Anyone can sustain an injury in various circumstances, such as car accidents, riding a horse, swimming in a pool, and even smoking an e-cigarette. When such situations happen, you usually think of how it is possible to receive compensation for such injuries. Some scenarios can also lead to the criminal responsibility of the defendant. However, it is essential to get compensation for your recovery expenses rather than see the defendant behind bars. To have a successful claim and receive as much compensation as possible, you shall imagine the lawsuit process and be ready for it. There are several steps you shall undertake after sustaining injury. Let's examine those steps and the lawsuit process as a whole.
To prove a certain size of damages and seek the compensation you shall be able to prove the link between the actions of the defendant and your injury. Collecting evidence immediately after the injury happened is a key to success in the process.
Fixed evidence in the place where the accident happened. This can be done by taking pictures of the place of the accident, and collecting details of witnesses if there were any. If there was a car accident, it is essential to maintain the evidentiary value of the car.
Receiving medical treatment as soon as possible is not only good for your health and quick recovery of damages. This is also essential for documentation of your visit, professional assessment of your health conditions, and stating that the accident is the cause of your injuries.
The reports immediately after the accident happens, have a big value in your evidence set.
In addition, don't forget that you have limited time to file a lawsuit. The terms of a statute of limitations differ based on the type of accident, however, the general term is two years. If you don't react actively and undertake the necessary steps, you'll not be able to further recover from your damages.
You do not immediately go to court if you sustain injury. Sometimes it is possible to receive compensation even after filing a lawsuit. For this reason, you can file a demand letter to the liable party or the insurance company asking for compensation for your damages. If you are denied, you are free to file a lawsuit with the court.
Without having legal standing, you'll not be able to file a lawsuit. You have legal standing when:
Particularly, if the amount of your claim:
The lawsuit is a formal claim for damages that states your intent to recover compensation from the defendant who is at fault for the accident. The lawsuit contains evidence of such fault and the direct link with your injuries. There is a legal obligation to respond to your claim. In case the defendant does not respond to your claim, the court decides if the defendant is accepting his fault for causing damages. In this case, the court will automatically hold the judgment in favor of you.
The Discovery stages of proceedings allow the parties to gather relevant evidence and information from each other. Depositions are utilized which be used in combination with the first findings gathered.
Most of the cases end before going to trial. Parties are more interested in ending the case sooner without further trial. A fair settlement is a usual solution to injury cases. However, sometimes you will not be satisfied with the offer and decide to continue the process. In this case, just note that more time (approximately more than one year) and expenses will be spent on the settlement of your injury case. If you or your loved one wants to file a personal injury lawsuit, we invite you to contact KAASS Law at (310) 943-1171 for a free consultation on your case and further assistance.
People use battery-operated electronic cigarettes to heat liquid into a vapor that may be inhaled. Vapes, e-cigs, or e-cigarettes are alternative names for them. Young people who use nicotine run the danger of long-term health consequences. Nicotine impacts the brain circuits that control attention and learning. Injuries or death caused by electronic cigarette is relatively new and arising issue,
E-cigarettes simulate the experience of traditional smoking, and they do this by releasing vapor. Particularly, the liquid vapor boils by a heating element inside the e-cigarette and the issues arise when the heating process causes the electrolytes to expand and overheat. This can cause serious injuries to the user of e-cigarettes.
There are various causes of injuries by e-cigarettes. For example, the explosion of e-cigarettes in the user’s mouth causing different degrees of burns to the face, and injury of fingers, which even lead to their amputation. Most e-cigarettes contain nicotine. , which lasts into the early to mid-20s, and is extremely addictive. Future cigarette smoking may be more likely among young people who use e-cigarettes. Additionally, breathing difficulties may occur through the use of e-cigarettes which can lead to death earlier. The brain in the human body can be harmed severely if an individual intends on smoking traditionally. Additionally, illnesses and difficulties with self-control may become more likely. Additionally, nicotine use may have an impact on a young person's attention and learning-related brain regions.
A bike accident can be a serious concern, and while most people today commute by car, there are individuals who travel from one place to another on bicycles. Bicycles are not exactly the vehicle of choice for many commuters. However, for those who bike, it is convenient for them. Bikes are light, compact, and can be stored in small spaces when not in use. These attributes make bikes more appealing than cars or buses for some people. However, while biking is a healthier alternative to driving, it comes with risks that need to be taken into consideration before choosing this form of transportation over others. While it is not the safest means of getting from one place to another, it can be cheaper and healthier for some people who commute on a daily basis.
All parties sharing the streets must take precautions when in traffic because there are many risks involved. A driver should always leave at least the minimum distance from cyclists so that they do not get into an accident with them, and vice versa. The risk of accidents increases if the cyclist is riding fast or on a narrow road. A driver needs to know how to act around cyclists in order to avoid any possible collisions with them. By keeping a distance from cyclists, they will be able to do just that. As a driver, prepare to drive with extra caution around cyclists. Cyclists may also be riding at very high speeds, so if there were to be a collision, it would be catastrophic. Therefore, this is why it is important to keep at least the minimum distance from them. Cyclists have a number of risks when they are on the road. For example, if a cyclist is riding in an area where there are cars, they could very well be hit by one and potentially die or sustain serious injuries. Additionally, if cyclists do not obey traffic laws, such as stop signs or red lights, then this can also put them at risk for accidents. Finally, since bicycles may move faster than other vehicles on the road, like cars and trucks, collisions with them can lead to severe damage.
When we think of a car accident, we usually imagine it involving two cars, however, this is not always the case. There are many other scenarios that can lead to an accident. One example is when someone backs out of their driveway and hits another vehicle or pedestrian crossing the street. This article will discuss how pedestrians and drivers should interact with each other on the roadways to avoid this type of situation altogether.
Car accidents are a common occurrence on the roads, and they can happen to anyone. It is important for drivers to understand what might cause a car accident. How you should react in an emergency situation, and how it feels when you have been involved in one? This article will give you some insight into all of these topics so that you know what to do if the unthinkable happens. The notion of a car accident usually conjures up images of two cars colliding with one another. However, it is possible for a single vehicle to be in an accident resulting in bodily injuries and/or property damage. The statistics for these types of accidents are not as well-known as those for multi-vehicle accidents but they happen more often than you may think. But what about when the driver crashes into an innocent bystander? These are often fatal accidents that could have been prevented with better driver training and more careful driving habits. What we often don't think about is that it's not just two cars that are in an accident; there may also be pedestrians or bicyclists nearby who could sustain an injury as well.
Cardiovascular problems can develop down the road as a result of physical injuries sustained in a vehicle accident. It is well-known that severe car crashes can result in fractures, ligament tears, and sprains. However, many individuals are unaware that a bad vehicle collision can also affect circulatory health, leading to cardiac issues. Heart attacks and irregular heartbeats are common aftereffects of automobile accidents. These conditions may result in long-lasting health issues, potentially shortening one’s lifespan.
Several causes can contribute to heart attacks following an automobile collision. The most prominent reasons are:
Partaking in organized sports may help kids gain physical abilities including intellectual, self-control, and general life skills. Additionally, it may have advantageous social effects that improve social identity. On the other hand, there are a lot misleading outcomes from engaging in school sports. It leaves them with a result of going through obstacles that prevent them from doing things they desire. School-related injuries tend to lead students into a difficult position of not being able to live normally, do certain things that were done before, and developing physical abilities.
On the contrary, athletes who participate in sports will also benefit from improved physical abilities. Kids that participate in sports improve their social skills, collaboration, and leadership abilities. Ultimately, school sports provide benefits that lead kids to developing skills that can help them later on. For example, independence, self-confidence, leadership, eating and sleeping habits, etc.
Employee injuries are unfortunately common in workplaces across California. Whether it's a slip on a wet floor, a fall from scaffolding, or an injury caused by malfunctioning equipment, these incidents can leave workers dealing with physical pain, emotional stress, and financial uncertainty. Understanding your legal rights after an employee injury is critical to protecting your health, your income, and your future.
At KAASS LAW, our experienced attorneys help injured workers explore their legal options and pursue the compensation they deserve. If you’ve been hurt at work, don’t wait—knowing what steps to take can make all the difference.
The most important action you can take after any workplace injury is to report it immediately to your supervisor or manager. Even if the injury seems minor at first, symptoms can develop or worsen over time. By reporting right away, you start a paper trail that can support a future claim.
After notifying your employer, seek medical attention. Depending on the severity of your injury, you may need emergency care or a follow-up appointment. Make sure to keep records of all medical visits, diagnoses, prescriptions, and treatments.
When exiting a parking space, drivers must yield right of way to passing vehicles and pedestrians. If they collide with a pedestrian or another vehicle while backing out, they will almost always be held accountable. There may be exceptions, such as when the oncoming vehicle was speeding or the pedestrian was particularly careless.
Vehicles that have been parked and are pulling out of a parking space do not have the right of way. They must yield to vehicles moving through the parking lot. They must also yield to pedestrians. However, parking lots are notorious for having a lot of activity. They are also densely packed with parked cars, resulting in poor visibility and numerous blind spots. This can make seeing oncoming traffic through the other parked cars difficult. Nonetheless, drivers backing out of a parking spot have a legal obligation to do so safely. They are usually liable if they hit another car or a pedestrian. They can be made to compensate the parking lot accident victim. There are, however, exceptions.
Fraudulent acts are committed by a relative or caregiver of a property owner. In many cases, they involve family disputes. There have been reports of children stealing their parents' property, people attempting to co-opt inheritances from their siblings, and people attempting to defraud their spouses. To transfer ownership, the scammers create fake documents, including fraudulent or incorrect notarizations. Unlike in many other parts of the country, California's laws and real estate practices make it very easy to fraudulently transfer property title. When a document is recorded, it becomes part of the official title chain, and the new owner, legitimate or not, can obtain loans or even sell the property. The statute of limitations is relatively short (three years for forgery and two years for fraud) and has frequently expired by the time the victim realizes his home is no longer in his name.
Fraud transfers include signed documents that allow a creditor to seize the debtor's assets or force the debtor to pay the debt from their income. Some judgment debtors decide to hide or dispose of their assets after learning that judgment collection methods will allow the creditor to seize their assets. Debtors, for example, may transfer their assets. This could be to relatives, friends, or legal entities, simply place the assets under false names, or burden their assets with fictitious debts. Debtors may engage in such schemes, the courts and legislature have long recognized. As a result, the Uniform Fraudulent Transfer Act provides remedies for creditors who face this issue. Making a mistake during a notarization can have serious financial and legal ramifications for California Notaries, and breaking the law on purpose can result in even harsher penalties. This guide will assist Notaries in becoming acquainted with the Golden State's Notary laws and penalties for misconduct.
Treatise: Motorcycle Helmet Product Liability in California Product liability lawsuits frequently arise as a result of motorcycle accidents, and a common product at issue is the rider’s motorcycle helmet. For instance, in California, manufacturers, distributers, and retailers of motorcycle head gear can liable for injuries and damages that occur as a result of defective protective gear.
In California, lawsuits brought under the theory of products liability are strict liability cases, meaning the plaintiff does not have to show negligence on the part of the manufacturer or seller in order to prevail on a claim of defective product. The basis for strict products liability is grounded on the public policy considerations that parties involved in the commercial enterprise who make a profit by placing defective products into the marketplace should bear the responsibility of the injuries caused to consumers by those products. V 61 C.2d 256 (Ca. 1964). In order for a plaintiff to prevail and be awarded damages under the theory of products liability the plaintiff must show: (1) there was a defect in the manufacture or design of the helmet or the helmet’s product warning was defective or did not exist; (2) the defect was the cause of the plaintiff’s injury; and (3) injury did in fact occur. , 137 Cal.App.4th 292, (Ca. Ct. App. 2006).
When the user exhales this vapor into the air, bystanders can also breathe it in. By heating a liquid that typically contains nicotine, flavorings, and other compounds, e-cigarettes create the vapor which is then inhaled by users.
California product liability regulations allow us to sue manufacturers/designers as they shall be liable for any damage which the item causes to the user (in case the issues with this item functioning arose because of the manufacturer and not as a result of the negligent use by the person). However, attempting to sue the manufacturer is not always a smart option since it can be difficult to track down the producer. As a result, it would be difficult to obtain damages because third-world nations like China generally make electronic cigarettes. That's why many attorneys try to find the distributor of the e-cigarettes and file a lawsuit against him. It is crucial to demonstrate that the defendant owed you as a customer a duty of care and that this responsibility was carelessly broken, before you may file a claim.
Vapor-related product liability claims can result in seeking compensation commonly for:
If the exposure to e-cigarettes leads to the death of your family member, you are entitled to recover compensation for:
Thus, when e-cigarettes are used by a usual consumer, they shall not explode and cause serious injuries. Therefore, when such a situation happens due to injuries or death caused by electronic cigarette, you shall contact a personal injury lawyer as soon as it is possible. If you or someone you know have an injury because of an e-cigarette accident, we invite you to contact KAASS Law firm at (310) 943-1171 for a consultation on your case and further assistance.
Blind spots are a big concern, not only for pedestrians and other vehicles but also for cyclists. As the cyclist and the driver may very well be in their lanes, when it comes to changing lanes or making turns, there is a chance the driver may not see the incoming biker and get into an accident. Crowded streets and tight lanes are also a location where these accidents are prone to take place. To add, it isn't every street that has a bike lane, so it is crucial for the driver to be aware of their surroundings and blind spots at all times. If the driver is on a road with a bike lane and they need to make a right turn, they must enter the lane to do so. This is another common way vehicles and cyclists get into collisions. With the driver not noticing the biker in the first place, it is difficult to avoid a collision.
Bicyclists are at a disadvantage due to the fact that they do not have the protection of an enclosed vehicle. While bicyclists can take precautions to minimize their risk, it is difficult to predict how motorists will react when passing them on the road. Injuries may vary from minor to severe. Minor injuries may include bruises, scrapes, and scratches, while more serious injuries can result in paralysis or death. Injuries depend on the severity of the impact and the amount of force exerted during the collision. The compensatory damages, however, include:
Additional damages are recoverable based on the severity of the injuries.
In order to recover damages after colliding with a car, a biker must show:
There are many ways to reduce or avoid bike accident injuries, such as:
If you have suffered in a car accident while riding your bike, contact our Los Angeles personal injury attorney today at (310) 943-1171 for a consultation. For more tips and guidelines on ensuring safe biking, check out the League of American Bicyclists' Bicycle Safety resources.
Are there different crash types? Yes, there are a countless number of crash types from a motor vehicle accident. Below are listed the types of crash types in order of how frequently they occur.
Starting from the top of the list, collisions with other vehicles happen most frequently as opposed to the list following. Accident involving other vehicles may include speeding, distracted driving, loss of control of a vehicle, inexperienced driving, etc. Object collisions may include things flying out of other vehicles or a weather related accident. Pedestrians and animals may jaywalk or interfere with your right of way. With all of this in mind, we now understand that accidents are prone to occurring with relation to these different crash types.
There are cases where accidents may be preventable, however this does not apply to all collision cases. To those accidents that are preventable, it was the lack of action taken from the driver to be able to avoid the accident. Let's do a breakdown of some examples of preventing worse case scenarios, or better yet, avoiding them completely. Getting into a collision due to distracted driving is unfortunate simply due to the fact that every driver knows to not be texting while driving or using their devices while their primary focus should be on the road. As a driver, you are responsible for you, your passengers, other cars, and all people of vehicles nearby you. To jeopardize you and everyone around you is a selfish risk that is absolutely avoidable. All it takes is just one second to look down at your phone and cause a problem. This is an example of preventing an accident. It is not always possible to avoid an accident. However, there are steps we can take to avoid worse damage in the collision. For example, you are driving behind a truck that writes on the back to keep your distance due to frequent stops it makes. If you are tailing the truck and it stops and you happen to rear end, you were acting in negligence to the sign that is on display in front of you. The accident could have been avoided, however, resulted in a rear end collision with possible damages to your vehicle and bodily injuries.
In the midst of trying to prevent an accident from occurring, you have to be able to know what is going on around your vehicle at any given time. Using your rear view mirrors and frequently checking your blind spots will benefit you in such a situation. Contact our office at 310.943.1171 if you have been in an accident.
These factors contribute to the heightened risk of cardiac issues after a car accident, and they highlight the importance of understanding the connection between traumatic events and heart health.
In addition to cardiac issues, car accidents can also increase the risk of strokes. Stress from a vehicle collision may trigger a stroke, especially when accompanied by other bodily injuries. Surprisingly, even minor accidents, such as low-impact rear-end crashes, can result in neck injuries or shock that may eventually lead to a brain aneurysm.
In some cases, the effects of these injuries can persist long-term, and overcoming these challenges without proper medical treatment can be difficult. High blood pressure induced by stress during an accident significantly increases the risk of both heart attacks and strokes, making automobile accidents a major contributor to cardiac issues and other life-threatening conditions.
The severity of burn injuries sustained in a car accident is categorized as follows:
While burn injuries are serious and require timely medical care, the cardiac issues that stem from trauma often receive less attention. Long-term recovery for both types of injuries demands significant medical intervention.
Heart Disease and Injury Connection – Learn more about how trauma affects cardiovascular health from reputable sources like the American Heart Association.
Some injuries are immediately apparent after a car accident, such as cuts and fractures. However, there are injuries that may not manifest until days or even hours after the incident. Failing to address these injuries can lead to long-term complications.
Brain trauma can result in permanent complications, especially if left untreated. Some long-term effects of untreated brain injuries include:
Traumatic brain injuries can lead to long-term consequences, and cardiac issues might further complicate recovery, as the body’s stress response negatively impacts overall health.
Internal bleeding is a serious concern after a vehicle collision. Symptoms of internal bleeding include:
In severe cases, internal bleeding can lead to death if not treated quickly. It is essential to monitor for signs of internal bleeding after an accident, as this condition can exacerbate existing cardiac issues due to the body's strained circulatory system.
Hairline fractures may not be immediately noticeable after a car accident. X-rays or other imaging tests are necessary to detect these hidden injuries. Even a minor fracture, if left untreated, can lead to serious complications and long-term pain.
Burn injuries from car accidents are often more difficult to treat, cause significant pain and suffering, and take longer to heal compared to other injuries. If you’ve sustained burns or cardiac issues from a vehicle collision, it’s crucial to consult with a personal injury lawyer who specializes in burn injury cases. They can help ensure you receive fair compensation for your medical expenses, pain, and suffering.
A car accident involving burn injuries and cardiac issues can be complex, but experienced attorneys know how to navigate these cases. With the right legal guidance, you can ensure that your injuries are fully compensated, allowing you to focus on recovery.
If you’ve experienced severe burns or cardiac issues as a result of a car accident, don’t hesitate to reach out. Contact a knowledgeable personal injury attorney at 310.943.1171 today for a consultation.
Students who sustain severe injuries live on with their lives with non-beneficial outcomes. As a result of an accident, it leaves them scarred, disfigured, or severely injured. An individual's personal representative may file a death claim if an incident involving school athletics caused the death of someone. In a wrongful death litigation, damages may include salaries for family members who lost a loved one. For instance, unjustified death lawsuits that negatively impact the family are financial losses, compensation for loss of support, etc. The pain and suffering that families experience is a traumatizing feeling when losing a loved one. In particular, professional, badly wounded athletes experience depression, stress, hostility, and low self-esteem frequently after injury. Mood disturbance has a negative impact on attendance at completion of treatment and is related to the athlete's perception of their recovery progress. In general, a person's situation may become unfavorable as a result of an accident. Teams may lose sight of their objectives in favor of competing among themselves for awards.
Sports injuries include pain as well as any expenditures incurred as a result of your injuries. As a result, the victim of an injury will receive therapy in order to recover appropriately over time. If there are harmful conditions on school grounds, the school district may also be responsible. Premises liability rules may hold schools accountable when they fail to maintain school property in a way that is reasonably safe and an accident results. However, parents can be required to sign releases by schools before their kids can participate in school sports. Moreover, if a legal guardian chooses to prevent their kids from participating, then their chances of injuries will be much less.
Every sport carries the risk of hurting a student. However, due to the nature of the action, such as in contact sports, some sports are statistically more likely to result in injury. Examples include:
Teachers, coaches, and staff administrators need to effectively oversee all kids in order to avoid any student from becoming hurt. Consequently, the student's injuries reflects on the staffs' ignorance of the incident. However, it can change based on how risky the activity is and the age of the students that are involved.
If you or a loved one has been involved in a school sports injury, contact Kaass Law at 310.943.1171.
In our work with injured workers throughout Los Angeles and beyond, we've seen a wide variety of incidents leading to injury claims. Some of the most common include:
Whether you work in an office, warehouse, or on a film set, your employer is responsible for maintaining a safe working environment.
California law generally requires employers to carry workers’ compensation insurance, which provides coverage for medical expenses and partial wage replacement. However, there are limitations. Workers' compensation typically doesn’t cover non-economic damages like pain and suffering or emotional distress.
That’s where third-party claims come in. If someone other than your employer—such as a subcontractor, property owner, or equipment manufacturer—played a role in your injury, you may be able to file a personal injury lawsuit in addition to your workers' comp claim.
Learn more about your options in our guide to third-party work injury claims in California.
To build a strong legal claim, you must prove that another party was negligent and that their actions (or failure to act) directly led to your injury. Common examples include:
Collecting evidence is key. This may include photos from the scene, eyewitness statements, accident reports, surveillance footage, and your medical records. An attorney can help gather and preserve this evidence while you focus on recovery.
Navigating the legal process after a workplace injury can be overwhelming, especially when you’re already dealing with physical recovery and medical bills. At KAASS LAW, our Glendale personal injury attorneys understand how to handle complex employee injury cases, including those involving multiple liable parties.
Our legal team can help you:
If you have questions about your legal rights, don't hesitate to contact our team for a free consultation.
While both workers’ compensation and personal injury lawsuits provide financial relief, they differ in several important ways:
AspectWorkers' CompPersonal Injury Lawsuit
Fault Required?
No
Yes – must prove negligence
Types of Compensation
Medical bills, partial wages
Medical, lost wages, pain & suffering
Suing Employer?
Not allowed in most cases
May sue a third party (not the employer)
Timeline for Filing
Within 30 days of injury (notify employer)
Within 2 years of the incident
Knowing which path is appropriate can save you time and help maximize your compensation.
For more general information about workplace safety standards and employee rights, you can visit the Occupational Safety and Health Administration (OSHA) website.
Every injury case is unique, and acting quickly can be crucial. Waiting too long to report your injury or explore your legal options could impact your ability to file a claim. Our attorneys at KAASS LAW are here to provide the legal guidance you need.
We’ve helped numerous employees in California obtain compensation beyond what workers’ compensation offers, especially in cases involving third-party negligence.
If you or someone you love has suffered an employee injury, contact our office today at 310.943.1171 or visit our page on California workplace injury claims for more information.
In a case involving an auto accident, disregarding certain driving regulations can serve as proof of negligence. The finding of negligence may significantly impact the assessment of responsibility for the incident. If the driver or pedestrian who was hit was acting inappropriately, their share of the blame may be greater than that of the driver pulling out of the parking spot. Their carelessness can manifest itself in a variety of ways, including:
The person hit by the car pulling out may have contributed to the accident in these cases. If they hire a car accident lawyer to file a personal injury lawsuit against the driver who pulled out, shared fault rules, such as comparative negligence, may reduce or eliminate their compensation.
Usually, both parties are at fault when two vehicles back out simultaneously in different directions and collide. If acceleration and impact were striking at high speeds, it is possible for both drivers to get injuries. However, injuries may vary. In any case, it is crucial to contact your attorney and find out if you are able to receive compensation for your loss. Those in parking spaces must yield to those in the main lanes, meaning the driver coming from the traffic flow has the right of way. In other words, the driver in the main lane has priority over individuals exiting parking spaces. On the traffic flow, alternatively, this hierarchy is based. When pulling out of a parking space, parked automobiles yield to moving vehicles. Moving cars in the main lane of traffic must yield to stationary vehicles during the time of traffic. All cars, however, have to stop for pedestrians. Parking lots are always one-way for pedestrians. They can still cause an accident, though, by acting inappropriately. In parking lots, there is a standard regulation for the speed restriction. This aims to give drivers ample time to brake and avoid an accident in a parking lot. Certain parking lots have their own right-of-way guidelines. These must be clearly visible on street signs or painted on the pavement. These might, for instance, lower the speed limit or change who gets the right of way. Parking lots can be especially dangerous for children and pedestrians. According to the National Highway Traffic Safety Administration, thousands of pedestrians are injured each year due to driver inattention and poor visibility in areas like parking lots.
Parking lot collisions happen frequently and can be incredibly serious. A tendency to drive while distracted in a parking lot is a major contributing factor to the large number of these accidents. Driving with any distraction can lead to serious or even fatal injuries, especially to vulnerable victims. Many victims in parking lot accidents are children. Because of their short height, even an attentive driver backing up from his or her parking spot is often unable to see young kids. Additionally, children frequently run through parking lots, making it difficult for drivers to predict their location. The family of the victim may bring a wrongful death claim if there has been a tragic parking lot collision involving a vehicle or a pedestrian. In order to obtain compensation from the party at fault if you were injured in a busy parking lot, you might think about creating an attorney-client relationship with a personal injury lawyer. If you have been involved in a collision in a parking lot, call Kaass Law at 310.943.1171.
If a Notary commits an infraction, the penalties under California law are divided into four categories:
It is critical to understand that misconduct can result in multiple penalties for a Notary. For example, if a Notary is found negligent for failing to properly complete and seal an acknowledgment on a real estate document, the Secretary of State may impose a civil penalty as well as suspend or revoke the Notary's commission. Furthermore, if the Notary's error resulted in a financial loss for the signer, the signer could sue the Notary to recover any damages incurred as a result of the faulty notarization. Intentionally violating state Notary laws ("willful misconduct") carries significantly harsher penalties than unintentional violations ("negligence").
Notary misconduct can be avoided by the following steps:
Property title fraud can have serious consequences for homeowners in California. To prevent fraud, regularly review your property records and monitor any changes in your title. Be cautious of suspicious activities, like receiving unfamiliar loan offers or unexpected legal notices. If you suspect fraud, act quickly by contacting your title company and a real estate attorney. The sooner you identify fraudulent transfers, the better your chances of stopping further damage. Keeping track of any changes and maintaining clear communication with your legal team can help protect your assets from fraudulent transfers.
If you discover that someone has fraudulently transferred your property title, take immediate action. Start by contacting the county recorder's office to verify the transfer and obtain copies of all relevant documents. Notify your mortgage lender and any financial institutions involved to prevent further unauthorized transactions. Next, file a fraud report with local law enforcement and seek the guidance of an attorney specializing in real estate fraud. Legal remedies may include reversing the fraudulent transfer, recovering assets, and holding the responsible parties accountable. Be proactive in protecting your property to minimize further harm.
Notarization plays a vital role in ensuring the authenticity and legality of real estate documents. Proper notarization prevents fraudulent activity by verifying the identity of the signer and confirming that they willingly entered into the agreement. Ensure that the notary follows all California laws, including the proper completion of notarial certificates and maintaining accurate records. Inaccurate or improper notarization can lead to costly legal disputes or even title fraud. Always choose a reputable notary and ensure they comply with all requirements to avoid the consequences of fraud or misconduct in your transactions.
If you are in need of an attorney, feel free to give our office a call at 310.943.1171.
Product defects can determine by: (1) manufacturing defect; (2) design defect; or (3) warning defect. The mere fact that a plaintiff suffered an injury from the normal use of a product does not itself establish that the product was defective. Hennigan v. White, 199 Ca.App.4th 395 (Ca. Ct. App. 2011). For example, a plaintiff who suffers a head injury while wearing a motorcycle helmet in its normal use is not, by itself, sufficient to establish a claim for products liability. Instead, there has to be some kind of legal defect in the motorcycle helmet.
Manufacturing defects are most common. Strict products liability for a manufacturing defect can be found in two scenarios: (1) when the product left the manufacturer’s control, it differed from the manufacturer’s intended result or (2) when the product left the manufacturer’s control, it differed from apparently identical products of the same manufacturer. Barker v. Lull Engineering Co., Inc., 20 Ca.3d 413 (Ca. 1978). Additionally, the defective product must have been used in a manner reasonably foreseeable by the manufacturer and yet still caused the plaintiff’s injury. Id. The following scenario highlights the “reasonably foreseeable use” element of a manufacturing defect claim: Plaintiff wears her motorcycle helmet on backwards, shorty thereafter gets into a collision due to her vision obstruction. A defect in the face shield of the helmet causes injury to the back of her head. Plaintiff would not be able to maintain a products liability case against a motorcycle helmet manufacturer because, even though the face shield was defective, she was not using the helmet in a manner that would be reasonably foreseeable by the manufacturer. California’s Civil Jury Instructions require that in order for a plaintiff to establish a claim for manufacturing defect, all of the following must be proven: (1) that the defendant manufactured or sold the product at issue; (2) that the product contained a manufacturing defect when it left the defendant’s possession; (3) that the plaintiff was harmed; and (4) that the product defect was a substantial factor in causing the plaintiff’s harm. CACI No. 1201. “A product will be considered as containing a manufacturing defect if the product differs from the manufacturer’s design or specifications or from other typical units of the same product.” CACI No. 1202.
In terms of analyzing a plaintiff’s claim under the consumer expectation test, a jury will be instructed that the following elements must be proven before judgment can be awarded in favor of the plaintiff: (1) that the defendant manufactured or sold the product (2) that the product did not perform as safely as an ordinary consumer would have expected it to perform when used or misused in an intended or reasonably foreseeable way; (3) that the plaintiff was harmed and; (4) that the product’s failure to perform safely was a substantial factor in causing the plaintiff’s harm. CACI No. 1203. Alternatively, when reviewing a claim for design defect under the risk-benefit test, a plaintiff must prove: (1) that the defendant manufactured or sold the product; (2) that the plaintiff was harmed and; (3) that the product’s design was a substantial factor in causing the plaintiff’s harm. CACI No. 1204. If a plaintiff can prove these three facts, then the jury is instructed to decide in favor of the plaintiff unless the defendant can prove that the benefits of the product’s design outweigh the risks of the design. Id. In deciding whether the benefits outweigh the risks, the jury is instructed to consider the following factors: (1) The gravity of the potential harm resulting from the use of the product; (2) The likelihood that the harm would occur; (3) The feasibility of an alternative design at the time of manufacture; (4) The cost of an alternative design; (5) The disadvantages of an alternative design; and (6) Any other relevant factors. Id.
A plaintiff must prove all of the following to establish a claim for warning defect: (1) that the defendant manufactured or sold the product; (2) that the product has potential risks or side effects that were known or knowable in light of scientific or medical knowledge at the time of manufacture or sale; (3) that the potential risks or side effects presented a substantial danger when the product is used or misused in an intended or reasonably foreseeable way; (4) that ordinary consumers would not have recognized the potential risks or side effects; (5) that the defendant failed to adequately warn or instruct of the potential risks or side effects; (6) that the plaintiff was harmed and; (7) that the lack of sufficient instructions or warnings was a substantial factor in causing the plaintiff’s harm. CACI No. 1205.
The defective product must have actually caused the plaintiff’s resulting injury. Horn v. General Motors Corp., 17 Cal.3d 359 (Ca. 1976). It is not enough that the defect played some role in causing the injury, however, the defect must have been a substantial factor that lead to the plaintiff’s injury. Soule at 572. In fact, a defect is considered legally and factually irrelevant if it played no part in bringing about the injury. Id. (Holding that if the external force of a vehicle accident was so severe that it would have caused identical injuries in spite of the defect in the vehicle’s collision safety, then the defect cannot be considered a substantial factor in bringing about the plaintiff’s injury.) Practically, in cases of motorcycle helmet product liability, this would mean that if a plaintiff suffered a head injury during a motorcycle crash such that was so severe the outcome would have been the same regardless of whether or not the plaintiff was wearing a helmet, then a claim cannot be made for products liability even if the helmet was found to be defective.
Injury must occur. In terms of products liability, a defendant can be strictly liable for physical injuries which connects to persons or property. As the old saying goes, "No harm no foul." However, it is important to note that a plaintiff cannot prevail on a claim of strict liability for purely economic loss. Absent a claim of personal injury or damage to other property, there is no strict liability for loss of value, cost of repair, or replacements of the defective product. Jimenez v. Superior Court, 29 Cal.4th 473 (Ca. 2002). Additionally, California courts have held that the injury suffered by plaintiff must have actually occurred, meaning it is insufficient to claim only the likely potential for injury. KB Home v. Superior Court, 112 Cal.App.4th (Ca. Ct. App. 2003).
A broad range of plaintiffs may recover under the theory of product liability. Recovery from injury is not limited to the first purchaser of the product, but rather to anyone whose injury was reasonably foreseeable. Elmore v. American Motors Corp., 70 C2d 578 (Ca. 1969). This can include innocent bystanders injured by defective automobiles or employees injured by defective equipment owned by their employers. See Elmore v. American Motors Corp., supra, 70 Ca.2d 586 (Ca. 1969). See Barker v. Lull Engineering Co., Inc., 20 Cal.3d 413 (Ca. 1978). A practical example of this concept in a motorcycle helmet product liability case can is as follows: Biker Son purchases a motorcycle helmet for Biker Dad’s birthday. Biker Dad has a motorcycle accident while wearing the helmet and suffers a brain injury as the result of a design defect in the helmet. Although Biker Dad was not the direct purchaser of the helmet, he is a proper plaintiff who can bring suit against the helmet manufacturer.
In instances of product liability, the manufacturer is normally the most obvious defendant, but they are far from the only defendant available. Originally, the doctrine of strict liability only applied to the manufacturers of defective products. Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57 (Ca. 1963). However, over time, California courts have expanded the doctrine to reach parties involved in the commercial chain of distribution of the defective product. Peterson v. Superior Court, 10 Cal.4th 1185 (Ca. 1995). This means that not only the manufacturer of a defective motorcycle helmet can be liable in a claim of products liability, but also the distributor and the retailer can be liable as well.
Although there are several potential defendants available to the plaintiff in a motorcycle helmet products liability action, not everyone can be under the doctrine of a lawsuit. You will note that manufacturers, distributors, and retailers have one common theme that exists between them – they are all involved in the chain of custody of a product. One party that cannot hold liability under the doctrine of products liability is a party who provides a service. Strict products liability will always involve a tangible product that places into the stream of commerce, so if the potential defendant is offering a service, rather than a product to the plaintiff, the plaintiff cannot bring suit against the service provider under the theory of products liability.Gagne v. Bertran, 43 Cal.2d 481 (Ca. 1954). For example, a plaintiff would most likely not be able to bring a products liability suit against a business that provides motorcycle riding lessons, even if the business provided the plaintiff with a defective helmet to use during the lesson. The plaintiff may be able to sue under another legal theory, but not products liability. In some cases there may be a dispute over whether the business is providing a product or services, and in those instances, the court must determine whether the dominant role of the defendant should identify as a service or a sale. Murphy v. E.R. Squibb & Sons, Inc., 40 Cal.3d 672 (Ca. 1985).
Product liability among defendants is joint and several, meaning that any defendant established by the plaintiff as involved in the stream of commerce of the defective product is responsible for all of plaintiff’s damages.
Below is a list of various California jury verdicts and settlements for cases regarding product liability connection to a defective motorcycle helmet:
• Esposto v. City and County of San Francisco; State of California; Shoei Helmet Corporation; Paulson Manufacturing Company; David Golden Motorcycles, Inc., JVR No. 43984 Superior Court, San Francisco County (1986). A plaintiff in his mid-30s is a victim in motorcycle accident, resulting in becoming a quadriplegic. The plaintiff sued the city of San Francisco and State of California arguing that poor road conditions contributed to his accident. Additionally, the plaintiff sued the motorcycle manufacturer and retailer and claimed that the bike, helmet and visor were defective. The manufacturer and retailer maintained that the products were not defective. The plaintiff eventually settled for a total amount of $865,000. The city and county paid the large bulk of the settlement.
• Sheryl Suglia v. Nexl Sports Products, LLC, Lifestyle Custom Cycles, Gilbert J. Williams and Mark Skolnick Jr., 2009 WL 3260089, Superior Court, Los Angeles County (2009). Plaintiff and her late husband got into a collision with their motorcycles, head-on, by a drunk driver, resulting Plaintiff having severe injuries the passing of her husband .At the time of the crash, plaintiff and her husband were wearing “beanie” type helmets manufactured by Nexl Sports Products and sold by retailer Lifestyle Cycles.The particular "beanie" type helmets did a recall in 2003 for failing to pass Department of Transportation penetration and impact-absorption tests. The plaintiff sued the manufacturer and retailer under the theory of strict products liability and negligence, claiming that both defendants should have made her aware of the product recall. Plaintiff sought more than $2 million in economic damages. The jury found in favor of the defense, reasoning that the impact between the car and motorcycle was so major that no helmet could have prevented the resulting injuries.
• Sally Doe v. Daytona Helmets Inc.; Jeffrey McKinley; Big Dawg Custom Cycles & Rodney Chatwin, individually, 2006 WL 4589449, Superior Court, Alameda County (2006). Plaintiff is dealing with head injuries due to a motorcycle accident. One of the claims brought by plaintiff was for products liability against the motorcycle helmet manufacturer. The crux of plaintiff’s argument was that the helmet failed to meet DOT safety requirements, despite the fact that it displayed a DOT compliant sticker. The parties reached a settlement agreement and the plaintiff received approximately $1 million from the helmet manufacturer and an additional $1 million from the remaining defendants.
• Grant Thor and Sara Guerrero v. Kerr Leathers, Inc., Sunright International and Visalia Harley-Davidson, 2007 WL 2872337, Superior Court, Tulare County (2007). Plaintiff's late father received severe head injuries due to an motorcycle accident, resulting his late fathering from passing away. Plaintiff brought a products liability suit against the manufacturer. The retailer of the helmet claiming that it was defective after it failed a “retention” test by the Federal Government. The defendants recalled the helmet, but there was no evidence of the plaintiff’s father ever receiving notice of the recall. Plaintiff settled for approximately $2 million.
• Riley v. Grandon, 5 Trials Digest 17th 7, Superior Court, Riverside County (2013). The Decedent was a motorcycle passenger when the bike struck a speedbump, lost control, and crashed. Unfortunately, the Decedent fractured her skull and died as a result of her injuries. The Decedent’s estate brought suit against the driver of the motorcycle under a theory of negligence and also alleged strict product liability against the manufacturer and retailer of the helmet the Decedent was wearing at the time of the accident. At the end, the plaintiff claimed that the helmet did not meet motorcycle safety standards. Plaintiff reached a $1 million settlement with the helmet retailer. THIS ARTICLE IS FOR EDUCATIONAL PURPOSES ONLY, NO ATTORNEY CLIENT PRIVLIGE, CONSULT, OR ADVICE. PLEASE CONSULT WITH A PROFESSIONAL. Contact KAASS Law for further assistance and representation!