hour. The required minimum wage is the employer's obligation and can’t be waived by any agreement, including collective bargaining agreements. An employer can’t use an employee’s tips as a credit toward the obligation to pay the minimum hourly wage.
According to California Labor Code Section 510, employers are required to pay their employees for overtime work after their hours. Employees who work more than 8 hours in a workday, more than 40 hours in a workweek, or more than 6 days in a workweek are entitled to overtime pay. Overtime laws don’t apply to all workers and certain workers, such as farmworkers, are covered by different overtime laws.
In California, employers aren’t obliged to provide paid time off or paid vacations to their employees. Though, the employers who choose to offer vacation should follow certain guidelines. According to California law accrued vacation is considered a form of wages that have already been earned by the employee, this means that accrued vacation can’t expire and must be paid out to an employee upon the employment termination. The same rule is applicable to paid time off.
According to California Labor Code Section, 512 non-exempt employees are entitled to rest and meal breaks. Thus, an employee must receive a thirty-minute meal break in case he works more than five hours a day. The employee is entitled to a second thirty-minute meal break if he works more than ten hours in a day.
If you quit your job and give your employer less than 72 hours' notice, your employer must pay you within 72 hours. If you give your employer at least 72 hours' notice, you must be paid immediately on your last work day. In case the employee is fired he must receive his final paycheck on his last day. In case he isn’t paid when the job ends, he may be entitled to receive an additional payment of a day’s wages for each day his employer withholds the final paycheck, for up to thirty days. If the employer ended your employment — fired you, laid you off, eliminated your position, etc. — they must have your final paycheck ready for you on your last day of work. If you ended your employment — you resigned or you quit — without notice, then the employer must have the check ready for you within 72 hours AFTER your last day of work. But if you quit AND if you gave at least 3 days advance notice to your employer of when your last day of work will be, then the employer must have your final paycheck ready for you on your last day.
Facing the challenge of an employer who refuses to pay your wages can be overwhelming and involve complex state laws. Contact KAASS LAW at (310) 943-1171 today regarding your legal rights to get immediate consultation and prompt help.
It should be noted that a plaintiff may receive these damages following a civil trial, settlement, or other form of dispute resolution (for example, mediation or arbitration). Depending on the state in which a construction lawsuit is filed, a court may also award punitive damages to a plaintiff if it determines that the defendant acted with:
Plaintiffs must file a construction lawsuit within the time period specified by their state's applicable statute of limitations. A "statute of limitations" establishes the time limit within which a plaintiff must file a legal claim. If a claim is not filed within the statute of limitations, the plaintiff loses the right to file it. According to the statutes of limitations applicable to these types of cases, a plaintiff must file a claim within three to six years of the date of the injury.
The California Law for Construction Lawsuits states that construction contractors are required to give written notice of defects in the work. The California law for construction lawsuits is a very specific type of contract, which requires an individual or company who performs work on someone else's property to notify them of any defects in their completed project within a certain amount of time. The rules vary depending on what state you live in and if it is being used as part of your home-owners insurance policy. In general, California law follows the preceding discussion. A plaintiff can file a construction lawsuit using any of the theories listed previously above.
Furthermore, if their claim is successful, they will be able to recover for the damages. A plaintiff must file a construction claim within the following time frames, according to California's statutes of limitations:
If you are injured in an accident on construction site or as a result of faulty construction at your home or place of business, you may be entitled to compensation for your injuries and losses. Contact a Los Angeles Attorney today at 310.943.1171.
In their accusations, some families claim that a qualified doctor misdiagnosed their kid before birth. Others accuse genetic counselors of underestimating the risk of a child developing abnormally inside the womb. This is a common accusation when one of the child’s parents has a hereditary genetic disorder. Usually, the lawsuits are filed following the birth of a child with Down Syndrome, cystic fibrosis, holoprosencephaly, or spina bifida. These injuries are often detectable by sonogram and ultrasound or by some sort of lab test. The lab technician, ultrasound operator or radiologist must observe the child’s condition and inform the obstetrician, who must notify the parents. After that the parents can decide whether they want to continue on with the pregnancy.
Parents who properly litigate for wrongful birth may be granted monetary damages to help defray the costs of caring for a kid with birth abnormalities. In wrongful birth cases, parents can be entitled to a financial compensation to cover items such as:
This financial compensation is not aimed to cover the costs related to the raising of a child. It will only cover the costs that are specific to child born with a birth defect or disease.
If you or a loved one has been harmed as the result of another's negligence, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A wrongful life lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who allegedly failed to inform them about birth defects in their unborn child before they gave consent for the pregnancy to continue. Please feel free to give our office a call at 310.943.1171.
Many people do not know that California allows a wrongful life lawsuit. This type of suit is brought by someone who believes he or she would have made different decisions if they had been informed about the risks of having children with genetic defects or disabilities. The plaintiff must be able to prove the following elements in case he claims that the defendant was negligent because failed to inform him of the risk that his child would be born genetically or impaired disabled.
Wrongful life is defined as when parents sue doctors or hospitals for delivering their child with birth defects. This issue can arise when a mother seeks an abortion because she does not want to bring a baby into the world who will have serious health problems. There is controversy on whether or not these cases should be allowed to go forward in court. A wrongful life lawsuit is a claim for damages, made by a person or entity that suffers injury because of the negligence of another. A wrongful life lawsuit may be brought by the estate of an unborn child if the parents have obtained counseling and written consent from their physician before conceiving and they can show that, but for the negligent act or omission, he would not have been born alive. Wrongful life lawsuits can be filed against:
Due to wrongful life/wrongful birth of a child, the plaintiff is able to recover damages. If you are considering bringing a wrongful life lawsuit in California, it is important to understand the potential for damages. Wrongful birth lawsuits are brought by people who believe they would not have existed if their parent had not been exposed to an avoidable risk factor or treatment, like being pregnant while using medication that could cause birth defects, taking certain drugs during pregnancy, etc. Some common damages a plaintiff can recover in a wrongful life/wrongful birth lawsuit include:
If you or a loved one has been harmed as the result of another's negligence, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A wrongful life lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who allegedly failed to inform them about birth defects in their unborn child before they gave consent for the pregnancy to continue. Please feel free to give our office a call at 310.943.1171.