Recent Blog Posts
Premises Liability and the Duty to Warn about Open and Obviously Dangerous Conditions
I’ve written many times about how the case of Rowland v. Christian (1968) 69 Cal 2d. 108 established that landowners have a duty to maintain their property in a non-negligent fashion and protect those on their property from foreseeable harm. A recent case, takes up the issue of foreseeable harm. (see (Montes v. Young… Read More »
Ease of Zoom Testimony and CCP § 367.75 Not Enough to Defeat Venue and CCP § 397
An extremely tragic case arose when a UCSD student was killed after walking into freeway traffic in early morning hours. She had been drinking with friends who ordered an Uber for her to go back to her dorm on campus. During the ride, she vomited in the vehicle and was asked if she wanted… Read More »
Medical Malpractice Damage Caps Increasing in California
When you go to the doctor, you expect them to take care of you. But what happens when they don’t? What if they make an egregious error? Are they going to be held responsible, or will you be stuck with this burden? If you get a settlement from a medical malpractice suit, you can… Read More »
Does a No-Fault Accident Go on Your Record in California?
You got into a car accident and perhaps suffered from an injury as well. The thing is that the car accident wasn’t your fault. Now, you’re worried that your insurance rates will go up because you’ve heard about a no-fault accident going on your record in California. By clarifying this policy, you can figure… Read More »
What’s the Difference between a Free Consultation and Free Legal Advice?
Our office receives many inquires every day from prospective clients. Many are severely ill or injured. These clients are often looking for an attorney to tell them what to do. Many are in a state of crisis and certainly need help. They want legal advice and answers now. It’s always difficult to explain to… Read More »
NO SUCH THING AS “ROUTINE SURGERY”
While the meaning of the word “routine” is commonly known, the phrase “routine surgery” is a misnomer and frequently misunderstood by the general public. As any medical malpractice attorney would agree, there is no such thing as a routine surgery. Every surgery involves risks to a patient. Some may be as benign as the… Read More »
Is a School Liable for Injuries which Occur On Campus, After Hours?
This is the question recently taken up by the 4th District Court of Appeal in Achay v. Huntington Beach Union High School Dist. (June 28, 2022, No. G060053) ___Cal.App.5th___ [2022 Cal. App. LEXIS 571. Plaintiff C. Achay was a student on a high school track team, which usually practiced after school until 5:30 p.m. On… Read More »
Expert Testimony – Proving Causation in a Medical Malpractice Case
The plaintiff must usually rely on expert medical testimony to prove the element of causation in a medical malpractice case unless the issue is clear to even a lay person, e.g., the physicians accidentally amputated the wrong foot, or a pair of surgical scissors is left in the abdomen after an operation. Because of… Read More »
VERY IMPORTANT THINGS TO KNOW ABOUT YOUR WORKERS’ COMPENSATION CASE (PART 1 )
1) THERE ARE THREE (3) MAIN BENEFITS FOR INJURED WORKERS. a) Temporary Disability – This is a monetary benefit that can be paid as Temporary Partial Disability or Temporary Total Disability. The most commonly paid benefit is Temporary Total Disability (TTD). This is a bi-weekly benefit paid to the injured worker – typically paid… Read More »
Workers’ Compensation Law and the Exclusive Remedy Rule: the Five Exceptions
While the workers’ compensation system provides medical care and disability benefits, injured workers do not get monetary compensation for pain and suffering. Nor does workers’ compensation provide damages for past or future wage loss, loss of earning capacity, or loss of consortium for the spouse of the injured worker. These are significant items of… Read More »
