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Our Recent Blogs

Three Defenses You Might Face in a California Premises Liability Claim

California businesses and property owners have a duty to keep their premises in safe condition. If they fail to do so, they can be held liable for any resulting injuries. Unfortunately, it can be a challenge for victims to recover full and fair financial compensation through a premises liability claim.
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Who Can File a Wrongful Death Lawsuit in California?

Unfortunately, highway construction zone accidents are a serious problem. According to the most recent data from the Federal Highway Administration, approximately 60,000 people are injured in construction accidents in the United States every year.
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Auto Accidents in Construction Zones: What to Know About Your Personal Injury Claim

If you drive regularly in the Bay Area, you know there is near constant highway construction going on in Northern California. Motorists must take additional care when going through a work zone.
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Should I Sue for Personal Injury?

The Centers for Disease Control Prevention (CDC) reports that nearly 30 million Americans visit emergency departments with unintentional injuries every year. A serious injury can be incredibly disruptive for the victim and their family — on top of the long road to physical and emotional recovery, they may be left dealing with stacks of medical bills and other financial expenses.
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Who is Liable for a ‘Merging’ Accident in California?

Merging onto a highway in the San Francisco Bay Area can be challenging. We have all seen how congested our region’s roads can get. Unfortunately, in some cases, major accidents occur when motorists are trying to merge. This raises an important question: Who is at fault for a merging accident in California? (more…)

Your Guide to California’s Premises Liability Laws

In California, a person who was injured on someone else’s property – whether the property was owned/managed by a business, an apartment complex, a private homeowner, or a government entity – may be entitled to financial compensation for their damages. Indeed, negligent property owners can be held financially responsible for injuries through a premises liability claim. Our legal team highlights the key things you need to know about California’s premises liability laws.
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How Do You Prove Medical Malpractice in California?

Alarmingly, medical negligence is one of the leading causes of death in the United States. A 2016 study cited by The Washington Post found that only cancer and heart problems are to blame for more deaths than medical errors. If you or your family member suffered any type of injury or health complication as the result of medical negligence, you may be eligible to recover compensation through a medical malpractice claim.
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Police Shoot Vallejo Man in Vehicle

Vallejo Police Department shot a man in a Taco Bell parking lot this weekend.  Willie McCoy was asleep and unresponsive in his vehicle at the time police made the initial contact.  Mr. McCoy had a weapon on his lap.  Police claim that when they woke up Mr. McCoy, he reached for his gun and the police shot him.  There are a number of questions that come to mind.

Did Vallejo PD call out a SWAT team?  How long were the police on-scene before they made the decision to wake up Mr. McCoy?  How close to Mr. McCoy’s vehicle were they when they woke him up?

In an excessive force/police shooting case, the court examines these issues: 1) the severity of the alleged crime; 2) whether the suspect poses an immediate threat to the safety of the officers or the public; and, 3) whether the suspect is actively resisting arrest or evading arrest.

Here, the suspect was asleep.  Mr. McCoy was not actively resisting or evading arrest.  Any time, someone is jolted out of their sleep, they are going to move.  Movement should be expected.  This also was not a situation where the police had to make a split-second decision.  Since Mr. McCoy was asleep, there was time to consider the safest way to wake him and take him into custody.  A thorough investigation must be conducted to determine these facts.

A couple of things need to happen immediately in this case.  The video footage at the Taco Bell and of the officers’ body cams and dash-cams need to be preserved.

Bracamontes & Vlasak civil rights lawyers are experienced in police cases and litigating police cases through trial. We are committed to ensuring that families obtain justice. You may contact attorney Michael Bracamontes at mbracamontes@bvlawsf.com (415) 835-6777 x101 in our San Francisco law office for a free, strictly confidential legal consultation.

Excessive Force Attorney

When Can a Nursing Home Be Held Legally Liable for a Fall Injury?

Fall accidents are one of the leading causes of severe injuries — and fatalities — for older Americans. According to the most recent data from the National Council on Aging (NCOA), more than 800,000 senior citizens are hospitalized after a fall accident every year.
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San Francisco Gas Explosion Fire, February 7, 2019: a Lawsuit?

BV Law attorneys are meeting with victims of the gas explosion fire at Geary and Parker Ave. to inform displaced tenants of their legal rights and to discuss with property owners who to hold accountable. Please contact Ryan Vlasak at 415-835-6777 x102 for a free consultation.

How is Pain and Suffering Calculated in a California Car Accident Injury Claim?

If you were injured in a car crash in California, you may be eligible to recover compensation from the at fault driver. Injured victims deserve compensation for the full value of their damages. This includes recovery for all monetary losses, such as past and future medical expenses and lost wages.
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