Tag Archives: premise liability
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 »
SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB
1. REPORT THE INJURY – If you are injured on the job report your injury. Ask your employer or a DWC1 (claim form). Fill it our and request a copy for your own records. If you work for a small company and you are uncertain if they are insured for work-related injuries or how… 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 »
NOT IN MY CAR: Why the Test Drive Should be Limited to Testing
One recent morning while leaving my local Starbucks drive-thru, I waited while two men wearing mechanic uniforms crossed the parking lot to what I assumed was their vehicle. I thought nothing more of this until, several days later, I saw the same men, again clad in uniforms, only this time walking to a different… Read More »
VIRTUAL PRESENCE NOT SUFFICIENT BASIS FOR LIABILITY
The sender of a text message was granted summary judgment against plaintiffs in a New Jersey personal injury action in which the recipient, while reading that text message, sideswiped the motorcycle driven by the plaintiffs. The plaintiffs, a husband and wife who both lost their left leg in the collision, named both the driver… Read More »
WHEN TO REFORM TORT REFORM
Reform. A positive-sounding word connoting improvement and enhancement, Webster’s defines “reform” as “an amendment of what is defective, vicious, corrupt, or depraved; a removal or correction.” However, you can have too much of a good thing, and unfortunately, tort reform supporters don’t often realize the negative effect their efforts may have upon the lives… Read More »
Injured on the Job? File for State Disability Benefits!
For the majority of the California Workers’ Compensation injury claims there is now a 104 week limit for temporary total disability – compensation payments made to an injured worker while unable to work because of the injury. This benefit is paid based upon two-thirds of an employees’ average weekly wage (up to certain state… Read More »
KNOW YOUR LIMITATIONS
Heiting & Irwin “Statutes of Limitations” are the laws which place a time limit upon the length of time one has to file a lawsuit, whether it be a civil complaint or the prosecution of someone for committing a crime. The time limits vary depending upon the nature of the claim or the crime… Read More »
Injuries to Pets – Accountability for Intentional Harm to Animals
The matter of Kimes v. Grosser deals with a cat owner’s ability to sue for vet bills to keep his cat, Pumkin, alive after being shot by a neighbor. Kimes v. Grosser (2011) 195 Cal. App. 4th 1556. The Plaintiff, Kevin Kimes, adopted a stray cat, who he named Pumkin. While perched on a… Read More »
