California law doesn’t directly require a person who wants to use an electronic scooter to purchase insurance. Though, since in California, all electric scooter operators must have a valid driver’s license, and drivers’ licenses require auto insurance, then an e-scooter user will likely have an auto insurance policy. It is worth mentioning that California does not require registration, plate display, or insurance for privately owned electric scooters.
In case an electric scooter operator unlawfully crosses an intersection or mounts and causes injures to a cyclist, pedestrian, or anyone else, the scooter operator can face liability for the incident and inappropriate use of an electric scooter.
An injured electronic scooter rider can be eligible for damage recovery in case he can establish that someone else’s negligence caused or contributed to the accident. This burden of proof takes establishing:
If a person rents an electric scooter from a rideshare service, the company can be legally responsible for any injuries. In case the company fails to properly service a defective or damaged e-scooter or didn’t give proper instructions for use or safety warnings, it can face liability for an injured scooter operator’s damages. If an e-scooter manufacturer released an unreasonably defective or dangerous device that caused injuries to a person, the injured consumer can bring a product liability claim against the manufacturer. In case a vehicle driver negligently hits an electric scooter then the case follows a standard framework to other personal injury claims. [embed]https://www.youtube.com/watch?v=6fl-Gw4mXHE[/embed] Have you been hurt due to a defective electric scooter or a rideshare company’s negligence? If so, we invite you to contact our experienced product liability lawyers in Los Angeles to discuss the details of your situation. Our dedicated attorneys will do everything in our power to help you out!
Like residential and other commercial property owners, hotel owners have a duty of reasonable care and keep the property in a safe condition by discovering unsafe conditions and replacing, repairing, or giving adequate warning of a dangerous condition that can cause injury or harm to someone.
According to CACI 1001, hotel owners are legally responsible for dangerous and unsafe conditions that they either knew about or should have reasonably known. According to California law hotel owners are particularly required:
Hotel owners are also liable for the acts of their employees who are acting within the course and scope of their employment in case they create a dangerous or unsafe condition that can cause injury to someone. the hotel owner is presumed to have notice of that condition, by law. Hotels aren’t legally liable for injuries caused by unforeseeable events. A hotel can be responsible for failing to protect the visitors and guests from criminal acts in case it fails to provide chain locks, deadbolt locks, peepholes indoors, and other security devices to avoid contact with criminals.
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.
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:
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:
Stairways, a seemingly mundane part of our everyday lives, can pose significant hazards if not properly constructed or maintained. A simple misstep on a faulty staircase can lead to devastating injuries, including broken bones, spinal cord injuries, and traumatic brain injuries. In California, property owners have a legal responsibility to ensure the safety of their premises, including stairways. If you've been injured in a stairway accident, understanding your rights and the complexities of premises liability law is crucial. At KAASS Law, we are committed to helping victims of stairway accidents seek justice and obtain the compensation they deserve.
Here are some specific reasons that most stairway falls occur:
Loss of consortium is the loss of moral support, companionship, or intimacy following an injury to a person’s spouse or registered domestic partner.
In California, a claim of loss of consortium can be brought by the spouse or child of a person who was injured by the negligent conduct of a third party. The cause of action arises when a third party negligently or intentionally injures the plaintiff’s spouse such that the plaintiff no longer enjoys the injured spouse’s conjugal companionship, society, and sexual relations (Rodriguez v. Bethlehem Steel Corp. (1974) 12 Cal.3d 382, 408.)
A spouse of an injured person must be able to establish the following elements to prove a loss of consortium lawsuit:
In California all drivers of TNCs (transportation network companies), such as Uber, are required to have a rideshare insurance at all times when the app is on. When the app is switched on, the Uber driver’s time is divided into three periods. Uber then decides when its insurance is applicable based on the period the accident happened. Uber's insurance coverages work different ways depending on which "period" the coverage falls under as it may impact your Uber accident claim. The rideshare app is off: The driver's personal insurance is active, which must meet California's minimum auto insurance requirements.
California law has the following minimum auto insurance requirements while rideshare app is on but the driver hasn’t been paired with a passenger.
The Unruh Civil Rights Act, California Civil Code Sections 51 and 52, provides protection from discrimination by all business establishments in California, including housing and public accommodations. The Unruh Act was designed to protect people rights from arbitrary discrimination and to guarantee their rights to equal and full access to all public accommodations.
California Civil Code Section 51(b) defines the regulations under the Unruh Civil Rights Act: “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”
While the Unruh Civil Rights Act specifically indicates discrimination based on “sex, , , , color, national origin, ancestry, medical condition, disability, marital status, genetic information or sexual orientation”, the California Supreme Court has held, that protections under the Act are not only necessarily limited to the mentioned characteristics. The Unruh Act includes all intentional and arbitrary discrimination by a business establishment based on personal characteristics related to the above mentioned ones.
Under California law manufacturers, distributors and sellers of commercial products have a responsibility to consumers to ensure their products are safe for consumer use. The examples of product liability claims can include unsafe children’s toys, defective autos and auto parts, faulty kitchen, defective motorcycle gear, appliances, defective pharmaceutical drugs, specialized equipment and tools for manufacturing and construction. These are important factors of Product Liability in California.
When a product is more dangerous than a reasonable user would expect, then you can claim the product to be defective. The product is defective in case the consumer is using it in an ordinary way for which of its intent, but it causes injury because of essential fault in the product itself. However, if the consumer uses a product in a dangerous and unusual way, the product cannot apply to it being defective.
Pedestrian vs vehicle accidents occurs far often than one may believe, especially in Los Angeles. California has several right-of-way laws designed to protect pedestrians and may serve to show that a driver is liable for an accident.
CVC 21950(a) provides that "the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided..."
In order for an injured pedestrian to recover in a personal injury lawsuit they must prove:
An experienced Glendale personal injury lawyer can evaluate the facts and circumstances of a case and help recover for damages such as:
Injuries to the neck, resulting from snapping or jerkin are known as "whiplash". Whiplash describes a range of neck injury 'soft tissue' damages, which is a common result of rear-end accidents. In a rear-end accident, the impact forces the driver's and passengers' bodies to be thrown forward. At the same time, their heads stay in place, causing the neck to suddenly extended, which follows a whip-like motion.
While whiplash and any other types of neck injuries generally occur in rear-end auto accidents, neck injuries and whiplash injuries can also result from different types of accidents and personal injury matters as well. Some types of accidents that may cause whiplash or neck injuries are:
Common causes of hotel injuries include the following:
To establish the hotel owner’s negligence in a premises liability claim, the plaintiff must be able to prove the following elements:
In California, a victim has two years to file a premises liability lawsuit against the hotel.
If you or a loved one has been injured in a hotel accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation.
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.
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.
Some exceptions to California Civil Code Section 3342 include:
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? 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.
Falling on a stairwell can result in serious injuries or even death to the person. California has a number of safety code regulations concerning staircases. Common safety regulations include:
To prove the property owner’s fault the plaintiff must be able to establish the following:
The court also takes into consideration whether the plaintiff had a reasonable purpose for being on the stairs, was acting recklessly and his carelessness contributed to the accident.
California law operates under the principle of "premises liability," which holds property owners and occupiers accountable for maintaining safe conditions for visitors on their property. This includes:
California follows a "pure comparative negligence" rule. This means that even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced in proportion to your degree of fault. For instance, if you are found 20% at fault, your damages will be reduced by 20%.
In California, you generally have two years from the date of the accident to file a personal injury lawsuit for a stairway accident. It's crucial to act promptly to avoid losing your right to seek compensation.
Stairway accident cases can be complex. Proving negligence and navigating insurance claims requires legal expertise. An experienced personal injury attorney can help you:
If you've been injured in a stairway accident in California, don't hesitate to seek legal help. Understanding your rights and taking the right steps after an accident can make a significant difference in your ability to recover compensation and get back on your feet.
If you or a loved one has been injured in a stairway accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
The plaintiff must prove that the defendant committed a wrongful act against his spouse or domestic partner. Such acts can include:
Generally, the judge or a jury will determine how much value to give a plaintiff for a claim for loss of consortium. Factors considered in loss of consortium claims include loss of:
Loss of consortium falls under the category of non-economic damages, this means that the loss is intangible, and can’t be proven through documentation. Because of the nature of the injury, spouses in loss of consortium cases will be asked about their marriages before the injury. While determining the amount of compensation the courts can consider the stability of the marriage, each spouse’s life expectancy, and the degree to which the benefits of the marriage were lost.
According to CACI 3920, the spouse of the injured person can recover damages to reasonably compensate for the past and future loss of the injured person’s companionship and services.
Damages that are not recoverable in loss of consortium claims include:
A loss of consortium recovery will be correspondingly reduced in case the injured spouse was contributorily negligent. This means that in case the injured spouse’s negligence was partially caused the injury, then the other spouse’s compensation for loss of consortium will be reduced correspondingly.
If you believe you may have a loss of consortium claim we invite you to contact our personal injury attorneys today at (310) 943-1171 for a free consultation.
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Uber’s rideshare policy isn’t applicable for accidents that take place before a driver accepts a passenger, since Uber considers drivers contractors rather than employees. Consequently, they are not responsible for what happens while the driver isn’t on duty.
Once there is a ride request from a passenger and the driver accepts it, this puts the driver in “on duty” status and Uber’s insurance coverage starts. But in case the driver gets in an accident before he picked up the passenger, it follows that the passenger would have to cancel the ride. This adds a layer of difficulty when claiming the insurance coverage.
The third period is the easiest one to claim insurance coverage from Uber. The passenger is in the Uber car, the driver is “on duty” and the Company must cover whatever happens during this period. Consequently once the driver has been paired with a passenger and after the passenger has entered the Uber car, the company is required to carry a $1 million liability insurance policy. Uber provides its drivers with $1 million of uninsured and underinsured motorist bodily injury coverage. It also provides comprehensive and collision coverage with a $1,000 deductible as long as the driver has collision coverage on his personal auto insurance policy. California law requires the driver to be covered by an auto insurance policy at all times. But since the TNC can help meet that requirement, not all rideshare drivers in California need to purchase rideshare insurance for driving legally. But, the driver may want to purchase an individual rideshare policy which will let to maintain some coverage, such as comprehensive, collision and medical payments, during the First period. Otherwise, the driver would have to pay the costs himself if he is injured or the vehicle is damaged in that period.
It is in your best interest to consult with a Los Angeles Uber accident lawyer about your claim before speaking with Uber or an insurance adjuster. This way you will have more leverage in settlement negotiations with Uber and Uber's insurance adjusters to get the compensation you deserve rather than getting lowball settlement offers. If you or a loved one have been injured in an Uber or Lyft accident we invite you to get in touch with our office. We are available 24 hours a day, 7 days a week.
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The list includes some examples of business establishments that are covered by the Act. The list is non-exhaustive, and can include any place of public accommodation:
If you believe that a business establishment has violated the Unruh Act, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). DFEH is not an advocate for the complaining person or for the business establishment. Department of Fair Employment and Housing represents the State of California. If possible, DFEH will try to assist both parties in resolving the complaint. In case a voluntary settlement cannot be reached, and there is enough evidence of violation, DFEH can issue a civil complaint. Generally the complaint must be filed within one year of the violation. Though, in case the discrimination has connection with hate violence, a person has one year from the day he becomes aware of the committer’s identity to file the complaint, but not more three years from the date of the injury. If a individual wishes to file lawsuit directly through the courts he can do so without involving DFEH.
Possible remedies for violations of the Unruh Act can include:
Court-ordered damages can include up to three times the total amount of the actual damages, also known as “treble damages”, but not less than $4,000 for each offense.
If you believe that you have been discriminated against in housing or by a business, our employment law attorneys at KAASS LAW can evaluate your case understand your rights under the Unruh Act and other California anti-discrimination laws, and take your case to trial or secure a fair settlement. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
There are the three main types of product liability claims in California, which include, design defect, manufacturing defect, and marketing/ advertising defect.
A design defect occurs when a product fails to perform as safely as a consumer expects, and the risk of its danger outweigh the benefits of the design. Defective designs have created dangerous products as child products, medical devices, safety products and much more. Defective design claims must include a proof that the whole product line is unsafe, regardless of the fact that the dangerous product is in accordance with the manufacturer’s specifications.
A manufacturing defect takes place when the product differs from the manufacturer's specifications and design, or it differs from other units of the same product line. Manufacturing defects can make a product too dangerous to use. A plaintiff must prove there is a flaw in the manufacturing process, and product is different from the manufacturer's design and it is different than the prototype.
A marketing/ advertising defect is when a company can be liable for advertising a product for a purpose for which it was inappropriate or for failing to include proper warnings or instructions with the product. Companies are responsible to market their products in a safe manner. Marketing a product without promoting off-label use of a product or sufficient warning labels are examples of a marketing defect.
According to California strict product liability, a defendant who is aware that the consumer is using the product in a reasonably foreseeable manner that exposes him to a risk of injuries needs to warn the consumer of the risk of injury or harm. The defendant can be liable for failure to warn when such failure could have been a different outcome. So, in case a typical consumer would have become aware of the risk of injuries or harm on his own, then the defendant can’t be found liable for failing to warn of an already-known hazard.
In California different parties in the distribution chain can be liable for a defective product. Defendants can include, product manufacturer and designer, distributor, parties that assemble or install the product, and retailers.
In the case that someone has suffered due to a defective product, the first thing a person should do is see a doctor and receive sufficient treatment for his injuries, the next thing a person should do is document the defective product by using a camera to photograph both his injures and the defective product. If anyone saw the accident, person should also record their testimony and contact information, lastly it is very important to stop using the defective product and put it with all labels and packaging in a safe place. In case a person is aware about the defect but is still using the product, he can lose his right to make a claim against the defendants.
The type of product liability claim determines what a person must prove for winning his case.
In some product liability claims a consumer must prove that the defective product's distributor, manufacturer or seller was negligent. Other product liability claims a consumer is only required to prove that the product was defective. In product liability claims that are based on negligence, a person must establish that a distributor, manufacturer or seller owed a duty or responsibility to him as a consumer, and they breached that duty.
In product liability claims that are based on strict liability a person must only prove that the product that caused an injury to him was defective. Then distributor, manufacturer or seller must be able prove that the harm was due to abuse, modification or misuse of the product. So a person doesn’t have to prove that the company was negligent, only that the product was defective.
Generally, a plaintiff must be able to establish the following elements, to prevail on a claim for products liability in California, defendant designed, distributed, manufactured, or sold a defective product, product contained the defect when it left the defendant's possession, plaintiff used the product in a reasonably foreseeable manner, as a result of the defect the plaintiff suffered harm.
If the above mentioned elements are proven, a plaintiff may be eligible for compensation. The plaintiff may recover for economic damages, these include costs of medical treatment, rehabilitation, nursing care and lost wages. They can also recover for non- economic damages, these include pain and suffering that are difficult to value in terms of money. These damages are very subjective and usually depend on the harshness of the injury and the degree of care that the distributor, manufacturer or seller took to protect the consumer.
If you or someone you know would like to file a product liability lawsuit in California, contact the attorneys at KAASS Law at 310-943-1171. They can provide you with legal assistance by taking a look into your situation.
There are two types of damages that are recoverable in California personal injury cases, which include special damages and general damages. Special damages are those damages that are financial in nature, such as hospital and medical bills or lost wages. On the other hand, general damages are those that are non-financial losses, including pain and suffering, loss of consortium, and emotional distress.
The statute of limitation for bringing a pedestrian vs car accident is 2 years from the date of the accident. However, claims involving government tort or injury involving a government entity, such as a car accident with a government city vehicle, requires the injured party to first file a claim with the appropriate governmental agency within 6 months from the date of the accident. Finally, depending on the outcome of the claim, the claimant will then have either 6 months or two years to file suit. If you fail to follow the guidelines for the statute of limitations, you may lose your right to file a claim.
California Code of Civil Procedure section 335.1 provides, an injured pedestrian has two years to file a claim against those who may be liable for their accident.
Our personal injury attorneys specialize in various personal injury matters including complex personal injury cases, government torts specifically related to auto accidents, motorcycle accidents, left turn motorcycle accidents, truck accidents, multi-car accidents, which involve a government vehicle such as Metro Bus, fire truck, U.S Postal Service, and Water & Power Truck. If you have been involved in an accident involving a Government vehicle, give our office a call at (310) 943-1171 for a free consultation. [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]
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Many mistakenly believe that whiplash can only occur in high-speed accidents. Low-speed, low-impact, rear-end auto accidents commonly cause whiplash.
Another misconception is that whiplash is a minor injury. However, many medical experts suggest that soft tissue injuries can be severe and have long-term affects if left untreated. It is recommended following an accident, one seeks medical attention or a chiropractor in Los Angeles as soon as possible. If left untreated, it is possible that neck injuries can have serious consequences and cause widespread health problems.
If you were involved in an auto accident, motorcycle accident, pedestrian accident, bicycle accident, or any other personal injury matter, call or contact our personal injury attorneys for a free consultation. Our Glendale personal injury attorney at KAASS Law will review your case and answers any questions you may have.
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