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:
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.
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.
Have you ever thought that there are special requirements for building stairs or stairwells? Almost everyone has slipped on stairs and even fell, some of us have got serious injuries and some of us, fortunately, don't break any bones. Is it possible to get compensation for being damaged in a stairway accident or what has happened is only your fault?
As mentioned already, there are special requirements for stairs under California Residential Code. These requirements concern the width and height of such stairs, tread depth, slip resistance, etc. This means that if the constructor fails to meet the requirements or the house owner doesn't maintain the stairs clean and in good repair, the house owner may be responsible for the accidents. Thus, the stair accident claims shall be based on negligence or product liability of:
Let’s examine the grounds for the liability of each of them.
Cosmetics is a broad spectrum, covering anything from facial cleansers, moisturizers, or makeup. The two most important laws pertaining to the cosmetics market in the United States are the Federal Food and Drug Administration and the Fair Packaging and Labeling Act. However, it is unfortunate, yet it is a real thing that these products can have defective skin products.
According to www.fda.gov, the FDA is responsible for protecting public health by ensuring the safety, efficacy, and security that includes cosmetics.
According to www.fda.gov, FPLA directs the Federal Trade Commission and the Food and Drug Administration to issue regulations requiring all produced and manufacturers to include the net contents, identity of commodity, and the name and place of business of the product’s manufacturer, packer, or distributor. The disclosure of this information prevents consumer deception as to what ingredients usage in the products sold to the public.
Products become defective when there is something wrong with them, which can cause unwanted side effects or illnesses. Defects in cosmetics can lead to extremely serious reactions to the face, such as permanent scaring and infection to the eyes.
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.
Garage door accidents are not uncommon but they can still occur due to poor installation and lack of maintenance. Whether the accident happens inside your own home, someone else’s home, or a public place, a garage door accident can be very serious. Some common garage door accidents include:
A garage door malfunctioning can cause any number of serious injuries, depending on the severity of the accident. Injuries that can be a cause by a garage door accident include:
Negligence is the most important factor when deciding liability in a case. The legal definition of negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” In other words, it is a failure to act with a level of care that a reasonable person would have acted with in the same situation. Civil negligence, however, differs from criminal.
Proving negligence is sometimes more of a process rather than an immediate decision made by pointing fingers. There are four elements that an attorney must prove in order to prove negligence:
There are a number of ways that your attorney can prove these different elements of negligence, including:
One of the most common types of product liability claims in this state is, California failure to warn laws, cases. According to the law, a manufacturer, distributor, and other parties involved in the distribution chain of distribution are required to provide adequate warnings on a product.
The plaintiff must prove the following element to establish the failure to warn claim in California
The plaintiff must be able to prove that he used the product was something the manufacturer could have predicted but failed to warn about the potential harm of using the product in such a way. In addition to that, it is important to prove that the risks of this particular use were not obvious to you as a consumer.
Exercise Equipment Product Liability is based on equipment that are very prone to causing injuries that result from their defects. Whether the accident happened at a gym, or at your own home, those involving exercise equipment can result in some of the most devastating injuries that arise from their defects, due to the nature of these products. These products cause tens of thousands of injuries every year, and some specific types of exercise equipment, such as treadmills, are among the most recalled products in America. https://www.youtube.com/watch?v=Jk41OYNcWV4&feature=youtu.be
Creators of defective exercise equipment are liable for the damages when it is clear that the injuries or other damages arose directly due to the product defect. These damages can be to property that you own, or bodily damages in the form of injuries.
Ovens are among the most common kitchen pieces to contain defects that are significant enough to result in oven product liability lawsuits. These defects can merely be ones that don’t allow it to properly function, but they can also be dangerous, causing devastating damage to your belongings and even yourself and others. Some of these defects in oven product liability include:
If a defect in an oven led to damage to yourself, your family, or your property, there are several channels you can use to pursue compensation. When you gain legal representation and eventually sue the company based on their liability for the damage caused, your attorney can decide to sue based on several basis of defects, including:
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.
If the stairs haven't met the requirements and the injury results from defective stair surfaces or rails, the manufacturer or seller is liable for the defects and injuries under product liability laws. In other words, under such laws, the liability arises for anyone, who:
In order for liability to attach on a stairway manufacture, designer, seller, distributor or contractor the Plaintiff must prove the following elements:
Often times, it can be more problematic to recover damages from an employee of a company, rather than the construction company itself. However, the corresponding legal regulations provide the possibility to recover damages from the employers for negligence of the employees, because the employer shall be vicariously liable for such actions. It is just essential to prove that the negligent employee while constructing the stairs, was acting within the scope of his employment.
Can a property owner be liable for the damages to the victim? Yes, a property owner has a duty of care for keeping the property in a safe condition. Duty of care is shown by either fixing the issues with the stairway or at least warning the persons about the problems. Thus, if such actions have not been conducted and as a result, an accident took place, the property owner will be held liable for compensating the damages. Generally, the owner's insurance policy covers such compensation. However, if the policy is insufficient, the owner must pay "from their own pockets." The following factors are often taken into account for determining the owner's liability:
A injured party in a stairway slip and fall accident has a number of remedies. The injured party can receive compensation for the following expenses:
Of course, often times, the insurance company will try to blame you for the occurred accident for at least sharing the expenses and not compensating you the whole amount. As such, collecting valuable evidence such as photos or videos of the stairway, details of witnesses of your stairway accident, your medical record of treatment after the accident is very essential. Getting professional legal assistance will help you to efficiently plan your steps for getting the compensation.
If you or your loved one had a stairway accident, contact our Los Angeles premises liability attorneys today. KAASS LAW (310) 943-1171 for a free constellation and case review.
Cosmetic companies can be hold accountable should they not adhere to product liability standards in producing and manufacturing their products. Should a company fail to use a reasonable standard of care, a case against them may be brought.
If you have been hurt by a cosmetic product and would like to seek legal representation, contact our California products liability attorneys at (310) 943-1171 for a consultation. Our attorneys evaluate the details of your case and let you know what to expect and how you can proceed.
When a plaintiff is injured by the use of cosmetics, he or she may be able to file a product liability lawsuit. In California, the law provides several grounds for filing such a lawsuit. 1. Design defect. A manufacturer can be held liable if a cosmetic product:
This is especially true if the ingredients have not been adequately tested. Also when used in concentrations that exceed safe limits established by FDA standards. 2. Manufacturing Defect. Even if a product has a proper design, a manufacturing error can still lead to a lawsuit.
Also considered manufacturing defects. 3. Inadequate warning. Cosmetic companies have a duty to warn of potential side effects. This is especially true when ingredients may cause reactions in people with sensitive skin or allergies. Inadequate warnings on packaging can lead to a lawsuit for failure to warn. Such cases are particularly relevant to the use of:
Injuries from defective cosmetics can be quite severe. For example:
Some of these effects may require long-term treatment by:
If the damage has affected quality of life or caused emotional distress.
The following parties can be liable for defective cosmetics:
Affected consumers may seek compensation for:
In order to successfully file a claim, it is important to gather evidence:
If possible, get witnesses to confirm the use of the product and the consequences.
If you and or someone you know have been injured by substandard cosmetics, it is important to seek qualified legal help as soon as possible. Please contact KAASS LAW today! We can help:
We fight to make sure injured victims receive full compensation for their injuries. Call (310) 943-1171 for a free consultation with an experienced product liability attorney.
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.
To figure out who is liable in a garage door accident, it is crucial to know what caused the accident or any malfunction of the garage door. Among those that can be a consideration in a liable party include:
If you file a lawsuit after a garage door accident injury, then compensations are applicable for damages or losses due to the accident. For instance, these include both economic and non-economic damages, including:
To file a lawsuit for a garage door accident, a plaintiff must prove that the injury occurred as a result of:
In such cases, both negligence and strict liability may apply. If improper installation caused the accident, the property owner may face liability.
Under California law, property owners have a duty to maintain their property in a safe condition. This includes ensuring that garage doors are in working and safe condition. If an owner was aware of a defective gate and failed to repair it, he or she may be found guilty of negligence. Liability can also arise if the victim was on the property with permission. For example, as a guest.
In cases where the accident was caused by a defect in the design or mechanism of a garage door, the manufacturer or seller may be held liable. California law provides for strict liability for defective products. This means that a plaintiff does not have to prove that the manufacturer was negligent. He or she need only prove the existence of the defect and the causal connection between the defect and the injury. In addition, distributors and retailers may also be liable under certain circumstances.
To increase the chances of a successful case, it is important to gather and preserve as much evidence as possible. This includes:
The more complete the information provided, the greater the likelihood of a successful claim.
The statute of limitations under California law should be considered. Typically, an injured person has two years from the date of injury to file a personal injury lawsuit. If the product has a defect, the time frame may change. Missing the statute of limitations may result in the loss of your right to recover damages, so it is important to act in a timely manner.
Because garage door injury cases can involve multiple sides of a cause of action, legal assistance is crucial. The attorneys at KAASS LAW are experienced in handling these types of cases and will help determine the best strategy to protect the injured party's interests.
If you or a loved one have been injured in a garage door accident, we invite you to contact our office at (310) 943-1171 for a free consultation with a Los Angeles garage door personal injury lawyer. Our attorneys will help you determine the liable party and proceed accordingly.
Civil negligence can take many different forms, and can also be quite hard to identify at times. A few examples to help better understand civil negligence include:
Each state has its own criminal laws that decide what can be considered criminally negligent. Criminal negligence can be punishable with jail time. Some examples of criminal negligence include:
The legal consequences of civil and criminal negligence are very different. Civil negligence results in monetary compensation for the plaintiff, as the primary goal is to recover damages. This is accomplished through a civil lawsuit, which usually requires the defendant to pay for the injured person's damages or medical expenses. Criminal negligence can lead to more serious consequences, including criminal prosecution. In this case, the consequences may include:
The main purpose of a criminal case is to punish the defendant for the crime committed and to protect society. This is important to understand. In order to be held criminally liable, it must be proven that the defendant's actions were indifferent to the risk. Unlike civil liability, where proof of harm is sufficient, criminal liability depends on the degree of danger and negligence. If you have been the victim of civil or criminal negligence, it is important to seek legal help. At KAASS LAW, our attorneys can help you understand your situation and offer you the best solution. The sooner you come forward, the better chance you have of successfully resolving your case.
If you or a loved one has been in an accident or suffered any kind of injury as a result of another person’s negligence, contact our Los Angeles Personal Injury attorneys. 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. Our team speaks English, Spanish, and Armenian.
Under California product liability laws, the warning of harm or risk of injury must be:
The manufacturer/distributor is under a duty to stay informed about its product and he can't escape legal liability for a failure to warn just because he was uninformed of the risk. In case the manufacturer/distributor could have discovered the risk through investigation, research, or testing he will be liable for failing to warn the consumer about a risk he should have reasonably known about. Furthermore, if any new information is discovered, it is also the manufacturer's responsibility to warn consumers that have already purchased a product about the new risks.
Under California’s statute of limitations, the plaintiff generally has two years from the date of the injury to bring the claim against the manufacturer/distributor. This period can be extended in case:
The plaintiff can be able to recover the following:
https://www.youtube.com/watch?v=V6GTQa0qmH0&ab_channel=KaassLaw
Here are some examples of situations where a manufacture would likely have to compensate the victim for damages:
There are plenty of possible defenses to a product liability lawsuit, but generally, all of these defenses espouse the same 3 things. They are:
Let’s apply these to our earlier examples:
See also: Injuries Caused by Defective Products Product Liability Oven Defects Motorcycle Part Defects Motorcycle Accidents Personal Injury Facebook
If a faulty oven causes damage to your dwelling, your items inside the property, or even yourself and the people you live with, you have a claim to recovery for all of these damages and any pain and suffering that the damages may have been the cause. The first step to getting compensation is to gain legal representation and open a claim with the company who made the faulty product. You must do so within 2 years of the accident in California in order to be eligible for compensation. As mentioned before, you are entitled to compensation for damages to physical property and people. There are ways, however, that companies may try to avoid having to pay you. Here are some common defenses to product liability lawsuits:
If you or a loved one has been injured due to a oven product defect we invite you to contact our Los Angeles products liability attorney today at (310) 943-1171 today for a free consultation and case review. https://www.youtube.com/watch?v=aauCQGrjBB0&ab_channel=KaassLaw