Hogan Injury > Articles by: Patrick Hogan

School’s Liability on Sports-Related Injuries

By | March 8th, 2013

QUESTION: Does the school pay if my son got hurt during practice? The coach had my son on the back of another student while running across the field. The student tripped and my son fell off, breaking his collarbone. ANSWER: A person participating in an activity that has inherent risks (such as sports activities) has an assumption of the risks involved. This assumption of risk could either be “primary” or “secondary.” The primary assumption of risk is a complete defense wherein the defendant may not be held liable for the.

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Child Sustained Injuries While Playing: Can I Sue the School?

By | March 8th, 2013

QUESTION: Can I sue the school if my underage child was in a sport without my consent? My child was seriously injured while playing touch football, and there was no coach or any staff supervising the children’s recreational activities. ANSWER: The Education Code of California imposes a duty on schools to supervise students while in the premises or performing school-sponsored activities  (Ed.C. § 44807). But a school district’s duty to supervise students under Ed.C. § 44807 does not replace the assumption of the risk as applied to organized extracurricular sports,.

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Suing Burger King for Serving Sandwich with a Piece of Glass

By | March 8th, 2013

QUESTION: Can I hold Burger King responsible for serving a sandwich with a piece of glass in it? ANSWER: It is the duty of manufacturers and other product liability defendants to provide a defect-free product to the consumers. In the case of food products, any substance that is foreign to the food (i.e. not part of the natural process of making the food such as a piece of glass or wire) is considered as a “defect” due to the consumer’s expectations that such materials would be incorporated in the product.

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Drunk and Injured: Do I Have a Case Against the Bar?

By | March 8th, 2013

QUESTION: I was drunk in a bar and I fell, injuring myself. Do I have a case against the bar? They should have cut me off for having too much to drink but didn’t. ANSWER: Personal injury suits against alcohol providers are usually based on a negligence theory. The alcohol provider’s damages exposure is severely restricted by express statutory immunity from civil liability for any injury caused by the alcohol consumer. The immunity protects both “social host” providers and those in the business of selling alcoholic beverages [CC § 1714(b)].

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I got into an accident and the other driver accepted responsibility. However, the insurance company is procrastinating and is not responding promptly to the medical portion of the issue. What can I do if the insurance is uncooperative?

By | March 8th, 2013

Most bodily injury claims are settled before a lawsuit is filed, and initial settlement discussions will be with an insurance claims representative. But when injuries are costly enough and the torfeasor’s insurer becomes uncooperative, it is best to employ the services of a competent personal injury lawyer to represent the claimant.

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The Lawyer’s Duty to Keep Their Clients Informed

By | March 8th, 2013

QUESTION: I retained an attorney to represent me after a slip and fall at a commercial property. However, I have not heard from my attorney if the lawsuit has been filed. Is my lawyer obliged to provide me with such information regarding the progress of my case? ANSWER: As clearly stated in the California Rules of Professional Conduct, attorneys have a duty to communicate with their clients and keep their clients “reasonably informed about significant developments relating to the employment or representation” (CRPC 3–500). Properly performing the job for which.

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Duration of a Personal Injury Case

By | March 8th, 2013

QUESTION: If a lawsuit for personal injury has been filed, how long does it stay active? ANSWER: In personal injury cases, the two-year statute of limitations tolls after the filing of the suit. However, there is a three-year limit for discretionary dismissal for delay [CCP § 583.420(2)] and, with a few exceptions, a five-year limit for the case to be pursued before its mandatory dismissal for failure to prosecute (CCP § 583.310).

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School’s Liability on Letting the Kids Play on Ice-Covered Grounds

By | March 8th, 2013

QUESTION: My son was hurt in school while playing dodgeball with his friends during recess. It was a cold day and the grounds were covered in ice, but they still let the kids play outside. Is the school liable for negligence? ANSWER: Generally, public schools may be held liable for any injury to a student caused by negligent act or omission by its employees (Gov. C. § 815.2). The same may apply to private schools. There is a special relationship between a school district (or its employees) and students, so.

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Filing a PI Case Due to Poorly Marked Step-down

By | March 8th, 2013

QUESTION: I fell in a restaurant because of a poorly marked step-down. Is there a time limitation for pursuing the damages for the injuries? What are the steps I should take? ANSWER: Generally, there is a two-year time limitation for filing a suit for personal injury or negligence (CCP § 335.1). It is very important to take note of this because one may not be able to recover once the 2-year limit has passed. At the soonest time possible, the victim should do his/her best to preserve evidences related to.

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Prisoner-Inflicted Injuries: Should the County Jail Be Held Liable?

By | March 8th, 2013

QUESTION: Can one file a personal injury suit against a county jail if, for example, a detainee was exposed to a person who had a prior history of trying to kill an inmate and then after 60 days stabbed another? ANSWER: With a few exceptions, public entities are immune from liability for injuries caused by any prisoner to another prisoner while an inmate of a “prison, jail or penal or correctional facility” [Gov.C. § 844.6(a)].  This also applies to claims that derive from any injury to a prisoner—i.e., public entities.

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