Hogan Injury > Blog > Personal Injury

Children Bullied at School With No Help From School Authorities

By | September 5th, 2013

QUESTION: Both my girls are getting bullied at school. I have spoken with the school, but to no avail. What are my options? ANSWER: There is a special relationship between a school district (or its employees) and students, so as to impose 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 High School Dist. (2012) 53 C4th 861, 869–870, 877, 138 CR3d 1, 7–8, 13–14; M.W. v. Panama Buena Vista Union School Dist. (2003).

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Dog Sustained Injuries Due to a Person’s Negligence

By | September 5th, 2013

QUESTION: My good friend was taking a cruise and asked if her daughter could stay the week. I have known them for years. She babysits occasionally without any problem. She babysat for me on a Saturday night for 2 hours. We have a dog, a 4-month old yellow lab puppy. I put her in a crate during the night for her safety so that she could not chew on things as puppies do. I’ve instructed my friend’s daughter to do the same, to keep her in the crate. She took.

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Incorrect Drug Prescription Leading to Cancer Risks

By | September 5th, 2013

QUESTION: My mother-in-law was diagnosed with stage 4 gastric cancer in July 2012 and she is currently under treatment. She had been taking the drug azathioprine for Crohn’s disease. Immediately upon diagnosis she was ordered to stop azathioprine. After doing some research, we found that azathioprine is a known carcinogen and increases risks of cancer. What kind of attorney do we need? What information are necessary for us to pursue a case against a prescription drug company? ANSWER: You need a lawyer specializing in personal injury cases. Many personal injury.

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What to Do When You Were Medically Maltreated

By | September 5th, 2013

QUESTION: Back in March 23, 2011 my husband was left in a hospital room for 6 hours unattended and was discharged without being seen, and yesterday, March 17, 2013 I was taken to the emergency room was given the wrong meds that I’m allergic to and wrongfully treated. It was stated in my file that I’m allergic to codeine narcotics and still they gave me the meds. No one helped me and I was given 5 shots and 3 pills by mouth. No one explained anything to me and they.

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Adulterated Food-Induced Injury: What Claim to Take?

By | September 5th, 2013

QUESTION: My boyfriend just bought a sub from the deli at El Ray Grocery store. I took a bite out of it and something split my lip open. It bled for almost 5 minutes! Can I sue them for this? When I called them, they said “Yeah, something could’ve fallen into the bread. Come in for an incident report and bring the sub for a refund.” Can I sue El Ray Gorcery? ANSWER: Providers of contaminated (“adulterated”) food may be liable on product liability and breach of warranty theories if.

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Medication that Caused Further Injuries to Mom

By | September 5th, 2013

QUESTION: My mother has been prescribed meds which seem to be doing a lot of damage to her: osteoporosis, a broken hip, cataracts, swollen legs, etc. The drug is Prednisone, and the doctor has her on it for 3 years. Her health has declined and she is almost housebound. ANSWER: Doctors, dentists, and other medical professionals, although they may use a drug or medical device that causes injury, are not in the business of selling or dispensing products. The “essence” of their activity is the provision of services. Therefore, medical.

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Malicious Charges that Led to False Arrest and Imprisonment

By | August 11th, 2013

QUESTION: I am looking to bring a civil action lawsuit against 2 people who filed three charges against me, leading to my false arrest and imprisonment. The charges were recently dismissed in my favor. I have evidence that the woman said that she filed false charges against me, and gave conflicting reports to the police and the prosecutor. In addition to that, her husband who was also a plaintiff didn’t show up at all during trial or hearing. What is the statute of limitations for filing a malicious prosecution lawsuit?.

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Slip and Fall: Who is At Fault?

By | August 11th, 2013

QUESTION: I slipped while going down the stairs in my cousin’s apartment complex. The stairs were broken and the railing was hanging. I received a treatment from the ER for a sprained ankle, and had to go to therapy after. Who is at fault for the poorly maintained property? 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(a)].  If it is proven that the said landowner or possessor is liable, the.

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Medicine Intoxication Resulted to Injuries and Eventual Death

By | July 29th, 2013

QUESTION: My mom was 86. Back in 2010 she was prescribed 10mg of amitriptyline for arthritis pain. In 2011 the refilled same drug at 100mg. The following morning after she took her pain pill, my mom was over intoxicated from the med. Since then, her health went down entirely, which caused her to move out here with me in Modesto. A lot of other medical complications followed since that incident. She was admitted to the hospital after having chest pains and lots of fluid in her body. They had her.

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Damages Out of Collision Between Two Running Children

By | July 24th, 2013

QUESTION: My son was running in school and there was another child running to her classroom. They collided with each other and the child fell and broke her glasses. I would like to know if I am responsible for the child’s glasses since it was an accident. ANSWER: “Causation” is an essential element of a tort action. Defendants are not liable unless their conduct (i.e., act or omission constituting a breach of duty to plaintiff) was a “legal cause” of plaintiff’s injury. [Saelzler v.Advanced Group 400 (2001) 25 C4th 763,.

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