QUESTION: Can I sue for personal injury if I broke my teeth from biting on a metal rod inside a deli sandwich? ANSWER: If there are injury-causing substances that are foreign or not normally found in a food product (such as a piece of glass or wire), the provider of such food may be held liable on product liability and breach of warranty theories.
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.
QUESTION: If I was assaulted and injured by another customer while in a bar, can I sue the establishment? Do I have the right to be protected by them from the attack? ANSWER: If a person suffers because of an establishment’s failure to act affirmatively to protect the customer, the injured party may be able to recover compensation for damages [CC § 3281].One of the essential elements of a negligence cause of action is breach of a legal duty to act reasonably under the circumstances.
QUESTION: What can I do if I bit on a bone inside a McNuggets from McDonald’s? It was huge and looked like a half of a chicken wing bone. ANSWER: Providers of contaminated (“adulterated”) food may be liable on product liability and breach of warranty theories if the injury-causing substance is foreign to the food (e.g., bits of glass or wire). However, a substance that is natural to the preparation of a food item (e.g. chicken bone) is by its very nature reasonably expected and, as a matter of law,.
QUESTION: I have a case for personal injury against a person who hurt my minor son, and I am waiting for the other party to respond to my offers to settle. But it is taking so long. How long should I wait for them before I file a lawsuit? ANSWER: Normally, when it comes to personal injury cases, it is advisable to pursue settlement before a lawsuit is filed. However, if there is no settlement reached and when the statute of limitations is about to run, a complaint should be.
QUESTION: I am suing a company but it has been sold to another. Will I still be able to recover anything? How? ANSWER: There is a satisfaction of judgment dilemma when the suit is against a corporation that has been dissolved or sold. Under various circumstances, a corporation’s (or other business entity’s) liabilities may be imposed on its successors after the corporation has dissolved.
QUESTION: If I am in a business establishment or place, like a gas station, and a person who is not an employee of that business attacked me, Is it possible to hold the establishment liable for my injuries? ANSWER: Generally, one who has not created a peril has no duty to affirmatively act so as to prevent harm to third persons. However, the law does impose a legal duty to affirmatively act (to protect someone else from danger or to control the conduct of a third person) if there is.
QUESTION: My son was stabbed while he was in prison. Can I sue them? ANSWER: Under California law, an incarcerated inmate must exhaust all administrative remedies before suing the state in a civil action based on conditions arising from his or her confinement.
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.
QUESTION: My wife stepped into a pothole in the parking lot after shopping in a local store. Several witnesses or regulars said they had warned the store about the pothole but they have not repaired it. Can we hold the “chain” responsible for not repairing the parking lot? ANSWER: Property owners and managers are required to keep their property and premises free of dangerous conditions to prevent possible harm to customers, tenants and other users. Owners and managers of such premises may be liable for negligence under a premises liability.
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