Defendants raise a number of defenses in personal injury cases in order to prove that they are not negligent. Three of the most common defenses to a negligence cause of action are: The defendant owed no duty of care to the plaintiff Often defendants will try to claim they had no duty to act in [...]
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California law defines ordinary negligence as the failure to use reasonable care to prevent harm to oneself or to others. A person is negligent if he or she: Does something that a reasonably careful person would NOT do in the same situation, or Fails to do something that a reasonably careful person WOULD do in the same [...]
Under California personal injury law, people often owe a “duty of care” to others. The duty is often created by law — for instance, teachers and daycare centers have a duty to look after children who have been left in their care. Drivers have a duty to obey traffic laws so as not to create [...]
In order to recover damages in a personal injury case in California, a plaintiff generally needs to prove three things: That the defendant owed the plaintiff a duty of care; That the defendant breached such duty through negligence; and That the defendant’s negligence was a substantial factor in causing the harm (“causation”).1 A person is negligent when he or she fails to act the way a reasonably [...]
If I am injured by a drunk or intoxicated driver do you have to wait for a conviction for the right to sue for damages?.admin5752022-01-04T10:23:56-08:00
No, the perpetrator does not need to be convicted of a DUI before a civil lawsuit can be filed. Potential plaintiffs include passengers in the DUI driver’s vehicle, occupants of other vehicles, and pedestrians.
This new law creates two rebuttable presumptions that COVID-19 illnesses contracted by specific categories of employees are work related and therefore eligible for workers’ compensation, including medical treatment. The first presumption applies to COVID-19 workers’ compensation claims filed by peace officers, firefighters, first responders, and health care workers. The second presumption, for employers with five [...]
The employers policies, that have been clearly communicated, should address this. Educating your workforce is a critical part of your responsibility. Local and state regulations may address what you have to do and you should align with them.
If a worker believes they contracted COVID-19 at their workplace, they have a right to workers’ compensation benefits. You should encourage workers to notify their employer and file a workers’ compensation claim if they think they contracted COVID-19 at work.
Taking the trial court's decision to its logical conclusion, any person (not just a family member) who contracts COVID-19 from an infected employee would be able to bring a tort lawsuit against the employer,
Settlement is faster, less expensive, and less risky. Most personal injury cases settle out of court, well before trial, and many settle before a personal injury lawsuit even needs to be filed. Settling out of court can provide a number of advantages over litigating a case through to the (often bitter) end.