Personal Injury

June 1, 2023

California’s Premises Liability: Holding Property Owners Accountable for Personal Injuries

California’s premises liability laws impose a legal duty on property owners to maintain safe conditions on their premises. When someone is injured due to a hazardous condition on another person’s property, they may be entitled to compensation for their injuries. In this article, we will explore California’s premises liability laws and shed light on how they protect individuals who have suffered personal injuries on someone else’s property.

Under California law, property owners have a duty to maintain their premises in a reasonably safe condition for visitors and guests. This duty applies to various types of properties, including residential properties, commercial establishments, public spaces, and more. When a property owner fails to fulfill this duty and someone is injured as a result, the injured party may be able to pursue a premises liability claim.

Premises liability claims typically involve slip and fall accidents, inadequate security leading to assaults or injuries, dog bites, or other injuries caused by dangerous conditions on the property. To establish a successful premises liability claim, the injured party must prove that the property owner was negligent in maintaining the property, that the negligence was a direct cause of their injuries, and that they suffered damages as a result.

May 6, 2023

California Personal Injury Claims: Understanding Your Rights and Options

by Neumann Law Group

Personal injuries can be life-altering events that cause significant physical, emotional, and financial distress. In California, individuals who have been injured due to the negligence of others have the right to pursue compensation for their injuries through a personal injury claim.

There are many different types of personal injury claims that can arise in California, including car accidents, slip and falls, dog bites, medical malpractice, and more. In order to pursue a personal injury claim, the injured party must be able to establish that the other party was negligent and that this negligence led to the injury.

The first step in pursuing a personal injury claim in California is to establish negligence on the part of the defendant. Negligence refers to a failure to exercise reasonable care that results in injury or harm to another person. In order to establish negligence, the plaintiff must prove that the defendant had a duty of care to the plaintiff, breached that duty of care, that the breach of duty caused the plaintiff’s injuries, and that the plaintiff suffered damages as a result of the injuries. Common examples of negligence in personal injury cases include car accidents caused by distracted driving, slip, and fall accidents caused by unsafe premises, and medical malpractice caused by a failure to provide appropriate care.

April 16, 2023

California Personal Injury Cases: Trends, Challenges, and Legal Responses in the Golden State

by Neumann Law Group

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California is one of the most populous and diverse states in the US and is also known for having some of the most complex and challenging legal systems in the country. In recent years, California has seen a significant increase in personal injury cases, which has raised concerns among lawmakers, insurance companies, and legal professionals. In this article, we will explore some of the trends and challenges in California’s personal injury law, as well as some of the legal responses that are being proposed to address these issues.

Trends in California Personal Injury Cases

One of the primary trends in California’s personal injury cases is the increase in car accidents and other types of accidents that result in bodily injury. According to the California Highway Patrol, there were over 188,000 injury accidents in the state in 2020, resulting in over 272,000 injuries and over 3,200 fatalities.

January 25, 2023

Disneyland Sued Following Tragic Jungle Cruise Accident

by Neumann Law Group

6089-300x300 The family of a woman injured in an accident on a Disneyland attraction has filed a wrongful death lawsuit against the Walt Disney Company, claiming that complications from the injury led to her untimely death.

According to the Orange County Register, 66-year-old Joanne Aguilar was injured on the park’s Jungle Cruise attraction. In April 2021, the woman, who was wheelchair-bound, visited Disneyland with her two adult daughters. She wanted to go on the Jungle Cruise, but was told a wheelchair-accessible boat was not available at that time. Ms.Aguilar managed to get on a standard boat but had difficulties trying to get out. She lost her balance and fell backward, breaking a leg. After undergoing surgery, she spent five months in a rehab facility. While there she got an infection, went into septic shock, and died in January of last year.

The lawsuit alleges that the septic shock was a result of the surgery, which was due to the attraction injury, therefore Disneyland should be liable for their damages. The family is seeking compensation for “all past economic damages,” including medical costs, burial and funeral expenses, attorney fees, and any other incidental damages.

January 23, 2023

Is damage valuation important after truck accidents in Long Beach California?

by Neumann Law Group

California – January 18, 2023

Catastrophic damage may involve invisible injury.

Accident victims should seek medical counsel after an accident regardless of obvious personal injury. In many cases, a person who does not believe they were injured and has no injury noted by the naked eye, may have sustained considerable damage, including brain injury, spinal injury, or other internal damage especially when involved in a truck accident as the size discrepancy may cause catastrophic damage. Medical personnel must run diagnostic testing to determine if the accident victim has been cleared of these possible injuries. Traumatic brain injury, concussions, or other brain conditions should be ruled out after a car accident to prevent further harmful losses to the victim.

January 4, 2021

New recalls of dangerous tree trimming products

by Neumann Law Group

imgonline-com-ua-twotoone-pBIySkCoGqFPV-300x151 Two major recalls of tree trimming devices were issued by the United State Consumer Protection Commission (“USCPC”) on December 9, 2020, affecting over half-a-million devices sold by Fiskars Brands, Inc. and Black and Decker, Inc. under its Craftsman brand. Both products are designed to allow the user to trim tree branches otherwise inaccessible without a ladder or lift.

The first recall involves approximately 467,000 Fiskars 16 foot Extendable Pole Saw/Pruners. The device consists of a telescoping pole that can be adjusted between 7’ and 16’ and a head with a pruner and a hooked wood saw. The pole is improperly designed such that it can separate while the device is being used. The saw blade and pruners can then call down on the user, potentially causes serious injuries. As of the date of the notice, multiple consumers reported lacerations requiring stitches from the device’s failure.

Pruner-300x88 Fiskar’s product was available for purchase between December 2016 and September 2020 for $100 (Model No. 9463) or $65 (Model Nos. 9440 and 9441). They devices were widely available at home improvement and hardware stores, as well as online direct from the seller at fiskars.com. Consumers are directed to stop using the product immediately and contact Fiskars Brands. The company will provide instructions on disposal of the defective device and provide a new one free of charge.

November 9, 2020

Who is responsible when a pedestrian is hit by a car?

by Neumann Law Group

Pedestrian-228x300 Car accidents can cause serious injuries, but when an automobile strikes a pedestrian, it is almost always catastrophic. Even when the vehicle is traveling at a slow rate of speed, it can cause life-altering injuries when it strikes a human being. The average midsized sedan weighs about 3,300 pounds, or a little over one-and-a-half tons (in case you’re wondering why trucks are categorized as “half-ton” or “one-ton” trucks when the average sedan weighs more than one-and-a-half tons, the truck category is referring to its payload capacity). A fundamental principle of physics is that the heavier an object is and the faster it is traveling, the more violent the impact will be when it collides with another object. This is why a pedestrian accidents are so devastating. Who pays for the medical bills, lost wages, and pain and suffering of the injured pedestrian?

The answer to this question requires first determining who was at fault for the accident. In legal terms, the pedestrian seeking compensation must establish the ‘liability’ of the driver. The question of liability is usually first evaluated by the law enforcement personnel responding to the accident—however, their conclusions are not final.

When a pedestrian is severely injured by an automobile, the local police department, sheriff’s department, or highway patrol will prepare an accident report. Someone from the responding agency will interview the parties involved, to the extent they are able to answer questions, as well as any witnesses. They will also retrieve any video footage of the accident, which is not uncommon, given the ubiquitous nature of close circuit security recordings. An experienced investigator will survey the area for any cameras that happen to capture the area where the accident happened, as well as the surrounding areas. Even if there is no footage of the vehicle striking the pedestrian, there may be video from a block or two away showing unsafe speeds or other erratic or dangerous behavior.

March 20, 2020

Cruise Ship COVID-19 Corona Virus Infections May Entitle Passengers to Financial Compensation

by Neumann Law Group

Cruise-Carnival-300x169 For decades, cruise lines have been the subject of lawsuits arising out of bacteriological and viral diseases that caused by the negligent implementation of anti-infectious disease measures. Noroviruses, Legionella organisms, salmonella, shigella, and Escherichia coli have all turned a boat packed with festive vacationers into floating public health disasters. Now, some of the world’s largest cruise lines have been infected with COVID-19, which has not only created devastating epidemiological consequences for the ship’s guests, but due to a failure in planning, have turned vessels with over 5,000 passengers into international refugee camps.

By failing to disclose the dangers of boarding a cruise ship during a burgeoning pandemic and failing to make suitable contingency plans in the event of a ship wide contamination, cruise ships have been forced to dock outside of nations that are unwilling to admit hundreds of infected passengers within their borders. The passengers are left afloat without proper medical care, adequate medication, or the support of their families.

Most charts tallying COVID-19 infections by country also include a line for “International Conveyance.” This is legal parlance for the cruise ships that served as incubators for the novel coronavirus. The Diamond Princess alone had 700 infections—at one point exceeding every other country outside of China. Sadly, seven of those infections have resulted in death.

December 3, 2019

Who is responsible when a shooting victim seeks compensation for their injury?

by Neumann Law Group

rifle-with-smoke-200x300 Regardless of one’s personal beliefs about firearms, no one disputes the power and energy in a fired bullet. When a human is struck by a fired round, the consequences can be catastrophic. When someone injures another person by shooting them unlawfully, the criminal justice system can mete out appropriate punishment, but punishment alone does not make the victim whole. Moreover, where an individual is shot by accident, the criminal justice system many not engage judicial process at all.

Whether intentional or accidental, those suffering gunshot wounds may need to turn to a civil lawsuit in order to obtain compensation. However, questions remain about what legal theories are available and who can be held responsible?

If someone intentionally shoots another person, or if the shooter acts with reckless disregard for the safety of others when discharging a firearm, it can be a crime—except under certain circumstances, such as justified self-defense. A judge will typically order an individual convicted of unlawfully shooting pay restitution, together with the prescribed incarceration and fines. However, restitution may be limited to medical bills and other economic loss without taking pain and suffering into account. Under these circumstances, a civil lawsuit for the same shooting may be necessary to be fully compensated.

November 12, 2019

Growing safety concerns are taking a toll on foundering Juul Labs

by Neumann Law Group

Vaping-Cloud-300x225 In December of 2018, Altria, manufacturer of Marlboro products and one of the largest tobacco companies in the world, made a risky play and took a 35% interest in the vaping company Juul Labs at a cost of $12.8 billion. Over its three years of existence, Juul had climbed its way to become the dominant e-cigarette company, claiming 75% of the quickly emerging market.

On October 31, 2019, Altria cut the book value of its investment by $4.5 billion amid growing concerns about the safety of vaping. Governmental agencies have initiated investigations into several areas, including rampant use of vaping products by teenagers, concerns about health risks unique to vaping, and a string of deaths that some are attributing to vaping products. Juul has also found itself defending against several lawsuits, which are likely the opening salvo in a barrage of similar suits.

One lawsuit is a claim of whistleblower retaliation. Siddharth Breja, Juul’s former vice president of global finance, alleged the company had shipped over one million contaminated mint e-liquid pods to retailers. Breja alleges executive management refused to issue a recall despite his urging.