Hogan Injury > Blog > claim for personal injury

Food Poisoning: Liabilities

By | July 25th, 2018

Many of us enjoy eating out at our favorite restaurants and trying out new dishes and cuisines. However, an enjoyable activity such as eating out can be spoiled by falling victim to food poisoning, which is accidentally eating food containing bacteria or viruses. The Centers for Disease Control and Prevention estimates 48 million people get sick, 128,000 people get hospitalized, and 3,000 die from food-borne diseases in the United States each year. Bacteria and viruses in food are the main causes of food poisoning. E.coli, salmonella, and listeria.

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Physical Injury in Fitness Centers

By | May 28th, 2018

Fitness in America is a billion dollar industry, with a projection of $87.5 billion in 2018. The fitness industry grew to approximately 200,000 clubs worldwide, serving 162 million members. With the growing number of people who acquire gym and fitness centers membership, also comes the risk of physical injuries among customers – may it be from over-exertion, incorrect form and technique, and faulty equipment, among other causes. Some of the most common injuries range from muscle pain, splints, strain, and sprain to more serious ones such as fractures,.

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The Complexities of Personal Injury and Divorce

By | May 11th, 2018

Personal injury and divorce are two of the most overwhelming and upsetting experiences that could happen to a person. Unfortunately, studies have shown that there is a correlation between these two devastating events. The likelihood of a married couple separating and getting a divorce after one of them gets injured is higher than the national average, especially when the injured individual sustained a Traumatic Brain Injury or TBI. The matter of dividing a couple’s assets during a divorce can be a very complicated process that needs the skills.

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Personal Injury in a Recreational Property

By | June 24th, 2013

QUESTION: My friend’s mother tripped over a curb in Disneyland’s California Adventure. She suffered injuries on her forehead and wrist. It happened at night and the curb was painted the same color as the walkway, making it hard to see especially at night. Do we have a case? ANSWER: A personal injury case may be borne out of the incident causing the injury provided that the same falls under the exception to the general rule of the so-called “recreational use immunity”. Generally, landowners and others with a possessory or non-possessory.

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Statute of Limitations for Personal Injury Claims

By | March 8th, 2013

QUESTION: I was shot in a bar a little over 2 years ago, after an argument with another person. Is it too late to file a personal injury lawsuit? ANSWER: Generally, the statute of limitations for a personal injury claim, such as assault, battery, or injury caused by negligence or wrongful act of another, is two years from the time the cause of action has accrued (CCP § 335.1). Ordinarily, a cause of action “accrues” when, under the substantive law, the wrongful act is committed and the liability arises.

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Business Liabilities of Wrongful Acts

By | March 7th, 2013

QUESTION: Does the landlord have liability for attack under fake security cameras? ANSWER: Businesses have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control, like parking lots, against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill].

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Claims Against Government Entities

By | March 7th, 2013

QUESTION: My fiance was shot three times in a robbery attempt by a guy, and the shooter has been sentenced to 29 years in jail for the crime. My fiance is now permanently paralyzed from the chest down. What are the steps we need to take to bring a case against the state where this crime happened? ANSWER: Generally, no suit for money or damages may be brought against a government entity (or against a government employee acting in the scope of employment) unless and until a timely claim has.

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Damages Claimed Against Those Who Caused the Death

By | March 7th, 2013

QUESTION: Two guys tried to rob my son and shot and killed him in front of his girlfriend and 2-year old son. The shooter was convicted and received a sentence of life and 30+ years. Can I sue the criminals for the loss of my son? ANSWER: Injury to one person might also occasion a compensable loss or detriment to that person’s spouse, registered domestic partner (Fam.C. § 297) or other close relatives witness injury inflicted upon someone with whom they have a close family relationship may have a right.

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