Hogan Injury > Blog > personal injury claim

Stabbed in a Casino Nightclub

By | September 5th, 2013

QUESTION: I was inside a nightclub in the casino and they did not do a search to see if anyone was carrying a weapon. I was stabbed. I was wondering if I have a case. ANSWER: Businesses, such as shopping centers, restaurants and bars, have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control (e.g., parking lots), against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill, supra, 36 C4th at 235, 30 CR3d at.

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2 Deaths Caused by Newly Purchased Lift Chair

By | September 5th, 2013

QUESTION: Our parents’ house caught fire. My mother’s lift chair did not work when the power was out. She was trapped in the chair. I got her out but by then my father had inhaled too much smoke and burned to death before he got out the door. My mother died 2 weeks later because of her injuries. If only the chair had a release in case of power failure, both my parents would still be alive today. I would like to know if we have a case because of.

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A Son’s PTSD After A Teacher’s Chokehold

By | September 5th, 2013

QUESTION: My son is in the 7th grade and has a disability. He was put on a chokehold by his Special Ed teacher on February 12, 2013. My son has been diagnosed with PTSD after the incident. I was in contact with the Lieutenant but he’s not returning any of my calls. My son feels hopeless and I try to encourage him. I’ve decided to homeschool him since I don’t trust the school any more. The principal didn’t do anything to help my son. He told her on a few.

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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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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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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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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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Claiming Damages Due to Injuries from Purchased Food

By | July 24th, 2013

QUESTION: I bought a Milton’s Chicken and Rice Meal from Costco like I had been doing for years. When I bit into a big piece of chicken, I found out that it had a bone in it. The bone took chunks off my teeth. If I hire a lawyer, will I get more than $6,000, which is the amount the dentist said will cost to fix it, so that I can pay the lawyer and have my teeth fixed too? ANSWER: A claimant is entitled to recover the reasonable value.

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Unsafe Workplace and Your Claims for the Injuries Sustained

By | July 24th, 2013

QUESTION: I want to sue my employer for pain and suffering due to negligence (unsafe work environment). They knew I have already been injured twice and more than 2 supervisors were involved in putting me in another unsafe work environment, causing a third injury to my back. This injury resulted to pain that I will bear for the rest of my life, loss of my job, and daily life as I knew it. When I filed for worker’s compensation, the employer changed the injury date, causing more grief. I want.

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Child was Hit by a Car After Exiting Her School Bus

By | July 16th, 2013

QUESTION: My daughter was crossing in front of her stopped school bus and was struck by a car. The bus driver turned the lights off prematurely. Is this negligence? ANSWER: While negligence is often pleaded as an alternative theory, the strict liability cause of action does not require proof of “duty” and “breach” (conduct falling below the applicable “reasonable” standard of care). In other words, negligence focuses on “reasonableness” of the defendant’s conduct.

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