Heiting & Irwin Attorneys At Law

5885 Brockton Avenue
Riverside, CA 92506
United States
Phone: (951) 682-6400
Fax: (951) 682-4072
Email: contact@heitingandirwin.com

About Our Firm

Heiting & Irwin began in 1976 out of a deep commitment to the fundamental values of the American justice system. In that spirit, we've dedicated … Learn More

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Meet Our Attorneys

Meet the attorneys of Heiting & Irwin in Riverside, CA. Each attorney has many specialties and experiences that contribute to the overall … Learn More

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Free Initial Consultation

Initial consultations are always free and can be handled in person, over the phone, or by email. If you wonder if you have basis for a case, contact … Learn More

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It is always a difficult task to find liability of a third party or entity for the unanticipated criminal conduct or actions of another. The reason for this is the very premise that the conduct is not known to or anticipated by the party.

The 2nd District Court of Appeal has now taken this concept one step further by holding that public universities have no duty to protect students from third party conduct, even when the university has knowledge of the past dangerous behavior or threats by the third party! This decision arises out of a situation where a student at UCLA was stabbed and had her throat slashed by a classmate, where it was allegedly known by university personnel of the mental illness and past history of on-campus altercations of the perpetrator.

The 2nd District Court of Appeal ruled that “a public university has no general duty to protect its students from the criminal acts of other students.” The decision is based upon current precedents that post-secondary institutions do not have the same special relationship or duty of care with adult students as elementary and high schools have toward minors. This current ruling appears limited to public universities and adult students and leaves open the issue of potential liability for criminal actions of third parties in other education and/or premises settings. This 2nd District ruling is a very cautious, conservative and safe decision in light of the many other potential theories of liability available to the court.

Adult or public university students should be aware of their surroundings and fellow students. No warnings need be given by the educational institution to be wary of potential criminal conduct of others.

If you have any claim for injury incurred at the hands of another, the Law Offices of Heiting & Irwin will provide consultation as to your potential claim(s).


All “volunteers” are not denied employment status and entitlement to Workers’ Compensation benefits.

Although, volunteers generally are not considered employees and are, therefore, not entitled to Workers’ Compensation benefits if injured–there are certain types of volunteers that are afforded employee status for workers’ compensation coverage purposes under California law.

For example, some of the specially included categories include:
• Volunteer police, while on active duty;
• Any person assisting a police office at the request of the officer;
• Apprentice and volunteer firefighters while on active duty;
• An individual who voluntarily renders technical assistance to a public entity (eg: city, county, state) to prevent hazardous events such as fires or explosions. Again at the request of said duly authorized law enforcement or fire officer;
• Appointed school volunteers, approved by the particular school district;
• Certain unpaid volunteers for public agencies and certain non-profit organizations–subject to certain requirements;
• Parent volunteers in a non-profit nursery school program may be so entitled;
• Trial jurors–if you want to call them volunteers.

Please note that these are some specially included categories of volunteers offered “employee” status. There are certain to be many more instances where individuals are classified as “volunteers” who are not entitled to workers’ compensation coverage, but where the law, under their particular circumstances, determines they should also be afforded workers’ compensation coverage.

When in doubt, check with an attorney who specializes in this area.


News broke recently that another lawsuit has arisen from the tragic automobile accident involving a 2005 Porsche Carrera GT that claimed the life of Paul Walker and Roger Rodas in November 2013 in the Santa Clarita area northwest of Los Angeles.

In or around May 2013, the widow of the driver of the Porsche, Kristine Rodas, filed suit against Porsche, purportedly alleging negligence, wrongful death and product liability.

Paul Walker’s daughter, Meadow Walker, has alleged in her lawsuit that the car was unsafe and dangerous. According to the L.A. Times, her lawsuit claims Porsche took safety shortcuts, marketed the vehicle as a race car licensed for the road, knew the car had a history of instability, and failed to address safety concerns in the design and manufacture of the vehicle.

Claims have surfaced of other deaths related to this particular vehicle.

If you or someone you know has been injured or harmed in an accident caused by an unsafe vehicle or other product, it is important to speak with an attorney about your possible rights and remedies. At the law firm of Heiting & Irwin, we offer free consultations. Give our office a call today.

October Community Events in Riverside, California

UntitledAt Heiting & Irwin Attorneys At Law, our attorneys enjoy spending time with their families and we encourage our staff to do the same as much as possible. While we are dedicated to providing our clients with exceptional legal services when they are suffering from physical, emotional, and financial damages after being injured because of the negligence of another party, we also know the importance of spending time with family and friends. Riverside community events are the perfect time for us to relax with our family and friends and to meet new friends in our community. Of course, if you need us for any reason, we are always here for you. Just contact our office to reach one of our highly-trained and friendly legal staff members who will assist you with your questions and needs.

With October being the “spooky” month of the year, we are looking forward to attending some of the Riverside family-friendly events planned around a “spooky” theme. Of course, the adults need to have some fun too; therefore, there are a few events just for us adults. Let’s enjoy some spooky fun in Riverside this October. [Read more…]

American Museum of Tort Law Opens in Connecticut

26nader1-master675Ralph Nader, American political activist, Presidential candidate, and successful consumer rights attorney, has opened a museum – a Tort Law Museum.

The American Museum of Tort Law is located in Winstead, Connecticut and aims to educate visitors on the evolution of tort lawand featuring exhibits from some of the most groundbreaking cases of the last 50 years. Exhibits regarding the Dalkon Shield, the Chevrolet Corvair, the Ford Pinto, and tobacco litigation are all present. [Read more…]


If you are injured while performing services or completing a job for another person or company do not assume you are an independent contractor–and, therefore, not entitled to the benefits available to employees under the California Workers’ Compensation System.

In certain circumstances, individuals injured “on the job” will receive a letter from their “employer” or their employer’s insurance company that they are not entitled to workers’ compensation benefits because they are not an employee under the law. Do not assume this is correct. There is often a very fine line as to whether an individual is considered an employee or an independent contractor.


An employee, generally speaking, is an individual who, while performing services for another individual or company, is under their direction and control as to the details and manner in which the work is to be done. However, there are many factors that enter into this determination, just a few which include whether type of job, the manner of payment, who provides the tools and implements to do the job or whether there is supervision, etc.

Clearly, if you are injured while performing services on behalf of another person or company and are denied workers’ compensation benefits, you have nothing to lose – seek out the opinion of an attorney familiar with these issues, preferably a Certified Specialist in Workers’ Compensation Law.


In today’s modern social-media rich environment, it has become increasingly important to manage one’s personal and private information in order to protect against identity theft, fraud, and the like. As participants in a lawsuit, plaintiffs and defendants alike are often required to disclose a great deal of personal information, including financial and medical documents, identification information, and background details. However, one’s mere participation in a lawsuit does not automatically waive the right to privacy, and experienced, competent attorneys can assist clients in protecting their personal information.

For example, in the course of a personal injury lawsuit, a party’s personal information is often collected by a professional photocopier who makes distribution to the appropriate parties. These professional photocopiers are required by law to keep copies of the information collected for at least 6 months after the final resolution of the legal matter. Code of Civil Procedure, Section 2020.440. Maintenance of those files arguably creates a risk of exposing that personal information, especially in light of the ever-advancing developments in electronic technology and criminal activity.

However, the best defense, as it were, is a good offense, and the skilled attorneys at Heiting & Irwin are experienced in navigating the waters of discovery. We work tirelessly and diligently to protect our clients’ rights to keep their personal information private by narrowly tailoring the scope of discovery to only those matters at issue in the case. By doing so, we limit the invasion caused by the litigation process, protecting from disclosure as much personal information as possible.

While most clients are not thinking about protecting their personal information when they first call us, Heiting & Irwin is on the job from day one. We offer free consultations, a warm and inviting office, and a friendly staff to anyone interested in speaking about a potential legal matter with a law firm with over 35 years of experience in catastrophic injuries, wrongful death, auto and motorcycle accidents, medical malpractice, legal malpractice, premises liability, products liability, elder abuse/nursing home negligence, and Worker’s Compensation claims.

James Otto Heiting Once Again Honored as a Super Lawyer

James Otto Heiting has, once again, been chosen as a 2015 Super Lawyer.

We are very proud to have Mr. Heiting as our founding and managing partner and we are happy that he has been recognized for his outstanding work.

Read all about him and this accomplishment here.

California Senator Proposes Changes to Jury Selection – James Otto Heiting Responds

California Senator, Marty Block, introduced Senate Bill 213 which would, in criminal misdemeanor jury trials, reduce the number of peremptory challenges from 10 to 6.  An interview with Senator Block, as well as reactions from those in the legal community, including our own James Otto Heiting, can be found here.


Summer’s Not Over Yet—Check Out these Fun Events in Riverside

image2-3The days are only getting hotter, and the kids are once again gearing up for another school year. But before you dust off the backpacks and lunch boxes, there’s still plenty of summer fun left in Riverside, California. Here at Heiting & Irwin Attorneys at Law, we like to relax with our families at Riverside’s Fairmount Park. Whether you’re looking to spend the day cooling off at the pool or basking the August heat with a picnic, there’s something for everyone to enjoy.

Fairmount Summer Concert Series

Location: Fairmount Park                                            

Date: Wednesday, August 5    

Time: 6:00 P.M.

Don’t miss the last concert in the summer series featuring the Original Sacrifice Band. Bring your chairs, blankets, and snacks for this free event at the park.

[Read more…]