Articles Posted in Slip and Fall Accidents

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If you are injured by an actor that is owned by a city, county, state, or even federal government, it is VERY important to know that there are special rules that you must follow in order to properly pursue your claim against a government entity. In this article, we discuss the basics of what you need to know if you are injured by a government entity.

Every state has their own time limits for bringing a lawsuit against those who may be responsible for injuries to another. These time limits are known as the “statute of limitations”. Typically, California has a two (2) year statute of limitations during which to file an injury claims agains a private party, such as a negligent driver or an insurance company. If the party you deem to be responsible is a government entity, however, there are different time limits and procedures that you must be aware of. These rules, known as the California Tort Claims Act (CTCA) have been codified, and can be found by clicking on this link to California Government Code. Continue reading →

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In this article, we explain the current law in California, including Los Angeles, regarding injury to a child and premises liability, and discuss what you need to know if your child is injured on someone else’s property.

For many years, the law in California regarding the liability of a landowner for an injury to a child on his or her property was based on the theory of “attractive nuisance.” The attractive nuisance doctrine was part of the larger legal picture regarding injuries to people that occurred on the property owned by another, called “premises liability.”

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During the course of 30+ years practicing personal injury law in Los Angeles, I have been asked by many clients whether it is a good idea to submit to an MRI as a part of their personal injury claim.

In this article, I discuss the pros and cons of having an MRI as part of your treatment plan in pursuing a claim for an injury, and whether it can increase the value of your claim.

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In this article, we explain the medical nature of what typically happens after an accident, and discuss why it is important to seek and follow up on your treatment after an injury.

When it comes to a bodily injury, whether it be from an automobile collision, slip-and-fall, dog bite, or any other type of accident, it is very important that you seek immediate medical treatment and follow up on all of your doctor appointments. There are two major reasons for this. First, it is important to your physical health that you get the appropriate medical treatment so your injury heals or at least improves. Second, it is important to your personal injury claim that you seek and maintain treatment in order to legitimize your case against the defendant and/or their insurance company.

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SOCIAL MEDIA AND PERSONAL INJURY CASES

If you have been injured as the result of another’s negligence and are pursuing a personal injury claim, you have probably been made aware that the defendant’s insurance company will do everything they can to disprove your injuries and your claim. One of the most common ways that defendants and their insurance companies are doing this nowadays is by simply looking to social media sites. Many plaintiffs do not realize that the pictures, posts, and check-ins that they put on social media websites can give the insurance companies and their lawyers enough ammunition to disprove or significantly reduce compensation for your injuries.

WHAT INSURANCE COMPANIES ARE LOOKING FOR

When insurance companies are defending against your claim, they are essentially looking for any evidence that suggests your injuries are not real or that they are much less severe than you are claiming. If the insurance company is able to prove this, they will be able to get away with denying your claim or offering a settlement for much less than you are seeking or deserve. Insurance companies have investigators who are well-trained and efficient when it comes to gaining access to information posted on social media. They will go through your social media accounts and look for incriminating evidence that can be used to prove that your injuries are not as serious as you claim they are. This is all legal, and these posts and pictures are admissible as evidence because courts have held that there is no “reasonable expectation of privacy” on social media, regardless of the personal privacy settings on your account. In fact, courts have even ordered plaintiffs to hand over their social media username and passwords to defense counsel!

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In this article we discuss California’s “Collateral Source” Rule, and how the 2011 case of Howell v. Hamilton Meats and Provisions, Inc. affects this rule in regard to personal injury settlements.

The collateral source rule essentially prohibits the admission of evidence that the plaintiff or victim has received compensation from some source other than the damages sought against the defendant. In other words, under this rule, whether a plaintiff can recover damages from a source other than those sought against the defendant is irrelevant.

However, in the 2011 opinion issued by the California Supreme Court in Howell v. Hamilton Meats and Provisions, Inc., the rule was changed in that an injured plaintiff whose medical expenses are paid through private insurance may recover as economic damages no more than the amounts paid by the plaintiff or his or her insurer for the medical services received or still owing at the time of trial.

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Many thousands of people are injured each year in situations where they slip or trip and fall. Wet floors, defective stairs and rough or uneven patches of ground are just a few of the conditions that lead to these injuries, some of them very serious.

If you or someone you know is injured as the result of slipping or tripping and falling on someone else’s property, it is important to consider that the property owner is not automatically responsible. There are several factors that must be examined in order to determine whether a property owner is responsible for an injury resulting from a slip or trip and fall on their property.

In order for the property owner to be legally responsible for the injury, one of the following must be provable:

  • Either the owner or their employee must have caused the condition that led to the slip or trip and fall. (Examples include a spill, a worn or torn spot on the ground, or other dangerous surface underfoot.)
  • The owner or their employee knew about the dangerous condition but failed to do anything about it; in short, he had notice of the dangerous condition.
  • The owner or their agent should have known about the dangerous condition because a reasonable person taking care of the property as would be expected of them would have discovered and fixed the dangerous condition.

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