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Who Qualifies for a Wrongful Death Claim?

By | March 7th, 2013

QUESTION: My father died in a horrific accident in February 2013. We were all devastated, and his partner of 40 years is trying to sue for wrongful death or compensation because he was her provider, but they were never married. Is she legally allowed to do this? Can a non-family sue for wrongful death? We also want to know if we have a wrongful death case as his surviving children. ANSWER: The California Code of Civil Procedure provides for certain heirs to file for a wrongful death action on their.

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Compensation for Damages Sustained on Your Landlord’s Property

By | March 7th, 2013

QUESTION: How can I get my landlord to help pay for the medical bills? ANSWER: Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714]. Generally, a person who has suffered injury through the fault of another (e.g. negligence by landlord) is entitled to “be made whole”—i.e., to be restored insofar as is possible to his or her preinjury condition through a “compensatory” damages award [CC § 3281].

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Special Relationships & Liabilities of School District and Its Students

By | March 7th, 2013

QUESTION: Is the school liable for my son’s injury during a wrestling practice at his school? My son’s opponent made an illegal move (pile drive), and sent my son head first to the floor. My son sustained a spinal injury and he has not been the same since. ANSWER: There is a special relationship between a school district or its employees and students that imposes an affirmative duty on the district/employees to take reasonable steps to protect students from reasonably foreseeable risks of harm [C.A. v. William S. Hart Union.

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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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