The Weinberger Law Firm

Schedule a Free Consultation

(916)661-4464
mob-iconCall Us Now
Peerless representation.
Positive results.
banner-img-inner

What laws apply to slip and fall accidents?

The Weinberger Law Firm

by

Sometimes a slip and fall accident is harmless, but when it results in serious injury, the financial repercussions are often burdensome.

In California, there is one legal concept and two important laws that apply to lawsuits filed against a negligent property owner.

Premises liability

The concept of premises liability refers to an owner’s responsibility to maintain safe conditions on their property for all visitors with express or implied permission to be there.

Statute of limitations

The statute of limitations for a slip and fall accident lawsuit is two years for injury and three years for property damage starting with the date of the accident. If you do not file within that timeframe, the court will likely dismiss your case.

The rule of comparative negligence

Most states follow the comparative negligence rule when dealing with shared fault in a slip and fall accident. If you bear some responsibility for the accident and your injuries, the court assigns a percentage to your fault and deducts it from the awarded compensation. The two types of comparative negligence are modified and pure. California follows the rule of pure comparative negligence, which states that you may still receive compensation even if you are more liable than the defendant.

For example, if the court finds you 60% at fault for your losses and awards you $30,000 in compensation, your final award is $12,000.

When you file a personal injury claim or lawsuit for a slip and fall injury accident, you are responsible for proving that the property owner is liable for your accident and the resulting injuries.

by

The Insurance Institute for Highway Safety is a nonprofit group that gathers statistics about injuries and fatalities among motorcycle riders.

The IIHS found that in 1975, riders aged 29 and younger represented 80 % of all motorcycle fatalities. Is this still the case?

A little background

Several groups compile national statistics about motorcycle crashes, especially those that result in fatalities. According to the National Highway Traffic Safety Administration (NHTSA), the number of motorcycle fatalities is rising. In 2016, there were 5,286 such deaths, which represented 14% of all highway fatalities, an increase of 5% over 2015, and more than double the number of motorcycle-related deaths from 1995.

A different day

Although younger riders represented the group with the highest number of motorcycle-related fatalities in 1975, motorcyclists aged 50 and older suffer the most fatalities today. This group is a large part of the population; 76 million people were born between 1946 and 1964 in the United States. Older riders loved motorcycles when they were young. Then they married, raised families and focused on their careers. Now many are in retirement. Many have disposable income, and at this point in their lives are able to renew their love affair with motorcycles.

A more vulnerable age

All motorcycle riders are prone to becoming dehydrated and overheated, but older riders are more vulnerable to such issues. Their balance has changed over the years and their grip strength is less than it once was. Other physiological changes include worsening vision and slower reflexes. Motorcycle crashes can result in catastrophic injuries. However, along with a good helmet and other protective gear, taking classes to brush up on their skills helps to keep older riders from becoming a statistic.

by

If you lose your footing and injure yourself in a store, you may face a host of new challenges, such as physical pain, inability to perform daily functions like you used to, and inability to work to support your family while you heal. Even if you are not eager to bring a lawsuit and go through the legal process, you need compensation for the economic and physical toll that your accident has taken on your life. Under what circumstances can you hold the storeowner legally responsible for a slip and fall?

What makes a storeowner legally liable

The mere fact that you suffered an injury inside of a store does not automatically make the owner liable for your injury. Instead, your attorney will have to prove the existence of certain elements before you stand a chance of being successful in a lawsuit.

First, there must have been a dangerous condition. In the setting of a store, this is most often something like spilled liquid, uneven stairs, a broken railing, unstable shelves and so forth.

Next, your attorney must prove that the storeowner or their employees knew about the hazard, or that they would have known about it if they had exercised a reasonable level of prudence and care.

Finally, the storeowner’s employees must have failed to take adequate steps to mitigate the danger – such as by quickly mopping up the spill, posting signs, and otherwise warning customers of the potential danger. This is because California law imposes upon every property owner the responsibility to exercise reasonable care to keep their premises safe for visitors.

What you can recover

If you are successful in your lawsuit, you can seek compensation for your medical bills. You can also ask for damages resulting from your physical and emotional suffering, as well as any missed pay resulting from your inability to work. In rare cases, if your injury results in permanent disability, you might be able to recover for your loss of future earning capacity.

Slip and fall cases can be nasty, and can result in considerable suffering for the victim. Sometimes, pursuing a claim against the storeowner is the only way to be made whole again after the accident.

by

Riding your motorcycle under a blue sky on an open highway may be one of your favorite hobbies. You may not know all the ways that trucks or other large vehicles typically influence crashes.

Learning about the most common influences on motorcycle accidents can help you if you are in one.

Improper turns

According to the United States Department of Transportation, vehicles that make a left turn without looking can ram into a motorcycle going straight and cause serious bodily harm. Even if the motorcyclist had on a helmet and other protective gear, the accident can cause far more damage to the motorcyclist than to the driver in the vehicle.

Many truckers may make these turns while rushing to make it to their next stop on time. Since these large vehicles cannot stop quickly if there is an obstacle in the road, it puts motorcyclists at greater risk.

Lack of awareness

Drivers need to be more vigilant about checking their mirrors for approaching motorcycles, due to the motorcycle’s smaller size. If a driver is texting or looking somewhere other than the road, then he or she may sideswipe a motorcycle without warning.

People may also drive too closely to a motorcycle, which can cause a crash if you need to stop suddenly.

Speeding

While tailgating is one form of aggressive driving larger vehicles may do, speeding can also make motorcyclists nervous. Since most vehicles with four wheels can travel faster than motorcycles, cars must be careful to not cut you off in the middle of a lane or swerve wildly in front of you.

Taking into account all of these factors and actions can help motorcyclists while on the road.

by

Getting behind the wheel while being behind on a few hours of sleep is not an uncommon situation.

However, drowsy driving can lead to a serious car accident when the person rams into another vehicle on the road.

Swerving on the road

According to the United States Department of Transportation, many tired drivers tend to not have a solid grip on the steering wheel or may even take their hands off it. This happens more frequently when drowsy drivers begin to fall asleep, which often leads to the car swerving and braking erratically.

Drifting even a little bit out of your lane can cause a severe crash. You may notice someone nearing your back bumper or the sides of your car as he or she speeds up and slows down.

Sudden stops and turns

Drivers that are half-asleep can make hasty decisions because they miss a turn or exit while on the road. Once they realize the error, they may attempt to stop suddenly or change lanes without warning.

These drivers may also accidentally hit the gas or brake pedal as they accidentally drift off to sleep, which can cause their cars to enter your lane or hit you from behind. Sudden stops can also lead to an injury if you are driving behind this vehicle.

Lack of reaction

An aware driver can quickly react to people or debris on the road, but a drowsy one may crash into pedestrians or other cars without warning. Leaving reaction time in order to properly stop or turn away is important. Being drowsy while driving can endanger everyone, including others on the road.

by

Cars, trucks and SUVs are considerably larger and travel much faster than walkers, joggers and runners. Consequently, motorists must exercise additional caution when driving near pedestrians. If they do not, pedestrians are vulnerable to catastrophic and life-changing injuries.

According to the Governors Highway Safety Association, more than 6,000 pedestrians died in motor vehicle collisions in 2020 alone. To keep pedestrians safe, California law generally gives them the right of way. This means drivers must yield to pedestrians. There are some technicalities to this rule that all motorists should know, however.

Sidewalks

Sidewalks are for pedestrians and not for motorists. Still, when turning into shopping centers or driveways, motorists often must cross the sidewalk. Pedestrians always have the right of way when they are on the sidewalk. Therefore, before crossing a sidewalk, drivers must look for pedestrians. If pedestrians are present, motorists must wait until they are gone before crossing the sidewalk.

Streets

Pedestrians frequently must cross streets. Unlike sidewalks, streets are mostly for drivers and not for walkers. When crossing streets, pedestrians have the right of way when they are in a crosswalk, provided they comply with the walk and do not walk signs.

If the walk sign has a countdown, pedestrians may enter the intersection as long as they have enough time to cross the street before the countdown reaches zero. If there is no countdown, pedestrians should not enter the intersection when the do not walk sign is flashing.

While pedestrians and drivers must obey the rules of the road, pedestrians are at a disadvantage. Ultimately, if someone injures a pedestrian by failing to yield, the injured walker may have legal options for pursuing financial compensation.

by

After a car accident, your physician and loved ones may focus on helping you heal from your physical injuries. But after a serious collision, you may also experience symptoms of posttraumatic stress disorder and other emotional effects.

The American Psychiatric Association defines PTSD as a psychiatric disorder that can occur after you witness a traumatic event, like a car accident. Following the accident, it is important to take steps that can help you protect your mental health and wellbeing, especially if you develop PTSD.

Talk to trusted friends and family

It may be difficult to talk about the car accident and relive this traumatic day. But talking about what happened with a close friend, family member or therapist can help you process this event and move forward.

Stay physically active

Your physical health can directly affect your mental health and exercise can help you reduce stress and anxiety. Commit to daily exercise and active activities approved by your doctor during the recovery process.

Get back to your routine

You may feel overwhelmed at the thought of going back to school, work and your routine. Ease back into his process slowly, so you can start to feel like life has started to return to normal.

A car accident can greatly alter your life in an instant, so it is normal to struggle on an emotional level in the aftermath of the collision. Be patient with yourself as you heal and focus on recovering mentally as well as physically in the days and weeks following the accident.

by

Umbrella insurance works as personal liability insurance, covering any claim over auto or watercraft policy owners, or homeowners. This type of insurance serves a crucial purpose in protecting individuals from unique situations, such as losing a lawsuit for a greater cost than what their insurance pays.

It is important to understand how umbrella insurance works to better protect yourself, especially in situations such as car accidents which can wrack up a hellacious bill in no time at all.

What does umbrella insurance cover?

Investopedia discusses how umbrella insurance works. First, what does it cover? It essentially helps out in situations where a claim would cost more than what your insurance would pay for. Without umbrella insurance, you could get caught paying out of pocket for tens or even hundreds of thousands of dollars, depending on the claim you face.

A scenario in which umbrella insurance comes in handy includes causing an accident involving numerous cars. Getting into a crash with just one other person is often excruciatingly expensive, but what if you are on the hook for the medical bills of four, five or more people?

What are the primary benefits?

A benefit of umbrella insurance is that it covers members of your household, too. This means that even if your child is not the best driver, you can rest at ease knowing the umbrella insurance will cover them as well. Not only that, but umbrella insurance will cover you worldwide, too.

Generally speaking, everyone could benefit from umbrella insurance. But you should assess your risk factors specifically regarding whether or not you may get sued, and decide from there.

by

While your teenager may triumphantly celebrate the chance to start driving, you may have concerns about safety and inexperience. Expressing your feelings and setting clear expectations can encourage responsibility from your teenager.

A driving contract between you and your child provides a place for you to define ground rules. Within this agreement, you can also disclose consequences for non-compliant behavior.

Improve trust

Your teenager wants to know that you trust him or her to drive safely. Similarly, you want to trust your child to meet your expectations and refrain from irresponsible or illegal driving activities. A driving agreement allows both parties to clarify expectations. You can make a list of rules that your child must follow in order to retain the privilege of driving a family vehicle.

When your child minds your rules, he or she can avoid unwanted consequences. Your encouragement and praise for appropriate driving behaviors may improve your child’s confidence and willingness to follow the rules. With a mutual understanding and reciprocated respect, both you and your child may notice an improvement in trust.

Establish good habits

Driving requires vigilance and attentiveness. Even you may sometimes experience distractions that pull your attention away from driving. According to the Centers for Disease Control and Prevention, some risk factors your teenage driver may encounter include the following:

  • Driving in the dark
  • Driving under the influence
  • Driving too fast
  • Driving while distracted
  • Driving without a seatbelt
  • Driver inexperience

Setting concrete consequences for participating in such behaviors may encourage your child to establish good driving habits. These positive behaviors, when developed at a young age, can have lifelong benefits for your child.

Periodically discussing the effectiveness of your driving agreement can help you verify that it continues to provide optimal benefit for you and your child.