California Personal Injury Law Blog

How is Sexual Abuse Defined?

Blog Editor — Thu, 09 Feb 2012 14:49:49 +0000

Sexual abuse is sexual conduct where no consent has taken place. This can include anything from non-consensual touching, with or without clothes, to unwanted penetrative sexual contact. Sexual abuse can happen to anyone – men, women, children, and the elderly – and more often than not leaves deep emotional damage. Oftentimes individuals have difficulty understanding and coping with the trauma caused by sexual abuse. In order to alleviate some of the burden to sexual abuse victims, California has created special laws to help those victims. In California, victims of sexual abuse have until their 26th birthday, or within 3 years of the sexual abuse, to file a civil suit in the court system. Though the victim of sexual abuse will oftentimes never reconcile the reasons behind why someone would abuse them, this rule attempts to lessen the difficulty some may have in detailing the abuse when the emotional and physical wounds are so recent.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. If you have suffered from sexual abuse, do not hesitate to contact a lawyer specializing in California sexual abuse cases today. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Liability in California for Serving Alcohol to Minors and Intoxicated Persons

Blog Editor — Wed, 08 Feb 2012 14:57:56 +0000

In many states, the act of serving alcohol to an intoxicated person at a business establishment violates what is called a “Dram Shop” law. Dram Shop laws are legislated in order to create accountability in businesses which profit from the sale of alcohol and alcohol consumption. California has an extremely limited version of the Dram Shop laws. This means, generally, that establishments which serve alcohol in California are not strictly liable for the beverages they serve. However, there is an important exception to the general rule: any person, which includes alcohol serving establishments as well as regular members of the community, may be civilly liable for serving alcohol to minors who are visibly intoxicated and are the proximate cause of a subsequent personal injury.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. If you have been injured in an automobile accident in California as a result of an intoxicated driver, please do not hesitate to contact an experienced Orange County or Los Angeles personal injury attorney today. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Differences between Assault and Battery

Blog Editor — Tue, 07 Feb 2012 15:13:42 +0000

Assault and battery are terms that seem to be used interchangeably to describe some serious offenses that occur in both civil and criminal courts. Despite the common misconception, assault and battery are unique causes of actions that are independent of each other. Battery is defined as an intentional harmful or offensive touching of another without consent, such as an act of violence or sexual abuse. Assault is intentional conduct which creates fear or apprehension in another of a harmful or offensive touching, without actual physical contact. Clearly, these personal injury torts are similar and oftentimes go hand in hand, but the differences should be noted. The main difference between assault and battery is that an assault can occur even if no offensive touching has taken place.

To illustrate, if Person A raises his hand and motions as if he will strike Person B, Person B can argue an assault has taken place because he has experienced apprehension of harm. To go a step further, if Person A actually hits Person B, Person B has experienced an assault and battery because Person B has been physically touched while experiencing apprehension of the touching. If, instead Person B has no idea that Person A intends to hit him (Person B has his back to Person A), when Person B is actually struck, he has suffered a battery, but not an assault.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. If you or someone you know has been injured as a result of an assault or battery, please do not hesitate to contact an experienced Orange County or LA personal injury attorney. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Trespassing and Premises Liability

Blog Editor — Mon, 06 Feb 2012 15:28:48 +0000

Trespassing is the physical invasion of another person’s property without the owner’s consent or knowledge. In California, the general rule is that an owner is not liable for any injury that results from an unlawful trespass. However, as with most rules, there are exceptions. If a property owner is aware of a consistent dangerous condition on his or her property, the owner must take measures to keep that dangerous condition at bay. Owners may respond to known dangerous conditions by marking or removing them. Unless reasonable measures are taken, an owner may face premises liability for any injury incurred by a trespasser. Furthermore, owners owe a special duty to child trespassers. It is common for children to be lured onto property by an “attractive nuisance.” This can be thought of as an area that a child sees as exciting to visit, something as simple as a grove of oak trees or a golf course. As a result, an owner must exercise ordinary care to eliminate dangerous conditions.

If you have been injured as a result of negligently maintained property, please contact our one of our experienced Orange County personal injury lawyers today. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

California Dog Bite Liability

Blog Editor — Fri, 03 Feb 2012 15:36:54 +0000

California law holds dog owners strictly liable for their dog’s conduct. As a result, the law expects a dog owner to take reasonable measures to prevent his or her dog from biting others. The law extends to individuals in public areas as well as individuals who are lawfully in private areas. Whereas some jurisdictions require that the owner be aware of the dog’s propensities for violence, California holds an owner liable for personal injuries caused by their dog regardless of whether or not the owner is aware of his dog’s violent characteristics. One notable exception to California’s dog bite statute applies to dogs that are defending or assisting while working in the military or in the course of police work. If you or a family member have been a victim of a dog bite, you may be able to recover compensation for medical costs, damages, lost wages, and possibly punitive damages depending upon the nature of the attack.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Please contact an Orange County personal injury attorney to discuss your options.

Bicycle Accidents in California – a common occurrence

Blog Editor — Thu, 02 Feb 2012 15:47:02 +0000

Sadly, bike accidents are not an uncommon occurrence in California. With the busy metropolitan areas and a shift to green-style living, bike accident injuries and fatalities are as catastrophic as ever. Bike accidents can happen in a variety of ways: negligent drivers, poor road and weather conditions, and even animal attacks. Because a bike offers no protection from the elements or other vehicles, head trauma causing brain injuries and even death are not an uncommon result of a bike accident. Bike riders should make a point to wear reflective clothing, exercise vigilant caution, wear a helmet, and observe traffic laws. It is also important to equip bikes with lights to increase visibility.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If you have been injured in a bicycle accident resulting from negligence or an animal attack please contact an experienced California personal injury lawyer today.

What is Causation?

Blog Editor — Tue, 31 Jan 2012 15:56:29 +0000

Causation is a vital element of a negligence claim. In order to show that negligence has actually taken place, one must be able to demonstrate that the breach of duty is related to the actual harm that has taken place. On its face, causation is simple—x leading to y creates a causal relationship. This is because it is creating a cause and effect relationship. For example, a defective part of a vehicle brake system, which creates an inability to brake when necessary, could be causally connected to a crash that arises out of the inability to brake. Similarly, a defective tire may be the cause of a vehicle rollover.

Foreseeability is an important component of causation. Where an act’s consequences are foreseeable liability oftentimes ensues; likewise, where an act’s consequences are not a foreseeable outcome, there may not be liability. For instance, if, on New Years’ Eve a person shoots a gun into the air, it is foreseeable that the bullet can fall from the sky and cause the wrongful death a bystander.

If you believe you are a victim of negligence in California, do not hesitate to contact a personal injury attorney in Orange County. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

What Are Negligence Damages?

Blog Editor — Tue, 17 Jan 2012 16:03:50 +0000

In order to have a successful negligence claim, some act has to have occurred which caused perceptible harm. Damages, therefore, can be qualified by loss. This loss can be physical, such as head trauma or paraplegia, monetary loss, or emotional distress. There are different types of damages, or remedies, available to redress the harm a personal injury tort victim has suffered. Special damages account for the actual loss from the negligent behavior. General damages can compensate for non-monetary damages. Punitive damages, which are damages that seek to punish the wrong-doer are not available in negligence cases. In sum, it is not enough to have a breach of duty and a causal link. In order to have an actionable claim for negligence, the plaintiff must have suffered a perceptible harm.

Contact a California personal injury lawyer to learn more about compensation for negligence damages. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

What is a duty of care and how can it be breached?

Blog Editor — Fri, 13 Jan 2012 16:11:30 +0000

To prevail in a negligence claim one must demonstrate that there is a duty of care, a breach of that duty, a causal link between that breach and the outcome, and finally, there must be a showing of damages. A duty of care is and how that duty is breached are two critical components in a negligence analysis.

A duty of care is an inherent legal obligation where there is a likelihood of harm arising from any particular conduct—this is called foreseeable harm. When the duty is not followed, the duty is breached. To illustrate with an example, a driver has a duty of care to drive on the right side of the road. If the driver begins to erratically drive on the left side of the road, into oncoming traffic, his duty to drive as a prudent driver is breached because there is foreseeable harm in operating the vehicle on the wrong side of the road; that is a head-on collision auto accident.

Contact a California personal injury attorney. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.