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.
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.
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.
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.
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.
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.
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.
The San Francisco Bay Area is one of the most popular places to visit in the entire country. According to San Francisco Travel, approximately 25 million people visit the region each year. While Northern California is undoubtedly a wonderful vacation spot, unfortunately, an accident can happen on any trip.
Passed into law in 1908, the Federal Employers’ Liability Act (FELA) provides important legal protections and a path to financial compensation to railroad workers who were injured while on the job. FELA is a highly complex federal law. If you or your family member was hurt while working as a railroad employee, it is imperative that you seek immediate assistance from an experienced San Francisco railroad injury attorney. (more…)
When parents trust their child to the care of another party, they are forced to put a tremendous amount of faith in the hands of the caregiver. Parents should be able to rest easy knowing their child’s health, safety, and well-being are fully protected. Yet sadly, in far too many cases, children are abused. According to the most recent data from the American Society for the Positive Care of Children (SPCC), millions of American children are abused or neglected each year. Even more alarmingly, SPCC reports that 75 percent of child victims are under the age of seven.
Led by the San Francisco-based companies Uber and Lyft, the ridesharing industry has exploded in popularity over the last five years. According to recent data from Statista, ridesharing companies now take in nearly $20 billion a year in revenue in the United States. While these vehicles offer some consumers an affordable and convenient source of transportation, there is always a risk that a serious car accident will occur.
Unfortunately, hundreds of major car accidents are reported every day across the state of California. According to the California Highway Patrol, more than 250,000 people are injured in highway collisions each year.
According to the most recent data from the Bay Area Census, approximately half of the people in our region are renters. In San Francisco, nearly two-thirds of all housing units are listed as ‘renter occupied’. In other cities such as Oakland, Berkeley, and San Jose, the percentage of renters is almost as high.
Motor vehicle accidents are among the most common causes of serious injuries in California. According to the California Office of Traffic Safety (COTS), more than 230,000 people were hurt in auto accidents in the last year in which comprehensive data has been published. Many of these injuries were incredibly severe, sometimes even life-altering.
On April 30, 2018, the Supreme Court of California issued an important decision affecting the analysis of whether a worker is properly classified as an independent contractor versus an employee. The classification of a worker as an employee or an independent contractor impacts the rights and remedies of workers, and it is often a contentious issue in employment and labor disputes.
California employees are protected under a web of interconnected state and federal labor laws. It is critical that all workers are able to exercise their rights, without the fear that they are going to face punishment from their employer. The good news is that Bay Area workers are protected against retaliation. Though, in practice, defining and proving retaliation can sometimes be difficult.
San Francisco is one of the most renter-heavy cities in the entire country. According to data provided by the Bay Area Census, more than 64 percent of the total housing units in San Francisco County are ‘renter-occupied’. Just like homeowners, tenants need to know what they should do and who they can hold liable if their property is damaged in a disaster or an accident.
According to data provided by the California Department of Forestry and Fire Protection (CAL FIRE), 2017 was the most destructive year on record for wildfires in the state. In all, 9,133 reported wildfires raged, burning more than 1.2 million acres of land across California. Many structures were damaged throughout the state, with North Bay Fires hitting the northern part of the state in October, and Southern California facing severe wildfires in December.
Sexual harassment in the workplace is a very serious thing, and something that many people–many of whom are well-known or famous–are coming out about, and something to which the media is paying a lot of attention. Whether male, female, or transgender, and regardless of sexual orientation, understanding what sexual harassment in the workplace is and what your rights are if sexually harassed is important.
Fires are very scary, and they can cause significant amounts of damage in the form of serious injuries, to personal property, and to buildings and structures. Not only are fires often devastating, but figuring out who will pay for damages after a fire can be especially confusing, specifically when the owner of the apartment/condo/home is different than the person living in it. Indeed, this begs the question: Who is liable for damages caused by a fire in a rental unit?
As a tenant in San Francisco, you have certain rights, and your landlord has certain duties and responsibilities. While it is possible that throughout your rental history an issue will pop up between you and one of your landlords that makes living at your current place uncomfortable, invoking the help of a lawyer is not always necessary. Indeed, the majority of landlord-tenant issues are minor enough to be settled with a conversation, and perhaps some amicable negotiation.
Before you sign a lease or rental agreement and move into an apartment or house in San Francisco, you have the legal right to know certain things about the building and the space that you are about to inhabit. In fact, landlords are required to disclose a number of things about a property to a tenant before a tenant signs a rental agreement, as well as in the event that the property is sold. (more…)
Sexual harassment remains a prevailing problem in the American workplace. If you are wondering what constitutes sexual harassment, consider the following questions:
Many people are unaware of their rights when loved ones sustain serious injuries on a landlord’s property leading to death. There are chances that the claims adjuster or landlord may lead the victim’s family astray, giving them the impression that nothing can be done about their situation and that going to court will only make matters worse. (more…)
If you have been evicted from your rental home in a way that violates local or state tenant laws, you may file a lawsuit against your landlord for wrongful eviction. However, you need to have an in-depth understanding of the legal process and the law in order to prove that the actions of your landlord were illegal and you suffered damages for which you should be compensated. The best way to ensure that your wrongful eviction case is presented in the best possible light is to work with an experienced San Francisco tenant lawyer.
Residential landlords are businesses or individual property owners that rent out houses, condos, or apartments in exchange of money. When a residential landlord in San Francisco, Oakland or Berkeley rents out their property to a tenant, it is essential for the rented space to be habitable, or in other words, fit to live in. During the tenure, the landlord is required to take care of maintenance work and carry out repairs whenever necessary to ensure the rented property remains habitable.
A California family who recently relocated from another country is devastated by the death of their 9-year-old son. Family and friends gathered to hold a vigil for the deceased boy two days after he was killed on a recent Friday. This bike crash reportedly occurred at an intersection in Irvine. (more…)
The Ghost Ship warehouse tragedy has captured the attention of the nation as new facts come to light every day. (more…)
After the November 8, 2016 election, voters in Oakland, Richmond, and Mountain View have successfully amended or created some form of rent stabilization or eviction protection legislation.
Oakland’s Just Cause for Eviction Ordinance and Rent Adjustment Ordinance has been amended by Measure JJ to require landlords to file a petition with the Rent Adjustment Program prior to any rent increases above the Consumer Price Index and has expanded the Just Cause Eviction Protections for buildings built before 1996. The new amendments will go into effect on February 1, 2017. (more…)
A woman was killed in an accident in Bakersfield on a recent Sunday morning. This was one of those sad situations in which a person who had too much to drink struck a pedestrian and then drove off without checking on the victim. The person who was the alleged hit and run driver was later located and arrested.
California business owners who offer services at which members of the public can move about their premises must ensure that no hazards exist that may cause physical harm. Known hazards must be addressed, and if they cannot be rectified or removed, clear warning signs must be posted. Injuries suffered on dangerous property may lead to premises liability lawsuits. (more…)
Traffic in both directions of a roadway in the California city of Fontana was delayed for several hours on a recent Wednesday morning. This followed a fatal bike crash in which a cyclist lost his life. An incident report indicates that the accident occurred shortly after midnight, and police have confirmed the identity of the cyclist. (more…)
Road users in California will always be at risk of suffering injuries in accidents regardless of the form of transport. However, a victim of a bike crash will likely suffer more severe injuries than a person who has the protection of a car. Bicycle accidents sometimes result in catastrophic injuries such as brain trauma and internal injuries that may even be fatal. The circumstances of a bicycle accident will determine financial liability in a resulting civil lawsuit. (more…)
According to the California Highway Patrol, 10 bicycle accidents had been reported from 2001 through 2014 at a particular intersection in the Berkeley Police Department’s jurisdiction. It was also reported that almost 10 percent of employed Berkeley residents use bicycles to commute. The safety and convenience project for cyclists have reportedly not been updated since 2005. Every bike crash serves as a reminder that an updated plan is overdue. (more…)
California residents may have empathy with a child in another state who is fighting for his life in a hospital after he was hit by a car. He apparently suffered a traumatic brain injury because none of the bystanders at the accident tried to do CPR after he was struck. A spokesperson for the Red Cross says CPR is actually easy to do and can even be done without breathing into a victim’s mouth when people feel uncomfortable doing so. (more…)
California residents, like those in other states, have the right to medical care of an acceptable standard. This means that no one should be worse off after medical treatment than what they were before. Unfortunately, many medical malpractice lawsuits result from such circumstances. (more…)
A California family is grieving the loss of a beloved great-grandmother who lost her life while crossing a South Sacramento road. At the same time, they are grateful that her great-granddaughter was not with her on that day. The family says the grandmother walks that route every day, usually with the child in tow. The California Highway Patrol is investigating this fatal pedestrian accident. (more…)
The debate about when a fetus can legally be regarded as a person sparked arguments in a recent lawsuit in another state. California readers may be interested in this medical malpractice lawsuit that was recently settled shortly before the trial. The suit was filed by a couple who alleged that the doctor caused the 2011 death of their fetus at 22 weeks. (more…)
Under the vehicle code of California, vehicle operators are required to slow down and take due care in yielding the right of way to pedestrians who are in marked crosswalks. Unfortunately, not all drivers obey this law. A Petaluma driver was recently arrested after a pedestrian accident in which two people suffered injuries. (more…)
Just like in other states, owners of commercial properties in California are bound by law to provide safe premises in and around stores, parking lots and apartment buildings. Slip or trip and fall accidents can happen anywhere and often wreak havoc in the lives of injured victims. Negligent maintenance can result in a dangerous property condition that may lead to premises liability claims. (more…)