QUESTION: I was getting out of the car in the parking spot in a main street. I made sure that no cars were in motion at that moment, so barely opening the door, a guy who was speaking on the phone smashed my car. The police officer was not even there but he claimed that it was my fault. He did not allow me to talk, instead he just said that I could get a ticket. He went on and listened to the other guy’s version and did not include.
QUESTION: My cousin was struck by a car in a shopping mall parking lot in California. He is legally blind (almost no sight) and was carrying his white cane. The parking lot is usually busy with lots of people walking to and from their cars and crossing to the stores from the street. At about noon on a clear day, he was crossing the parking lot to the sidewalk when a driver backed out of a parking space. It appears from the diagram in the police report that he was.
QUESTION: I met an accident at a tennis court which is a city-owned property. One week ago I fell against a fence which gave way and exposed a gopher hole. I stepped in and fell which broke my femur. ANSWER: The California Government Act abolishes all public entity common law tort liability. State public entities may be liable for personal injury and wrongful death only if a statute expressly so authorizes. Although several sections of the Act provide for government entity liability under specified conditions, many sections also grant public.
QUESTION: While eating a fish taco at a local restaurant, I bit into a rusty screw in that taco. It crushed a crown on an upper tooth that now has to be removed and replaced. I have been in discomfort and my dentist feels there is possibility of future infection due to potential damage to the tooth’s root. Should I pursue legal action? ANSWER: Providers of contaminated or “adulterated” food may be liable on product liability and breach of warranty theories if the injury-causing substance is foreign to the food.
QUESTION: I fell in Albertson’s Grocery store, Santa Ana due to water on the floor last March. I had a back surgery last week. How long shall it take for a settlement proceeding in a slip and fall case? ANSWER: As a general rule, the burden of proving negligence liability in slip and fall cases rests on the plaintiff. No inference of negligence can arise simply upon proof of a fall on the defendant’s floor. This is so even when the fall is associated with a slippery object, “because objects.
QUESTION: I am owed 250,000 from my personal injury lawsuit that occurred when I was a minor (15 years old) in LA county, CA. My mother, who is an attorney, represented me in the case and has lied about the money for years. I didn’t find out that it was mine until 26 years old. I am now 31 years old and need to get it from her. I have the case number, a letter from my mother saying she owes me 250,000, and I need to know the next.
QUESTION: I have a Workers Compensation case open and it is going on 2 years in December. I’ve had many tests done and my last resort is surgery. The accident was from a fall over some boxes on the floor at work. Can I file a personal injury claim? ANSWER: Ordinarily, an employee’s rights against his or her employer for on-the-job injuries lie solely under the workers’ compensation law—i.e., when the “conditions of compensation” are present (Lab.C. § 3600), the employer is immune from civil damages liability because workers’ compensation.
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.
QUESTION: My son got punched in the face by another scout on a boy scout camping trip. The kid who punched him was 16. The only thing is that I signed a waiver of liability of Boy Scouts, so what can I do legally? Oh and the boy scout leadership did not take any disciplinary action with him. I have a picture to prove it along with 3 witnesses. ANSWER: Clearly, the person who sustained personal injury as a proximate result of the wrongful act of another can recover compensatory.
QUESTION: I had two seizures, work there. I went to the hospital but did not tell anyone. Can I sue for stress? ANSWER: Ordinarily, the most “valuable” element of a bodily injury claim is the right to compensation for all “pain and suffering” plaintiff has sustained, and will endure, as a proximate result of the injury. These are plaintiff’s “general damages,” and may run far in excess of the “special damages” (e.g., earnings loss and medical expenses). Pain and suffering” is a unitary concept, encompassing all the physical discomfort and.
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