By | April 7th, 2018

Q: I slipped off a broken uneven step outside the local post office and was immediately paralyzed with pain from a dislocated shoulder. After I slipped, an employee went out and salted the step, looked at me, and said I should get to the hospital. I was taken to the emergency where they took X-rays, and my arm was on a sling for 3 weeks. I have my wife and another person as witnesses to this incident. What are the steps I should take so that I could claim damages.

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By | March 27th, 2018

As a parent, you get to experience the joys of parenthood. Raising a child can present a few challenges, but the rewards far outweigh the effort and sacrifice, especially when you see your child grow up to be healthy and happy. Having a child in your household can bring a lot of fun and laughter to your life as well; their endless questions, easy laugh, bright smile, and their unconditional trust and love makes all the sleepless nights and other sacrifices all worth it. Young children are also.

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By | March 14th, 2018

Owning a real estate property comes with a lot of responsibilities. Aside from having to pay for real estate taxes to the government, a property owner also needs to pay for the upkeep and maintenance of their real estate property to avoid accidents that may lead to a personal injury claims against the owner. Commercial properties like grocery stores and others that customers visit frequently should be more aware of the consequences of a poorly maintained property. It can be very advantageous to you if you own a.

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By | February 6th, 2018

Suffering from a workplace accident can be detrimental to person’s financial stability. Depending on the severity of the injury sustained during the accident, it can take weeks or even months before a person can go back to work or find another job to be able to provide for themselves and their family. It is the responsibility of your employer to have workers’ compensation insurance in case of any injury sustained inside the workplace or while doing your job for your employer, however, as an employee it is also.

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By | January 11th, 2018

Land owners, business owners, homeowners, and landlords are expected to keep their property free of physical hazards that endanger people who are allowed access because they were invited for business, commercial, or social purposes. This also includes many areas through which the public passes such as public sidewalks. In addition, land owners can be held liable for injury suffered on their property by anyone, including trespassers. Reasonable efforts should be made to correct dangerous conditions or warn others of the danger with a sign. Premises liability examples that can lead.

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By | November 12th, 2013

A hospital’s professional duty is “primarily to provide a safe environment within which diagnosis, treatment, and recovery can be carried out. Thus if an unsafe condition of the hospital’s premises causes injury to a patient, as a result of the hospital’s negligence, there is a breach of the hospital’s duty qua hospital.” [Murillo v. Good Samaritan Hosp. of Anaheim (1979) 99 CA3d 50, 56–57, 160 CR 33, 37]. In one case, it was held that an unattended patient injured in fall from x-ray table stated “professional negligence” claim subject to.

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By | October 23rd, 2013

Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition. They are liable for an independent contractor’s negligence in performing that job “irrespective of whether the contractor’s negligence lies in his incompetence, carelessness, inattention or delay.” [Brown v. George Pepperdine Found. (1943) 23 C2d 256, 259–260, 143 P2d 929, 930]. Mass-producers of residential homes and lessors in the business of renting residential units are exposed to strict liability for defects in an integral part of the.

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By | October 23rd, 2013

A personal injury case based on negligence may be filed. Ordinarily, the burden of proving negligence rests on the plaintiff. However, a presumption of negligence on the part of the defendant may exist, called the doctrine of res ipsa loquitor, provided that the following requisites are present: That the accident is of a kind which ordinarily does not occur in the absence of someone’s negligence; that the accident was caused by an agency or instrumentality within the defendant’s (or defendants’) exclusive control; and ; that the accident was not due.

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By | October 3rd, 2013

A gym owner/operator owes its members a duty to maintain the equipment in safe working ordertriable factual issuewhether user’s fall caused by sticky substance on treadmill was due to gym’s. negligence in not inspecting equipment; Rostai v. Neste Enterprises (2006)138 CA4th 326, 337, 41 CR3d 411, 419, fn. 3]. But there is no duty to monitor a member’s physical response during a fitness training session to prevent inherent risks, such as muscle injury or even a heart attack. [Rostaiv. Neste Enterprises, supra, 138 CA4th at 336–337, 41 CR3d at 418–419]..

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By | September 10th, 2013

A case may be opened provided that negligence on the part of the store is established. Where a negligence action is predicated on defendant’s violation of a statute, ordinance or public entity safety regulation, plaintiffs may be entitled to the benefit of the “negligence per se” doctrine in establishing their prima facie case. This doctrine presumes defendant’s duty and breach (failure to exercise due care); and the only issue left for plaintiff to prove is whether the violation proximately caused the injury or death. [Ev.C.§ 669; Satterlee v. Orange Glenn.

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