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If you have been injured on someones property because of there negligence in the upkeep of that property you may have certain rights.  You should contact our office as soon as possible so that we can set up an appointment and get you the comsensation that you need. 

in this article I will be discussing premises liability and who is responsible for an accident occuring on someone elses property. 

PREMISES LIABILITY

When enters your property, they have a reasonable expectation of not getting injured.  This means that a property owner or a non owner resident are responsbile for maintaining a relatively safe environment.  This is known as "premisis liability" For example, a courier delivering a package may sue you for injuries if he slips and falls on an oil slick in the driveway.  But if that same courier was intoxicated or failed to take precautions or acted in an unsafe way then he may not have a valid claim.  

The legal theory of premises liability holds property owners and residents liable for accidents and injuries that occur on that property  The kinds of incidents that may result in premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on an amusement park ride.  Liability is determined by the laws and procedures ot the state in which the injury occured.  In some states the law will focus on the status of the injured party whether they were invited or they were trespassing etc. 

We will have a different blog relating to the occurances where you are injured due to the criminal acts of a third party on somoenes premises.  An example of this would by you are injured in a restaurant or a bar due to another customer attacking you. 

In those type of cases the injury and the occurance must have been forseable, in other words had there been prior injuries the same or sufficiently similiar to the damage you suffered and the property owner could have taken measures to protect you that would not have been to costly.  

If you have been injured on somoenes property please take the time to give us a call so that we can help you through this. 559 441 1418. 

If you are the loved one of a person who died because of the negligence of somoene else you need experienced counsel to lead you though the difficult times. Our  office has helped many clients in this situation give us a call to set up a case evaluation. 

WRONGFUL DEATH CASES

Many times people injured by the negligence of somoene else end up succumbing to there injuires.  Many people wonder how to proceed in such circumstances.  I can give a general overview of what can happen it is not legal advice and you should seek legal advice as to the specifics of your particular circumstanes.  

in some circumstances a personal injur case will already be filed agains on behalf of the plaintiff that may then later succumb to there injuries.  

Under CALIFORNIA CODE OF CIVIL PROCEDURE 377.20 a cause of action for or against a person is not lost by reason of the persons death.  but survives subject to the applicable limitations period    Theses are called survival actions.  the code states that a cause of action survives the death of a person passes to the decendant's successor in interest. ( subject to the probate code) who may bring, or continue the cause of action.  

so if a person had a right to bring a cause of action before there death, whether it be from breach of contract, fraud, medical malpractice, or personal injury, when they die that right passes on to their estate or heirs.  This is similiar to the right to collect a debt owed to the decedent.  the heirs of the decedent would be entitled to collect that debt on behalf of the decedent.  the survival statutes do not create a cause of action they simply keep that cause of action from running out after the death of the plaintiff.  

if the decendant had a cause of action at the time of the death pending then the representatives can file a motion after the death of the person that started the action to keep the action going. 

 

 THE LOSSES RECOVERABLE

Are limited to the loss the decedant sustained before death.  i.e. economic damages medical expenses etc. as well as punitive damages and some other damages recoverable.

If you have any further questions give our office a call and we can set up an appointment to help you.  

If you have been injured in an pedestrian accident give our office a call we will get you through this.  5594411418. 

Every day in California, pedestrians who are crossing in a crosswalk jogging down the street, walking through a parking lot and even walking through a parking lot are struck by negligent drivers.  A pedestrian does not have the luxury of a seat belt to protect them from the impact.  There are several areas where a pedestrian is even more at risk. near a construction site for example where there could be confusion of the site. 

HOW TO PROVE FAULT IN A PEDESTRIAN COLLISSION

Most pedestrian accident cases hinge on whether the pedestrian was where he was at the time of the impact.  This is especially true if the pedestrian was hit while crossing the street.  the defense will always say that the person crossed agains the signal.  If you crossed with the signal and were lawfully where you were supposed to be it could go a long way in the helping your case. 

IMPORTANT COMMONLY USED EVIDENCE IN PEDESTRIAN ACCIDENT CASES

1. Statements of any witnesses particularly witnesses who have no relatiionship with the pedestrian.

2. Photographs ro video (often red light cameras, from neighborhood businesses)

3. Skid marks (indicating location of impact) 

4.Cell phone records indicating the that the negligent driver was texting at the time of the accident.

WHAT WILL BE USED AGAINST YOU IF YOU ARE IN A PEDESTRIAN ACCIDENT 

6. Defense lawyers in pedestrian accidents often contend that the pedestrian was comparatively at fault for the accident. 

7. In California a pedestrian that is even 1 percent at fault may not be able to collect in a lawsuit.

8. Defense lawyers are pulling out all of the stops and try to convince a jury the pedestrian was distracted by a cell phone or mp3 player you will need a good investigator to destroy these defenses.

WHO PAYS FOR YOUR INJURIES SUFFERED IN A PEDESTRIAN ACCIDENT?

One of the first and most important isssues is whether there is insurance coverage to pay for the damages sustained by a pedestrian.  In other words was the driver at fault and did he have insurance to pay for the damages.  If the driver has insurance than the drivers insurance will pay for the injuries.  if the at fault driver does not have insurance or flees the scene then the pedestrians uninsured motorist policy will kick in and pay for the damages. 

If you or a loved on has been injured give us a call we can get you through this you need experienced counsel we can help 559 441 1418. 

 

If you have been injured in a car accident it is important that you get experienced counsel to help you through the process and possibly sue the people responsible for your injuries. 

In many incidences of car accidents people think they need only to exchange information and insurance information.  However, it is important that you file a police report and call the police and it is required if there are injuries involve in the crash. 

Sometimes you will believe that you did not sustain any injuries at the time of a crash.  However, you may not feel all the injuries and affects of a car accident right away.   That is another reason why you should consult an accident Attorney right away and file a police report.   If later on you decide to seek compensation from an accident the police report can be helpful in documenting your injuries and physial condition.  You case will become stronger with a copy of a filed police report many times the report will have witnesses and opinions of the police officer, that clearly state that which person he believes is at fault.  

 

WHY IS THE POLICE REPORT SO IMPORTANT?

The police report provides an impartial third person account of what happnened, and documentation of the accident.  And also provides the following information

The exact location of the accident

The time and date of the car accident

Damages to all vehicles and property involved

Any injuries to drivers, passengers, or others

Statements and contact information from any witnesses

Weather and other environmental conditions at the time of the accident

Having a police report with this type of information will assist with your personal injury claim

and can greatly improve your chances of successfully obtaining compensation.  Remember as a victim of anothers persons negligence you are entitled to recover under the law you want to improve your chances of recovery as much as possible.  

HOW TO FILE A  POLICE REPORT

After your car accident you should immediately call the police.   After theya arrive discuss the specific details of the accident with the police officer, and answer any of their questions.  The officer will interview the other driver and any witnesses to the crash.  He will determines the cause of the crash.  If it is a minor accident the police may not respond to the scene.  If that happens you will have to make a trip to the local police department to file a police report within a 24 hour period.  A police report is mandatory to recover damages from a hit and run or if the driver is uninsured. 

 

If you have any questions do not hesitate to call for a case evaluation. 559-441-1418. or 559 295-0391

Over 11,000 drivers are killed annually due to distracted drivers.  This can inlcude speaking through the speakers in your cars, speakers which are meant for music.  

People begin long involved communications when driving and it leaves people dead and injured on a daily basis all over California roads. 

Taking your eyes off the road for even a second can lead to a devestating accident.  Especially when you are driving at higher speeds like on freeway driving.

 

Using hands free devices does not make the exchange safe.  There is no safe way to make a call while driving.  Drivers don't drive well when not distracted and distracted driving only increases the problem.  

THE LAW REGARDING TALKING WHILE DRIVING

Since 2011 it is illegal to drive a vehicle while using a phone unles there is a bluetooth or other hands-free technology.  (Vehicle Code section 23123).  Furthermore, drivers under the age of 18 may not drive while speakin on the phone even if there is a hands free technology.  ( V.C. 23124)

California also has a law focusing on Tesxtin while driving.

Under Vehicle Code section 23123.5 it is illegal to text or read a text while driving.  There is an exception for hands free voice activated technology.

 

NEW STATUTE 

It remains illegal to to drive a vehilce while holding or operating a phone or any type of electronic wireless device unless it is specically designed and configured to to allow voice-operated and hands-free application.  and it is used in that manner while driving. there was a loophole in the law that allowed drivers to access the internet and apps while driving that has now been closed.  

to comply with the law buy a bracket for your phone in the car.  Even then you cannot put an address in the car while driving to help navigate you must pull over and then enter the address.  

Even though the law has loopholes to make room for current internet users it is still very dangerous and not a good idea to drive while distracted and doing anything and trying to multi task in any way may have disastrous consequences. 

In California assisting living cases have exploded as Americans are living longer lives.  Assisted living communities will only continue to grow.  The Centers for disease control and Prevention projects that the number of Americans over the age of 65  to more than double from 40.2 million in 2010 to 88.5 million in 2050.  And nearly two thirds of the people that reach the age of 65 will need long-term care services during their lifetime.  This suggests tha the number of assisted living facilities is likely to grow over the years.  

WHAT IS ASSISTED LIVING

Any assisted living case involves one of two lawsuits.

The assisted lving facility accepted someoene into its community whio requires a higher level of care than the facility could provide.  

The assisted lving facility accepted someone into its community who was appropriate at the time of her or her admission, however, at some later point in time, the person was no longer a good fit for assited living, yet the facility kept him or her in the community.  Some people wrongly believe that assisted living homes are skilled nursing facilities.  This is not correct.

A skilled nursing facility has more of a medical provider part than does an assisted living facility.  

TYPES OF CASES BROUGHT AGAINST ASSISTED LIVING FACILITIES

There are several claims that can arise out of in the assisted living context.  A common injury that occurs is when the there are falls.  Falls are always a bigi concern and when you have someone that has fallen several times there could be negligence on the part of the assisted living faclility.  Any fall gives notice to the facility, and any such fall gives notice to the facility that the person is not appropriate for an assisted living facility.  In other words one and done.  

Unfortunately, Employee-on resident violence is another concern.  Many times the facilities are staffed with poorly trained, poorly paid, people.  The assisted living arrangements are money making operations meant to maximize money not provide the best environment.  

Therefore, there have been incidences around the country including one in Massachusetts, where a patient was horribly abused by an employee and it was videotaped.

 

These incidences are not uncommon. If your loved one has been injured give us a call and we can help 441-1418.

Schwab photo

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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Phone: (559) 295-0391
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