Hogan Injury > Blog

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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Injury from Foreign Substance in Food: Can I Make a Claim?

By | March 8th, 2013

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.

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Statute of Limitations for Personal Injury Claims

By | March 8th, 2013

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.

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Establishment’s Liability to Injuries Inflicted by a Guest

By | March 8th, 2013

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.

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Case Against McDonald’s for Injuries from Adulterated Food

By | March 8th, 2013

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,.

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Waiting Time Before Filing a Personal Injury Case

By | March 8th, 2013

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.

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Suing a Company That Has Been Sold: Is it Possible?

By | March 8th, 2013

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.

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Assaulted by a Guest: Should the Establishment Be Held Liable?

By | March 8th, 2013

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.

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