By | October 23rd, 2013

QUESTION: I fell at my rental on Dec. 21, 2011 and broke a bone under my eye, had to have surgery .The owner said she wasn’t responsible, although we were all told management wouldn’t change light bulbs, etc – we all had to do our own changing light bulbs, gardening, etc. I went out to change the outside light bulb and was carrying a huge ladder. The ladder legs got caught in the landscaping around the pretty stones at my unit and I fell face first on the cement. I.

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By | September 10th, 2013

QUESTION: I was at the vons store and my 6wk baby needed a diaper change. I went to the restroom and they didn’t have a diaper changer. So, I put the baby on the floor and I was on my knees for 15 minutes while changing her clothes and pampers. Now my knees and back hurts. Can we open a case or not. ANSWER: 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.

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By | September 5th, 2013

QUESTION: I was inside a nightclub in the casino and they did not do a search to see if anyone was carrying a weapon. I was stabbed. I was wondering if I have a case. ANSWER: Businesses, such as shopping centers, restaurants and bars, have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control (e.g., parking lots), against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill, supra, 36 C4th at 235, 30 CR3d at.

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By | March 7th, 2013

QUESTION: I was injured by a store associate. Can I sue the store company? ANSWER: An employer may be liable for an employee’s (or “ostensible employee’s”) tortious acts committed within the scope of the employment. This is under the doctrine of respondent superior  which imposes vicarious (or derivative liability) upon the employer—i.e., it imputes the employee’s fault to the employer and thus makes the employer responsible in damages just as if he or she personally committed the tortious act.

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By | March 7th, 2013

QUESTION: How can I get my landlord to help pay for the medical bills? ANSWER: Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714]. Generally, a person who has suffered injury through the fault of another (e.g. negligence by landlord) is entitled to “be made whole”—i.e., to be restored insofar as is possible to his or her preinjury condition through a “compensatory” damages award [CC § 3281].

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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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By | March 7th, 2013

QUESTION: After spilling a drink, my son was taken to the back steps used for staff and delivery and was given a “shove” down the stairs as he was being escorted by the bouncers out of the bar. His friends were at the exit waiting for him and didn’t see the push or the fall. Is the bar responsible for damages and the cost of my son’s treatment for the injuries caused by the bouncers? ANSWER: Under the doctrine of “respondeat superior,” an employer may be liable for an employee’s.

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