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Below I will discuss the liability of landowners for injuries occuring on sidewalks.  If you have been injured on a sidewalk give us a call so we can help you out.

559-441-1418.

DUTIES OF PROPERTY OWNERS TO MAINTAIN SIDWEWALKS

     Property owners have a general duty to maintain their property in reasonably safe condition.  California Civil Code section 1714 (a).  provides that everyone is responsible, not only for the result of his or her own wrongful acts, but also for injury occasioned to another by his or her lack of ordinary care or skill in the management of property.  In an lawsuit involving general negligence a defendant owes a duty to all persons who are forseably injured by defendants conduct. 

Under the theory of premises liability the premises owner, or possessor has the duty to exercise ordinary care in the management of the premises in order to avoid exposing person to an unreasonable risk of harm.  This is based upon the law of ownership and possession.  The owner of a property or possesor or landlord owes people on the land a duty to exercise due care to keep the premises in a reasonably safe condition that prevents them from injury while on the premises. 

As discussed above, although the property owner is not required to maintain a sidewalk in pristine condition the property owner must be reasonably free of defects that could reasonably inure a pedestrian. 

 

 

If you or a loved one has been a victim of a violent crime you may be entitled to compensation.  for example if you have been injured after an attack at a public place such as a mall, business venue, or other public place where the owners should have known of the dangerous conditions because of past problems on the premises. 

These lawsuits can be complex and difficult to navigate and you need someoene that has done these type of lawsuits in the past.  If you have any questions after reading this article give us a call. 559 441-1418. 

These type of lawsuits can even occur at sports venues.  You may have heard of the case of Bryan Stow.  Stow a Giants fan, was attacked outside of Dodger Stadium after the season-opening game March 31, and suffered life threatening brain injuries.  Stow is suing the Dodgers under the theory that the team cut back security, despite being aware of the dangerous condition of the parking lot, which was the site of previous assaults. 

In these type of cases where you are suing not only the perpetrator of the crime, but also the property owner, if the property owner was aware of the dangerous conditions on the property and did not take measures to address that problem; especially when the problem could have been easily been remedied. 

The person may be able to recover there damages due to the negligence of the owners. 

If you have any questions about this or other matters give us a call.

 

 

 

If you have been  injured in a vehicle crash caused by the negligence or recklessness of another person you may be entitled to compensation you should call our office at 559 441-1418 so that we can see if we can help you after a free case evaluation. 

Unfortunately, every day, cars trucks and bussses crash on the streets.  All to often the crashes are caused by the negligence or recklessness of another person.  Even people texting talking not paying attention etc. 

Some of the negligence we have seen invoves speeding, running red lights

texting and updating status on facebook while driving

sudden lane changes after not looking

stopping in the middle of the street

WHAT ARE SOME OF THE DAMAGES ALLOWED FOR THESE TYPE OF ACCIDENTS?

Under California law, persons that have been injured in a car accident as the result of anothers negligence,  including other persons, agencies, or corporations can recover damages for:

1. Past and future physical pain and sufferin, mental anguish

2. Past and future medical, incidental and hospital expenses;

3. Past and future loss of earnings and earning capacity;

4. Property damages:

5. Punitive damages in cases of egregious wrongdoing; and Wrongful death damages when the victim is killed.

We have successfully represented people injured in these type of accidents many of them even in different states such as Texas and so forth, we even work with other Attorneys at other Law Firms to combine forces to make sure you are adequately compensated for the damages caused. I know how devesting these type of cases can be to people and there loved ones.  We have represented enough people to understand this.  And all people have had a loved one affected by other peoples negligence.

Myself and the other Attorneys I work with have taken challenging complex cases to trial and prevailed.  And have settled many, many more cases. 

Here you will get the individual attention you need for your representation.

The reason I do this Job is to get peope through the most difficult and challenging times.  We  represent people not cases. And we help those people get the proper representation and the compensation you deserve.

We are here to serve you and offer a free case evaluation in order to better understand your goals of representation. We provide you with attentive individual attention.  Give us a call at 559441-1418 so that we can serve you and help you with your case.

 

      With all of the private cab compainies and uber and lyft and other cab companies, there is more than ever the concern over accidents occuring when taking these rides and if someoene is injured by one of these companies.  For example recently in the city of San Francisco there was an accident where the yellow cab crashed into a group of pedestrians in front of some office building in the financial district.  The cab actualy jumped the curb and smashed into pedestrians on the sidewalk, causing serious injuries.

     There could be several parties responsible for this horrible accident, the city, the driver, the cab company, and possibly more peopel depending on the circumstances.  Because there were major injuries you will have police agencies that will investigate.  This investigation will determine who was at fualt.  Thankfully, the cabs now are have "dashcams" and other electronic devices that record what is happening inside and outside a cab.   These can be looked at to determine exactly how the incident occured.

The video evidence can be helpful in determining if the cab driver was driving without caution or simply was not paying attention.  This could include speeding, speaking into his cell phone, or other dangerous behaviors.   This evidence could lead to a very dangerous conditions that lead to the cab company being responsible for the injuries sustained by all the parties.  In large urban areas you can bet there will be many cameras on the outiside of building which can help in determining exactly what happened as to specific accidents. 

And yes there could be other parties at fault in situations such as the one described above.  Such as the city and even the makers of places that attract people such as newstands etc.  They could be liable for having the newstands to close to the sidewalk in case of an accident. 

These multi party accidents including accidents with the latest cab and ride companies, such as uber lyft, can be complex and you should contact an Attorney as soon as possible if you have been injured. 5 59-441-1418.

 

When someone is killed by the wrongful actions of someone else it is called "wrongful death" These are among the most tragic of cases.  Many happen as the result of motorcycle accidents car accidents and other cases involving negligence.  If you have a loved one that tragically lost there life as the result of the negligence of someoene els give us a call and we can help you recover the money you deserve. 

We have represented many people under the same circumstances you are facing and understand just how tragic this situation can be.  We can get you through this the reason I do this job is to help people in the some of the worst situations life can throw at them recover.

When someone dies as a result of the negligence of others the law provides that their next of kin and their estate may act as plaintiffs to bring a civil action to recover economic and non economic damages.  This can be true even if the deceased was partially at fault.  (comparative fault).  If the death was a result of a drunk driver than punitive damages may be awarded. 

WHO IS CONSIDERED NEXT OF KIN

The people who are considered next of kin include family members of the deceased such as husband, wife, domestic partner, children, parents, or siblings, in order of priority of claim.  If a parent dies the surviving spouse / partner and children may all be plaintiffs. 

 

WHAT EXPENSES CAN BE RECOVERED?

FUNERAL AND BURIAL EXPENSES

LOSS OF INCOME FROM THE DECEDENT

MEDICAL EXPENSES PRIOR TO DEATH

LOSS OF HOUSEHOLD SUPPORT

LOSS OF CHILD REARING SUPPORT

LOSS OF MEDICAL AND RETIRMENT BENEFITS

NON ECONOMIC DAMAGES SUCH AS LOSS OF SUPPORT, COMPANIONSHIP AND AFFECTION

 

A surviving spouse or partner having lost their lfie comanion also has a seperate right damages for the terrible injury to the relationship. 

This is called loss of consortium. 

you should act promptly if you believe that someone you love has been the victim of a wrongful death claim.  Statute of limitations on accidental death claims can be as little as six months. 

The time you have depends on who caused the accident and other factors. 

Contact us so that we can give you a case evaluation and we do all the work on a contingency fee basis if we take your case.  That means we require no payment until we help you win compensation.  We can help you get through this give us a call 559 441-1418.

Injuries and hospital trips can be trauamatic events.  Here at the law office of Gerald Schwab we can help you with your injuries especially if you have been injured as a result of negligence of an apartment complex.

 

Some apartment complexes neglect the necessary repairs that are needed for there apartments.   This leaves the people that reside in those apartments at an increased risks of Death or Serious bodily injury. So you ask when can an apartment complex be liable for my injuries?

 

The apartment complex owner can be held liable for your injuries if the follwing requirements are met.

1. The party must have owned, occupied, the property on which the injured person was harmed.

2. Whena  landlord that owns an apartment on which a person is injured, or falls they can be held liable.

3. The owner must have been negligent in some manner.  in the use or maintenence of the property. 

4. This is the complicated part of this element of this offense.  and would require analyisis of whether the conditions were known, should have been known, how long how long the danger was apparent and how much it would have cost to repair the the dangerous conditition.

5. The landowners own negligence was a substantial factore in causing the harm. 

Accidents are foten the result of mutiple causes, and sometimes people arent as vigilent as they could be in keepina an eye on there footing.  The owners negligence does not have to be the only cause but only a substantial factor, in causing the accident. 

If a tenant recognizes the danger it is best to notify the management of the complex as soon as possible the apartment management must take steps to stop the danger.

If you have questions please give us a call at 559441-1418.

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Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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