Hogan Injury > Blog > personal injury

Prisoner-Inflicted Injuries: Should the County Jail Be Held Liable?

By | March 8th, 2013

QUESTION: Can one file a personal injury suit against a county jail if, for example, a detainee was exposed to a person who had a prior history of trying to kill an inmate and then after 60 days stabbed another? ANSWER: With a few exceptions, public entities are immune from liability for injuries caused by any prisoner to another prisoner while an inmate of a “prison, jail or penal or correctional facility” [Gov.C. § 844.6(a)].  This also applies to claims that derive from any injury to a prisoner—i.e., public entities.

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Injury from Foreign Substance in Food: Can I Make a Claim?

By | March 8th, 2013

QUESTION: Can I sue for personal injury if I broke my teeth from biting on a metal rod inside a deli sandwich? ANSWER: If there are injury-causing substances that are foreign or not normally found in a food product (such as a piece of glass or wire), the provider of such food may be held liable on product liability and breach of warranty theories.

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Waiting Time Before Filing a Personal Injury Case

By | March 8th, 2013

QUESTION: I have a case for personal injury against a person who hurt my minor son, and I am waiting for the other party to respond to my offers to settle. But it is taking so long. How long should I wait for them before I file a lawsuit? ANSWER: Normally, when it comes to personal injury cases, it is advisable to pursue settlement before a lawsuit is filed. However, if there is no settlement reached and when the statute of limitations is about to run, a complaint should be.

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The Store Company in a Personal Injury Caused by Its Associate

By | March 7th, 2013

QUESTION: I was injured by a store associate. Can I sue the store company? ANSWER: An employer may be liable for an employee’s (or “ostensible employee’s”) tortious acts committed within the scope of the employment. This is under the doctrine of respondent superior  which imposes vicarious (or derivative liability) upon the employer—i.e., it imputes the employee’s fault to the employer and thus makes the employer responsible in damages just as if he or she personally committed the tortious act.

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Unattended 911 Call: An Overview of Wrongful Death

By | March 7th, 2013

QUESTION: What is wrongful death? My brother was murdered and no one responded to the 911 calls until 12 hours after. ANSWER: Wrongful death refers to death caused by the negligence or misconduct of another.  CCP § 377.60 establishes a statutory cause of action in favor of specified heirs of a person who dies as a result of the “wrongful act or neglect” of another.

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Special Relationships & Liabilities of School District and Its Students

By | March 7th, 2013

QUESTION: Is the school liable for my son’s injury during a wrestling practice at his school? My son’s opponent made an illegal move (pile drive), and sent my son head first to the floor. My son sustained a spinal injury and he has not been the same since. ANSWER: There is a special relationship between a school district or its employees and students that imposes 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.

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Business Liabilities of Wrongful Acts

By | March 7th, 2013

QUESTION: Does the landlord have liability for attack under fake security cameras? ANSWER: Businesses have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control, like parking lots, against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill].

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Claims Against Government Entities

By | March 7th, 2013

QUESTION: My fiance was shot three times in a robbery attempt by a guy, and the shooter has been sentenced to 29 years in jail for the crime. My fiance is now permanently paralyzed from the chest down. What are the steps we need to take to bring a case against the state where this crime happened? ANSWER: Generally, no suit for money or damages may be brought against a government entity (or against a government employee acting in the scope of employment) unless and until a timely claim has.

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How Wrongful Acts of Employees Affect Employers

By | March 7th, 2013

QUESTION: After spilling a drink, my son was taken to the back steps used for staff and delivery and was given a “shove” down the stairs as he was being escorted by the bouncers out of the bar. His friends were at the exit waiting for him and didn’t see the push or the fall. Is the bar responsible for damages and the cost of my son’s treatment for the injuries caused by the bouncers? ANSWER: Under the doctrine of “respondeat superior,” an employer may be liable for an employee’s.

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Damages Claimed Against Those Who Caused the Death

By | March 7th, 2013

QUESTION: Two guys tried to rob my son and shot and killed him in front of his girlfriend and 2-year old son. The shooter was convicted and received a sentence of life and 30+ years. Can I sue the criminals for the loss of my son? ANSWER: Injury to one person might also occasion a compensable loss or detriment to that person’s spouse, registered domestic partner (Fam.C. § 297) or other close relatives witness injury inflicted upon someone with whom they have a close family relationship may have a right.

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