Premises Liability

July 4, 2023 by The Weinberger Law Firm

We all know that we need to have certain types of insurance, and our agents tell us that we should have other types, but how do we know what insurance we really need? Lucky for you, we understand your situation and have taken the time to provide you information on important lines of insurance that everyone should carry.

Premises liability insurance is generally included in a homeowners insurance policy, or a commercial General Liability policy package, and covers owners for liabilities related to their ownership of real property. It is important to note that premises liability falls under a general liability policy, and policyholders will only be covered for damages related to bodily injury and property damage (“BI / PD”) and personal injury (PI). Contact a personal injury lawyer for any specific questions you have.

Common Premises Liability Claims

Dog Bites and Other Animal Related Injuries – Pet owners are liable for the injuries that their animals cause to others regardless of where that injury takes place, but if that incident takes place at your home, your premises liability coverage on your homeowner’s policy is designed to provide coverage. As long as your policy does not contain a dog bite exclusion, you will be able to make a valid insurance claim – it should be noted, however, that some policies will have a special exclusion that excludes certain breeds, such as a Pit Bull, Rottweiler, or German Shepherd. It is always important to pay attention to the exclusions on your policy.
Slip and Fall Injuries – There are different codes and regulations set for the maintenance and construction of buildings and property, and these rules are made to protect the people who need to use that property. When a property has fallen into disrepair or a known danger is ignored and not corrected, the property owner will be held liable if someone is hurt as a result. Your general liability insurance policy should cover this – these are the most common premises liability claims
Discrimination Damages – In the same way there are codes and regulations to ensure the safety of a property, there are rules in place to make sure that buildings and businesses catering to the general public are inclusive to all patrons. This means that individuals with disabilities must have adequate accommodations allowing them to use the facility. This is why businesses and government buildings all have wheelchair ramps and disabled bathrooms and parking made available. Individuals who ignore the codes and regulations open themselves up to possible Americans with Disabilities Act (“ADA”) lawsuits. A general liability policy (which will include premises liability) could provide coverage in this scenario, as long as the damages being sued for are BI/PD or PI, which is not always the case. If the plaintiff is an employee, your general liability policy will not cover those damages.

If you have been injured on someone else’s property as a result of poor maintenance, design, or general irresponsibility, please call a personal injury lawyer for a free consultation today! We are experts in the field and are here to help you through this challenging time.

July 4, 2023 by The Weinberger Law Firm

Due to the heavy machinery and other hazards, construction sites can be extremely dangerous if workers, employers, and pedestrians are not careful. If you have been injured in a construction accident, it is imperative you speak with a skilled personal injury accident attorney who can evaluate your case and view your options. Below are some of the frequently asked questions regarding construction accidents.

What should I do if I were in a construction accident?

The first thing you should always do with every accident is to seek medical attention if your injuries are serious. Then you should report the accident and speak with either your supervisor or employer. Workers compensation typically requires a visit to the hospital which is helpful evidence in your workers’ compensation case.

Who can I sue if I was injured at a construction site?

You should be able to sue any person who is at fault for your injuries other than your employer. Your remedies against your employer are limited to workers’ compensation. But your remedies against a general contractor or owner may be limited to cases where you can prove active negligence on behalf of these parties.

Can I file a lawsuit against 3rd parties even while collecting workers’ compensation?

Absolutely. If you can establish that somebody other than your employer acted negligently and caused or contributed to your injuries, you can still bring a lawsuit upon them. However, workers’ compensation carrier may be entitled to get some or all of their money back out of your recovery against the other responsible parties.

What are some causes of construction accidents?

Some of the more common causes of construction accidents are:

being run over by a tractor, cement truck or other large construction vehicles
crane accidents
electrical accidents
equipment accidents
explosions and fires
falls
lack of safety equipment and/or failure to comply with Occupational Safety & Hazard Administration (OSHA)
scaffolding accidents
trench collapses
welding accidents

What are the most common construction site injuries?

Because there is a variety of different types of accidents that can occur at a construction site, the injuries can vary as well:

burns
traumatic brain injuries
spinal cord injuries
cuts and lacerations
broken bones
loss of limbs

What if my employer is at fault for causing my injuries?

If your employer is at 100% fault, you are unfortunately out of luck. Your remedies are limited to workers’ compensation. If your employer is not 100% at fault you can sue any third parties that were involved. If your employer’s negligence was a major cause of your injury, you may be able to collect against the other responsible parties and not have to pay back the money awarded to you.

What if I was the one responsible for the accident?

If your own negligence was the only cause of your injuries, then you will not receive any money in a legal case. However, California is a comparative negligence state and a plaintiff can still recover money for their damages if there is at least one other party at fault. However, the amount of money is reduced by the amount of your own negligence.

What kind of compensation will I be awarded?

No accident is ever the same so it depends on the nature of the accident, your injuries and who was at fault. It’s a very tricky thing to determine how much money you might receive for compensation so consulting with an attorney who is skilled at such calculations would be a good choice.

What if I was injured while visiting or walking by a construction site?

If you were on or near a construction site but not working, you can sue any party who is responsible for your injuries including the owner, general contractor, and subcontractors. This duty is owed to you even if you are an uninvited guest at the site. Anybody who has control of the site owes you a duty of care.

What if my employer doesn’t carry worker’s compensation insurance?

If you suffered a serious injury and your employer doesn’t have workers compensation insurance, you are actually in a much better position. Under the law, if an employer does not carry worker’s compensation insurance, you are allowed to sue the employer in a civil case, just like you can sue any other defendant plus liability which is easier to prove. You will be entitled to full compensation for your injuries rather than the worker’s compensation recovery.

What if I was working as a subcontractor?

This gets tricky. The owner or the general contractor may be found liable to workers at the site for failing to use ordinary care to provide them with a reasonably safe place to work, warn of dangers and keep the site in a reasonably safe condition.

How long do I have to file?

Whether you file for a worker’s compensation or a personal injury claim, you shouldn’t wait to speak with a lawyer and file a claim. Your employer must file a worker’s compensation report within days of your accident. Following that, the sooner you are able to apply for benefits the better, as the process can be long. Personal injury claims have a deadline of 2 years so do not wait to speak with an injury accident attorney.

Do I need an attorney?

If you’ve been injured while being on a construction site, an experienced injury accident attorney is best to help you navigate through the complicated legal process in obtaining any compensation you deserve. Don’t wait to speak with an injury accident attorney if you’ve been injured.

July 4, 2023 by The Weinberger Law Firm

Dog bites account for a surprising number of visits to the hospital. In fact, dog bites occur every 75 seconds and over 1,000 Americans require emergency medical treatment every day due to a serious dog bite injury. Each year, almost 10,000 US citizens are hospitalized due to dog bites. The average cost of a hospital stay resulting from a dog bite injury is $18,200, 50% more than the cost for other injuries. It is estimated that dog attacks cost the American people over $1 billion every year. For that much money, it’s definitely worth having an understanding of dog attacks by speaking with a Sacramento dog bite injury lawyer.

Since the mid-1980s, when pit bulls began entering the general population, over 1,000 US cities have implemented breed-specific laws. It may seem unfair that specific breeds are regulated due to what may seem like a species-wide problem, but statistics show there are certain breeds with a much higher tendency towards aggressive behavior.

Pit bulls have long been subject to these rules and regulations, and many individuals feel they have been unfairly targeted. Just recently, the city of Montreal passed a ban on acquiring pit bulls and fines and regulations for current owners. This resulted in a public outcry in both Canada and the US. Many claimed it was a baseless ban based on “how a dog looks.” Unfortunately, as we will see below, it may not be so unfounded.

Breeds Ranked by Most Violent

The below information is based on a far-reaching data analysis from information regarding dog attacks, deaths, and maimings in the US and Canada from September 1982 to December 2014. Attacks by police dogs, guard dogs, and dogs specifically trained to fight are not included in these statistics. “Maiming” indicates an attack resulting in permanent disfigurement or loss of a limb. “Attacks doing bodily harm” includes fatalities, maimings, and other injuries requiring extensive hospital treatment. If you or someone you know has suffered severe injuries due to a dog attack, speak with a Sacramento dog bite injury lawyer immediately.

The following table lists dog breeds by the number of attacks. The column furthest to the right shows the percent of each breed in the general population. This is an important figure because it puts into context the number of attacks. For example, if pit bulls were 50% of the dog population, the outright number of attacks by that breed would be less significant.

As is obvious, pit bulls are responsible for a huge number of attacks on humans. They only make up approximately 6% of the total US dog population, but constitute over six times the number of attacks than the next breed on the list. This is hugely disproportionate and speaks volumes as to the breed’s violent tendencies. It is also worth noting that most breeds have a tendency to attack children more frequently than adults, with the exception of pit bulls and similar breeds.

Though one may feel it is less acceptable for a dog to attack a child than an adult, it is important to recall the way in which these two groups differ in their behavior with animals. Children are much more likely to play with dogs generally, have less understanding of a dog’s body language, and are more likely to behave in a manner that upsets or frightens a dog. They also are smaller and less intimidating and thus are easier targets. As a parent, it’s important to be aware of these different behaviors and take proactive measures accordingly. Speak with a Sacramento dog bite injury lawyer if your child has been attacked or if you want to learn more on how to prevent an attack.

The distinct pattern of pit bulls, bull mastiffs, and boxers to attack adults and children alike shows a diminished inhibition for attacking a victim that may attack back. Pit bulls and bull mastiffs are also known to attack seemingly without warning, and it doesn’t help that pit bulls are often without a full tail with which to communicate.

Comparatively, German shepherds, wolf hybrids, and huskies exhibit the opposite attack pattern. German shepherds are herding dogs and thus have an extremely strong protective instinct. They have three distinct bites: the guiding nip; the grab-and-drag; and the reactive bite. The first two of these are used to herd sheep and to navigate pups and are often misconstrued and result in more damage than intended. The reactive bite is usually after several attempts to communicate the dog’s intent such as by growling and barking.

Though specific breeds may be responsible for a higher proportion of reported attacks, this does not mean every animal of that breed is inherently bad or violent. It is important not to generalize and to realize that personalities and environment have an effect on a dog’s temperament.

A Sacramento Dog Bite Injury Lawyer Is Here to Help You Through Your Dog Attack Case

If you or a loved one has been the victim of a dog bite, you may be entitled to compensation. The best way to increase your chances of getting the compensation you deserve is to contact a professional and knowledgeable Sacramento dog bite injury lawyer as soon as possible. The Weinberger Law Firm has the resources and expertise to aggressively litigate your case in court. Give us a call now at (916) 357-6767 for a free consultation.