A roof accident can result in devastating injuries, costly medical treatment, and long recovery periods. In California, when someone falls or gets injured due to unsafe roofing conditions, it’s important to determine who is legally responsible.
Under California negligence law, any party that breached their duty of care and caused harm may be held liable. Liability isn't limited to the person who directly caused the incident—multiple parties could be responsible depending on the circumstances.
Several individuals or entities may be held accountable for a roofing accident, including:
Even if the injured person didn’t personally know the party at fault, California law allows claims based on negligence that led to harm.
In any personal injury case involving negligence, the injured party (plaintiff) must prove certain legal elements to hold the responsible party (defendant) accountable. In a roof accident case, the plaintiff must show:
Collecting evidence such as photos, witness statements, inspection records, and expert testimony can help support these claims.
Yes. Under California's respondeat superior rule, an employer is legally responsible for the actions of its employees if those actions occur within the scope of employment. This means:
Learn more about filing a personal injury lawsuit in California
Yes. Under California premises liability laws, property owners must keep their premises in a reasonably safe condition. This includes inspecting roofs, repairing damage, and warning others of known hazards.
You may hold a property owner accountable if:
Explore premises liability laws in California
If your accident occurred on property owned or managed by a government agency—such as a school, municipal building, or public housing—you may still file a claim. However, the process involves specific steps and tight deadlines under California’s Government Claims Act. You must:
Hiring an attorney quickly is essential in these cases.
If you’re injured in a roofing accident, you may seek compensation for:
In wrongful death cases, family members may also seek compensation for funeral expenses and loss of companionship.
If you or a loved one has been hurt in a roof fall, follow these steps:
Determining who is responsible for a roof accident isn’t always straightforward. Multiple parties may share liability, and proving negligence requires strong evidence. At KAASS LAW, our attorneys are skilled in investigating fall-related accidents and identifying all liable individuals or entities.
We help clients navigate the complexities of premises liability and personal injury law and fight for the compensation they deserve.
📞 Call KAASS LAW at (310) 943-1171 or visit kaass.com for a free consultation.
Long-term disability insurance policies provide financial assistance to those who can no longer work due to an injury or prolonged illness. It typically covers disabilities that prevent those from working for at least two years, as opposed to short-term disability insurance, which covers disabilities that last shorter than that. These policies generally do not pay the disabled party’s full salary upon stopping work, and depending on the policy, tend to pay between half and three-quarters of it. Many full-time employees already have long-term disability insurance through their employers.
The process of filing a claim can be done by following these three steps. Keep in mind that you may want to submit any other documentation that is not required for submitting a claim but that you think will help your case. The steps are as follows:
California Penal Code Section 152 states, “every person who, having knowledge of an accidental death, actively conceals or attempts to conceal that death, shall be guilty of a misdemeanor.”
There are 2 basic requirements that form the crime of concealing an accidental death. They are:
The first element of the crime makes it necessary that the accused person had knowledge of the accidental death. It also is the part that specifies that the death itself must be “accidental,” meaning that the actual occurrence that led to someone dying must have been unforeseen. The second element requires that you concealed or tried to conceal the death. One can fulfill this criminal definition by doing any of the following:
It goes without saying, but getting in a car accident is the last thing on anyone's mind. Furthermore, the situation can be more stressful when the other driver decides to flee the scene and leave you in the dust. These types of scenarios are extremely dreadful, and on behalf of KAASS LAW, we don't wish this on anyone. Committing a hit-and-run is a serious offense in California, carrying major legal penalties for the responsible driver. Additionally, leaving victims after the accident is just disgraceful. At KAASS LAW, we are dedicated to providing clarity on the legal ramifications of hit-and-run incidents and offering guidance to those who have been a victim of this unlawful act. The following will aim at the legal codes of a hit and run, steps to take after the incident, and how KAASS LAW can help.
California Vehicle Code section 16025 makes it a crime to leave the scene of an accident without providing the following information (except under special circumstances, such as being under a lot of injury):
When your property is damaged due to someone else’s actions, you have the right to seek compensation under California law. But timing is everything. If you wait too long, you may lose the opportunity to recover damages entirely. Understanding the legal timeline and how it applies to property damage claims is crucial for protecting your rights.
In this article, we’ll break down the types of property damage, relevant deadlines, and exceptions under the California Code of Civil Procedure. If you're facing a situation involving damage to your property, this guide will help you take the next step.
There are two main categories of property damage under California law:
This refers to damage involving land or anything permanently attached to it, such as:
For example, if someone drives a vehicle into your home or illegally builds on your land, it falls under real property damage.
This includes movable items not permanently affixed to land or structures. Common examples are:
Carjacking is defined as seizing a motor vehicle from someone by force or fear, according to California Penal Code 215 PC. Using "force or fear" under this statute entails inflicting physical force or threatening to harm the victim. PC 215 can be charged if the victim is the driver or a passenger in the car, and they do not have to be the owner.
In California, carjacking is considered a felony. If you are convicted of carjacking, you might face a sentence of three, five, or nine years in state prison, and you would have to serve 85 percent of your sentence. Furthermore, under California's Three Strike Laws, carjacking is a Strike offense as a serious and violent felony, and every following felony conviction would be doubled. Carjacking is considered a crime of moral turpitude, and anyone in the United States on temporary resident status, as well as anyone with a professional license, will face urgent deportation procedures. If you are convicted of this felony, the DMV will place severe restrictions on your license.
Penalties for PC 215 carjacking conviction in California carries a:
Being a victim of a crime is devastating and can leave long-lasting trauma onto victims. Furthermore, this far beyond physical injuries and infliction onto the person. In doing so, the aftermath of the crime in questions leaves a tremendous impact on its victims that may even potentially have irreversible damages. These type can be one of many cases such as emotional distress, financial burden and a complete disruption of your everyday life. On a better note, here in California recognizes the major impact of crime on its residents. Additionally, it has made the California Victim Compensation Board (CalVCB). As a result, this will provide financial assistance to victims and their families, upon eligibility. Here at KAASS LAW, while serving communities across California, we are also dedicated to informing victims about their rights and helping them navigate the process of seeking compensation to aid in their recovery. The following will further explain the acts of a criminal offense, what CA has provided for the victims in need, and how KAASS LAW can help!
The CalVCB provides reimbursement for a range of crime-related expenses, offering a crucial lifeline to those who have suffered harm. It's important to understand that this program is not in the intent to replace insurance or provide full restitution from the offender, but rather to help victims cover essential costs incurred as a direct result of the crime. further expands the definition of punishment if someone committed a criminal offense.
Yes, under Health and Safety Code 11351, it is considered a felony in the state of California to possess controlled substances with the intent to sell them.
For purposes of Health and Safety Code 11351, a controlled substance is any drug or chemical whose manufacturing, possession, and use are regulated by the government under the Controlled Substances Act.
The Controlled Substance Act is a federal statute that enables the federal government to regulate the manufacturing, importation, possession, use, and distribution of certain substances. Additionally, controlled substances are placed under one of five schedules under this act. The placement is based on the following:
Making a false report of fire is governed under Penal Code 148.4. Under this penal code, it is illegal to do any of the following willfully and maliciously:
The penalties involved in violating the penal code for making a false report of a fire can either be prosecuted as a felony or a misdemeanor.
Violation of the penal code is considered a felony when an individual willfully and maliciously does the following:
The penalties that an individual would face here are listed under . Additionally, an individual can also pay fines of up to $10,000.
A 995 motion is another name for a Motion to Set Aside Information. This is a motion that the defendant in a criminal matter may make. In other words, this motion asks the judge to dismiss all or part of the criminal charges that are pending before an individual in a criminal matter. The argument here is that the judge in the preliminary hearing ruled incorrectly finding that there was enough evidence for the matter to go to trial. A motion to set aside information is governed by Penal Code 995.
If a 995 motion is improperly denied, the following options can be taken by the defendant:
It is important to note that an improperly denied 995 motion cannot be directly appealed.
A petition for writ of prohibition is governed by Penal Code 999a, which states that the defendant has 15 days after their 995 motion was denied to file a petition if their 995 motion was made because the defendant had been indicted without reasonable or probable cause or that the defendant had been committed on information without reasonable or probable cause. A copy also needs to be served to the District Attorney.
Insurers can deny a long-term disability insurance claim for a variety of reasons. For example, they might claim that your disability is not severe enough to prevent you from performing the duties of your job, or that your treatment history does not offer compelling evidence that you are too injured/ill to work. They may also reject it based on you missing a deadline that was agreed upon in the policy, so it is imperative that you are aware of when you must submit the claim in order to gain compensation. There are instances when insurers act in “bad faith” when rejecting a claim, meaning that the insurer wrongfully denied your claim or denied it based on an insufficient reason. Some examples of acting in bad faith are:
Are you in need of additional information regarding long-term disability insurance claims in California? Our employment law attorneys at KAASS Law would be happy to help you out. Get in touch with us anytime at (310) 943-1171 or fill out the form below. [contact-form][contact-field label="Name" type="name" required="true" /][contact-field label="Email" type="email" required="true" /][contact-field label="Website" type="url" /][contact-field label="Message" type="textarea" /][/contact-form]
Concealing or destroying the body of the person who died would be a clear example of this offense, but there are several other ways to criminally conceal an accidental death in the eyes of the law. Hiding any piece of evidence or misleading authorities in any way would also be considered a violation of PC 152.
Concealing an accidental death is a misdemeanor offense in California. It is punishable by:
There are several ways to defend yourself if you are wrongfully charged with violating PC 152. They include:
There are circumstances in which one may hide evidence or lie to the police without actually making an attempt to conceal any death. Doing this could result in being charged with another crime, such as PC 135 (destroying or concealing evidence). However, if you didn’t actually try to hide the fact that someone died, you couldn’t be charged. Accidental deaths often create situations where people feel scared or threatened by others who know about the death. It may be the case that you want to tell authorities what happened, but others do not. If anyone who witnessed the death made a threat to you in order to keep you quiet, this is known as “duress,” and you would not be guilty of concealing an accidental death because you only did it because you feared for your own safety.
If you cannot find the driver, compensation for the damages depends on your insurance policy coverage. Furthermore, if you have collision coverage, your insurance will cover your property damage. In addition, if you have Medpay coverage, your insurance will cover any medical bills you incur. Keep in mind, however, that Medpay will only cover the direct costs of your medical bills, and it will not compensate you for lost wages, pain, suffering, or emotional distress caused by the accident. If you have uninsured (UM) coverage, your insurance will pay for your bodily injury claim, which includes future medical expenses as well as pain and suffering. Depending on your limits, your uninsured motorist coverage will be able to provide coverage for injuries sustained by you and your passengers.
California Vehicle Code sections 20002 and 16025 make it illegal to flee the scene of an accident and withhold the required identification and insurance information from the other parties involved.
CVC 16025, requires drivers must share and exchange insurance information. A CVC 16025 offense is considered an infraction in California and is punishable by a fine of up to $250.
CVC 20002 makes it illegal to flee the scene of an accident where there is only damage to property and no injuries. It is considered a misdemeanor in California, however, it is common for these cases to be dropped, if the defendant pays financial restitution for the damages.
The penalties for violating CVC 20002 can include:
CVC 20001 makes it a crime to flee the scene of an accident where there are injuries or death. This is a felony offense in California that is punishable by:
Being the victim of a hit-and-run accident can be a frightening and frustrating experience. Here are crucial steps to take to protect your safety and legal rights:
At KAASS LAW, we are here for you. The following are some of the many things we normally offer:
Please contact us for a free consultation so may further help!
If a neighbor backs into your car or someone intentionally smashes your laptop, this would be considered damage to personal property.
Under California Code of Civil Procedure Section 338, the law sets a clear deadline to file most property damage lawsuits. You typically have three years from the date the damage occurred.
Here’s how the statute applies:
This deadline applies regardless of whether the damage is part of a larger legal claim or an independent lawsuit.
If you attempt to file a lawsuit after the three-year statute of limitations has expired, the defendant will likely file a motion to dismiss your case. In most situations, the court will grant this dismissal, meaning you lose your right to recover compensation, unless a valid legal exception applies.
California law allows for certain situations in which the statute of limitations may be paused or tolled. Below are a few notable exceptions:
If the person responsible for the damage was out of California for part of the three-year period, the timeline may be paused. The statute doesn’t count the time the defendant was unreachable or absent from the state.
If you were under the age of 18 or were not legally capable of making decisions (due to illness or disability), the three-year period may not begin until you reach legal adulthood or recover mental competency.
Waiting too long to file your claim can lead to more than just the dismissal of your case. Evidence can disappear, memories fade, and witnesses may be harder to locate. Filing early helps preserve critical documentation such as:
The longer you delay, the harder it becomes to build a strong case.
If you're unsure whether the three-year deadline has passed—or whether an exception may apply—it's important to speak with a knowledgeable California attorney as soon as possible.
At KAASS LAW, our experienced legal team can review your case, determine applicable deadlines, and help you pursue the compensation you deserve. We offer legal services in Glendale, Los Angeles, and throughout California, handling both real estate and claims.
Learn more about our personal injury and civil litigation services
If your home, land, or personal items were damaged due to another person’s actions or negligence, you have a limited time to act. Under California Code of Civil Procedure Section 338, most lawsuits must be filed within three years. Missing the deadline could mean permanently losing your right to compensation.
Whether the damage was accidental or intentional, involving a neighbor, a driver, or a stranger, understanding your legal rights and the time limits is crucial. If you're in doubt about how much time you have left—or whether your case qualifies for an exception—reach out to a trusted California property damage lawyer today.
Call KAASS LAW at (310) 943-1171 for a free consultation about your property damage case.
A carjacking conviction carries harsh penalties and enhancements, as well as a "strike" under California's three-strikes rule, which can be increased if the defendant:
Under Penal Code 186.22 gang enhancement a defendant can be prosecuted under this section if they either participate in a gang while furthering a felony or carry out a crime for the benefit of a gang. As such, a 15 year to life enhancement can be applied if the theft was for the benefit of a criminal street gang.
If a firearm was used during the commission of the carjacking 10 years can be added to the sentence. Although per SB620, such enhancement is left to the judge's discretion.
In the event, someone was harmed during the commission of the carjacking, three (3) to six (6) years may be added to a defendant's sentence. If a gun was discharged during the commission of the carjacking a 20-year sentence can be added.
Since every vehicle theft is a severe issue for the owner, the stakes are significantly higher when the owner is still in the vehicle when the thief acts. Carjacking is defined as the act of depriving the owner of the vehicle while they are still in or near it. However, ejecting the owner is precisely the carjacking issue. Force, the fear of force, or some other form of duress or coercion is required to eject or resist the owner. Owners do not just hand over the keys to their vehicles to criminals. Carjacking is a separate felony in part because it violates the owner's safety and autonomy, as well as the potential of significant injury or worse.
Other carjacking related crimes include:
If you or a loved one has been charged with carjacking under Penal Code 215 PC, we invite you to contact our Los Angeles criminal defense attorney today for a free consultation.
When someone commits a crime, not only could they subject themselves to punishment by the state, but they are also liable to pay for any damage that they may have caused to a victim and their property. “Damages” refer to harm that may have been done in the form of:
When looking to be compensated for damages, a plaintiff must prove that the criminal was acting negligently and also that the damage was caused by the negligent actions.
Below is a list of crimes that typically result in extensive damages to victims:
Even if a crime was committed and police choose to convict the criminal, this does not always guarantee liability for all damages claimed. Below are the 2 most commonly used defenses from criminals:
First, it may be the case that the damages were not actually a result of the crime committed. It is not enough to merely show that a crime and damages took place, you must also show that the crime was the cause of them. Let’s apply this to example 1: It is also a possibility that the criminal does not completely deny responsibility for damages, but claims that the damages in question are excessive.
While victims can apply for compensation on their own, having experienced legal counsel can significantly ease the burden and increase the likelihood of a successful outcome. At KAASS LAW, our attorneys can assist victims of crime in California by:
The California Victim Compensation Board serves as a vital resource for those who have been harmed by crime. Understanding your rights and the availability of compensation can be a crucial step in the healing process. At KAASS LAW, we are committed to empowering victims of crime by providing them with the information and legal support they need to navigate the path to recovery and seek the justice they deserve. If you or someone you know has been a victim of a crime in California, please reach out to us for a confidential consultation. We are here to help you find a path forward. We understand the loss of someone's integrity, security, or even their well-being. Sometimes the injuries cut deeper than the injury itself. Allow us to be your voice and attempt to go after the ones that did you wrong. Contact us if you are seeking legal help and or representation.
Controlled substances for purposes of Health and Safety Code 11351 include the following:
Keep in mind that possession of controlled substances such as marijuana and methamphetamine for purposes of sale are considered separate offenses not covered under Health and Safety Code 11351.
For purposes of Health and Safety Code 11351, possession is established when an individual has direct and/or immediate control over the controlled substance. Typically, this is established when the individual possesses the controlled substance if they are carrying it on them. Possession can also be established if an individual has personal control over the substance such that the controlled substance was found near or around an area that the individual exercises control over, such as in the individual’s car or garage.
Under Health and Safety Code 11351, intent to sell can be established by showing the following:
As mentioned above, violating Health and Safety Code 11351 is considered a felony. Penalties include the following:
If you or someone you know has been charged with Health and Safety Code 11351, we invite you contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorney for a free consultation.
Essentially, violation of the penal code is considered a misdemeanor when an individual does the same acts as listed above. However, the difference here is that there are no deaths or great bodily injury that results from the individual’s acts. The penalties that an individual can face include up to one year in county jail and/or paying fines of up to $1,000.
To do something willfully means that the individual intended to do the illegal act on purpose. Additionally, to do something maliciously means that the individual’s purposeful conduct was intended to either injure, annoy, or otherwise do something wrong.
A Penal Code 148.4 PC conviction can be expunged if it was charged as a misdemeanor. On the other hand, a felony conviction that resulted in serving time in state prison would not qualify for an expunged.
If you or someone you know has been charged with violating Penal Code Section 148.4, contact our Los Angeles criminal defense attorney at (310)943.1171 for a free consultation.
An arraignment is part of a criminal matter where the defendant enters a plea, whether guilty or not guilty or no contest.
A writ of habeas corpus petition works similarly to the way a petition for writ of prohibition does. However here, Penal Code 1508 states, the Supreme Court or Court of Appeals can return the matter before the issuing judge/court or to the court below it. Thus, if the trial court denies the petition, the defendant can then file a new petition in the court of appeal. However, if the court of appeal denies the petition, the defendant can then can have the Supreme Court review the petition by filing a petition for review. The defendant may also file another petition that would invoke California Supreme Court’s habeas jurisdiction.
Plea bargaining allows the defendant to negotiate and use leverage. In other words, the defendant can further poke holes in the prosecuting agency’s legal theory and further highlight how the issues found at the preliminary hearing may become an issue for the jury to return a guilty verdict.
If you or someone you know has been denied of their 995 motion, we invite you to contact our Los Angeles Criminal Defense Attorney at (310) 943-1171 for a free consultation.