Hogan Injury > Articles by: Patrick Hogan

Liability of a Vehicle Owner Involved in an Accident

By | March 7th, 2013

QUESTION: A person borrowed my husband’s bike, and this person said he thinks he was hit by a car but couldn’t remember. Can my husband be sued by a person hurt by the person who only borrowed his bike? What can we do to protect ourselves? ANSWER: Generally, the owner of a motor vehicle is vicariously liable for death or injury to person or property resulting from wrongful (negligent or intentional) operation of the vehicle by any person using it with the owner’s express or implied permission [Veh.C. § 17150]..

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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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How Wrongful Acts of Employees Affect Employers

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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Negotiating for a Settlement

By | March 7th, 2013

QUESTION: I was in a car accident in August 2011 while I was in the military, and the other person is suing me for a lot of money that I don’t have. It will more than likely make me bankrupt and lose my house. I have insurance which should have covered $50,000 in medical expenses. What are my options? ANSWER: The great majority of personal injury claims are settled short of trial. However, some claimants in personal injury cases will file a lawsuit first before any talks about negotiation for.

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Dog Bite Liabilities and Possible Recovery for Damages

By | March 7th, 2013

QUESTION: I was jogging when I was attacked and bitten by a pitbull. I had bites on my hands and legs, but not very serious injuries. However, I am now very terrified of going out to jog after the attack. The owner gave up the ownership of the dog. Can I still hold him responsible? ANSWER: The laws of the state of California state that generally, the owner of the dog is responsible for the damages or injury that his/her pet might cause if the attack happens in a public.

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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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Wrongful Death Claims and the Proper Steps to Take

By | March 7th, 2013

QUESTION: My father died from a leak in his colon, causing him to have heart failure. Two days before his death, his physical therapists came to his room and picked him up under his arms and transferred him to a chair, putting all his weight on the lower part of his body. I have been very ill even if it has been more than a year since my father’s death. What circumstances allow for a wrongful death suit? ANSWER: For a wrongful death cause of action, there must be a.

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Preserving the Integrity of the Claim

By | March 7th, 2013

QUESTION: I slipped off a broken uneven step outside the local post office and was immediately paralyzed with pain from a dislocated shoulder. After I slipped, an employee went out and salted the step, looked at me, and said I should get to the hospital. I was taken to the emergency where they took X-rays, and my arm was on a sling for 3 weeks. I have my wife and another person as witnesses to this incident. What are the steps I should take so that I could claim damages.

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Civil Liabilities For Those Who Provide Alcohol

By | March 6th, 2013

QUESTION: I went to a bar and they over-served me with alcohol. If I got into a car accident after I leave the bar, is the establishment responsible for the personal injury caused? ANSWER: Those who supply alcoholic beverages to a person may be liable for injuries sustained by that person or by third persons as a proximate result of the alcohol consumption. Liability is predicated on the general principle that persons are responsible for injuries legally caused by their willful or negligent acts [(CC § 1714(a)].

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