Tag Archives: liability
Expert Fees May Be Recoverable Even if Multiple 998 Offers Served
Section 998 of the Code of Civil Procedure was enacted to encourage the settlement of lawsuits prior to trial. The statute accomplishes this purpose by providing for augmentation and withholding of the costs recoverable at trial when a party fails to achieve a result better than it could have obtained by accepting an offer… Read More »
Distracted driving leads to…distracted flying?
Many people have a fear of flying: up to 40% have “some degree of anxiety about flying,” according to aviation psychologist and organizer of the international fear-of-flying conference Dr. Lucas van Gerwen. Nonetheless, most are reassured by the fact that plane crashes are rare and that flying is statistically safer than driving. However, recent… Read More »
What to look for when buying car insurance
You don’t want to wait until you are in a car accident to think about insurance. Car insurance is required by law, but what kind of insurance do you need? We’ve provided some general guidelines offered from the Wall Street Journal that you should use when buying insurance or thinking of updating your policy…. Read More »
Increase in Motorcycle Accidents in California
Recently, the California Highway Patrol released a report showing that motorcycle accidents increased by 20 percent from 2010 to 2011. The Hartford Sentinel reports that hundreds of motorcyclists die each year and thousands more are hurt. The California Highway Patrol is asking for the public’s assistance to reduce these numbers. Officials have encouraged motorcyclists… Read More »
Primary Assumption of the Risk in “Sports” Cases
Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the primary assumption of risk doctrine applies to those whom participate in sports. The Knight case involved a group of friends playing touch football during half time of the 1987 Super Bowl. While jumping up… Read More »
SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB – PART 3
5. IF CONTACTED BY INSURANCE COMPANY – If you are contacted by the insurance carrier (or their investigator) regarding a “statement” that they want to obtain from you – if you are represented, contact your attorney immediately. If you are not represented let the person know that you will be more than willing to… Read More »
What is the Value of an Injured Pet?
In what seems to be a trend of new cases expanding the rights of pet owners, the Court of Appeal for the Second District recently ruled that the usual standard of recovery for a dead or injured pet (market value) is inadequate when applied to injured pets. The recent case, Martinez v. Robledo, (2012)… Read More »
Five Things To Do After an Accident
Should you have the misfortune of being involved in an auto accident, it is important that you gather information and undertake a few responsibilities. These are the most important steps to take following a collision. Click here for a useful form that you can keep in your vehicle. This form will help you gather… Read More »
IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?
An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury. If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing… Read More »
NOT IN MY CAR: WHY THE REPAIR SHOP WILL BE LIABLE FOR A JOY RIDE
A coffee-run to my local Starbucks (Brockton and Arlington) prompted my last article about the liability of an automotive repair or service shop for damage to a vehicle left in its care. Since posting my last article, I am happy to report that I have not seen any other mechanics using customer’s cars to… Read More »
