QUESTION: Can I sue and EMS company for telling me I am fine to go home after a car accident? They told me I’m fine so I went home. But 45 minutes later I had to be rushed to the ER for an emergency C-section because my baby’s heart rate kept dropping. ANSWER: Parents may have a cause of action for “wrongful birth” against a medical professional whose negligence led to an undesired birth … even if the child is born healthy. Medical professionals clearly owe a duty to patients.
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.
QUESTION: I traveled to the Dominican Republic and stayed in a motel room which had both an AC unit and a ceiling fan. Both were turned on when I checked in, and it was too cold. So I stood up to turn off only the AC. As I pressed the button and it did not work, I stood on the bed to try again. When I stood on the bed, I hit my head on the rusted metal ceiling fan which resulted to 3 stitches. I went to the hospital.
QUESTION: Can I be convicted of battery for throwing a glass of water at a drunk guy in a bar? I was ticketed when I threw water at a drunk who was mouthing off at a bar. The called the cops who ticketed me without even going inside or questioning anyone. ANSWER: Intentional torts governed by § 815.3 include, but are not limited to, harassment, sexual battery and intentional infliction of emotional distress. Liability may arise if it is proven that causation was present in the case at bar. “Causation”.
QUESTION: I was rear-ended in an accident that wasn’t my fault, and it resulted to a minimal damage to my car. The other person’s insurance paid $460 in damages. I have a preexisting condition which affected my healing time. I was treated by a chiropractor for 6 months and have a $4,500 medical bill. The other person’s insurance said they will only pay for $1,200 of that bill. PI lawyers don’t seem to want my case since the damage to my car is minimal and my medical bill is higher..
QUESTION: I contracted food poisoning from a fastfood restaurant and need to take them to small claims. This is a national chain and the individual restaurant is owned by XYZ Corp. I have their agent for service of process from the state website. How do I list the defendant? Is it XYZ Corp. or Fast Food Restaurant? I am confused because the corporation did not make me sick, but they are the legal owners of the restaurant that did. ANSWER: Ordinarily, shareholders are not personally responsible for corporate liabilities. However,.
QUESTION: I live in California and I am involved in a personal injury case in Tennessee. My lawyer here in California hired a lawyer in Tennessee to handle the case there. They want me to fly to Tennessee for depositions and mediation. Can one or both of these firms pay for my airfare and hotel? Is this customary? Or am I on my own? ANSWER: Ordinarily, except for experts ordered by the court, expert witness fees incurred by the prevailing party are not an item of recoverable costs in California state.
QUESTION: I got hit by a car and my neck was hurt, and my bike was broken. Should I be getting more than $500? It was not my fault and I had the right of way because the light was green. ANSWER: Damages for personal injury cases vary depending on the case. There is no set amount of money, whether minimum or maximum, that applies to every case as each case is different. However, there are some basis to the awarding of damages, such as the more measurable economic damages.
QUESTION: My friend’s mother tripped over a curb in Disneyland’s California Adventure. She suffered injuries on her forehead and wrist. It happened at night and the curb was painted the same color as the walkway, making it hard to see especially at night. Do we have a case? ANSWER: A personal injury case may be borne out of the incident causing the injury provided that the same falls under the exception to the general rule of the so-called “recreational use immunity”. Generally, landowners and others with a possessory or non-possessory.
QUESTION: I was hired to sell cars at a dealership here in La Quinta California. In 2005, my boss asked me to deliver a truck. As I was driving, I got into an accident with 4 other cars and hit my head really hard. I got down to check if others were hurt and there were about 10 people with injuries. When I went back to work, the boss asked me if the police showed up, and when I said no, he had the truck towed back to the dealership.
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