Hogan Injury > Blog > personal injury

Liability and Damages in Adulterated Food Case

By | June 24th, 2013

QUESTION: I broke my tooth due to the object in a restaurant food. The restaurant is already paying for the dentist but I will need to stay in town to complete the repair. The event has ruined the weekend and the upcoming week. Do I have a case? ANSWER: The restaurant may be liable for damages provided that there exists negligence on their part in preparing your food. However, the burden of proving the non-existence of negligence may be shifted on the defendant in an adulterated food case if the.

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Is Violation of a Restraning Order a Crime?

By | June 13th, 2013

QUESTION: My father moved in to live with me after he left his wife. He said she was abusing him physically, mentally, emotionally and financially. She held a gun to his head and said that she wished he would die. He was going through divorce and settlement when he had a heart attack. When he was released with a diagnosis of GI Tract tear and bleed and infection he was to immediately pick up his prescription for antibiotics to keep him alive. When he was to pick them up along.

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Case Against Veterans Administration by an Officer with PTSD

By | June 13th, 2013

QUESTION: I am in East Bay in San Francisco. I was turned down on my claim. My shipmate died and I was picked up by a jet blast and thrown down the deck. I was going overboard until my boot caught a small railing and I was slammed down on the catwalk. I don’t think they know what it is being on a flight deck. It is that being in the service, your higher ranks will tell you to just suck it up if you complain, and the word gets.

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Liability on Disrupted ICD Caused by Tortuous Act of Landlord

By | June 13th, 2013

QUESTION: Is the landlord liable if I get shocked by an exposed electrical wire after the landlord told me to jiggle wires to get the air conditioner working? He lives out of state. I am currently awaiting a heart transplant and have an implantable cardiac defibrillator (ICD) in me. The electrical shock disrupted my ICD unit and needed to be replaced 2 weeks later, which cost about $90,000. ANSWER: Your landlord may be held liable for damages if you can prove that he was negligent when he advised you to.

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Possibility of a Case Due to Injuries Inflicted by a Minor

By | March 26th, 2013

QUESTION: My daughter and a boy were playing soccer outside, when she came running home with a bleeding mouth and broken tooth. She said her playmate pushed her and she fell. We went to talk to the kid and his parent, but the child denied it. Later, when I had the chance when the child was by himself, I asked him what happened and he answered with “she was in my way.” I am enraged by this because my daughter lost her adult front tooth. Can we sue them? ANSWER:.

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School’s Liability on Sports-Related Injuries

By | March 8th, 2013

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.

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Child Sustained Injuries While Playing: Can I Sue the School?

By | March 8th, 2013

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,.

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Drunk and Injured: Do I Have a Case Against the Bar?

By | March 8th, 2013

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)].

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Duration of a Personal Injury Case

By | March 8th, 2013

QUESTION: If a lawsuit for personal injury has been filed, how long does it stay active? ANSWER: In personal injury cases, the two-year statute of limitations tolls after the filing of the suit. However, there is a three-year limit for discretionary dismissal for delay [CCP § 583.420(2)] and, with a few exceptions, a five-year limit for the case to be pursued before its mandatory dismissal for failure to prosecute (CCP § 583.310).

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Filing a PI Case Due to Poorly Marked Step-down

By | March 8th, 2013

QUESTION: I fell in a restaurant because of a poorly marked step-down. Is there a time limitation for pursuing the damages for the injuries? What are the steps I should take? ANSWER: Generally, there is a two-year time limitation for filing a suit for personal injury or negligence (CCP § 335.1). It is very important to take note of this because one may not be able to recover once the 2-year limit has passed. At the soonest time possible, the victim should do his/her best to preserve evidences related to.

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