QUESTION: I was booked for unpaid ticket class C. While booking, I asked the jailer if he spoke English, then he grabbed me by the back of my neck and threw me onto the wall. I injured my neck and they refused to allow me to speak with an officer in charge, and they also denied giving me medical treatment. I am still in pain from the injury. Do I have the right to sue the county jail? ANSWER: Generally, public entities are immune from liabilities for injuries to or.
QUESTION: What is the statute of limitations for a personal injury case? ANSWER: According to the California Code of Civil Procedure, the statute of limitations for most personal injury claims is two (2) years. The two-year time limit applies to cases of “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” (CCP § 335.1).
QUESTION: When surveilling, can the investigator take a video of you or note what you do inside your own or a friend’s house? Do I need to keep the shades closed if I want privacy? Is there any place that is off limits? ANSWER: Generally, discovery may be obtained on any NONPRIVILEGED information “that is relevant to the subject matter involved … ” The information requested need not meet the relevancy test for admissibility at trial. It is discoverable if it either would be admissible evidence OR “appears reasonably calculated.
QUESTION: My son was shot and killed while at a convenience store. Is the store liable for not calling for help even though there were cameras on the site? Do I have a case? ANSWER: In a wrongful death lawsuit, the death of the individual must be caused by the negligence or tortious act of another. For cases of death due to the crime committed by third parties, those who have a special relationship with the victim may be liable under certain circumstances.
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.
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,.
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.
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)].
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.
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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