Ehline Law Blog


Jan 1, 2019

Limb Loss and Rehab

Dictionary
Dictionary definition of the word "Justice" in English. Shallow DOF.
Dictionary definition of the word "Justice" in English. Shallow DOF. Adapting with Help Dismemberment is one of the most challenging injuries for a person to undergo. Whether there is a full shear of a limb due to injury, disease, or drug reaction, the after-effects are all severe and life-altering. When faced with such an issue, many victims do not know their legal rights. So they have no idea what they should be doing next. Strong legal counsel is often vital for the next stage of recovery, both medically and financially. We hear horror stories from lobbing victims who still think they have their limb, and say they can feel it still. These poor souls are going through some terrible times, indeed. Severe Side Effects The price of the loss of a limb is far steeper than that shown upfront. Beyond just the absence of that limb, the person will face years of rehabilitation and the possible need for long-term medical treatment and nursing care. There could be severe side effects and infections that could arise as well as the mounting medical bills. All of this can be overwhelming for someone just involved in a terrible accident. The need for an attorney to help sort through these many problems is apparent. The aftermath is a long and costly process that the patient must go through. Because of this, victims must become educated about the restrictions the amputation will cause them. And they must also cope with the long-term effects of the injury or surgery. Also, the actual amputation or surgery dealing with the event may be extended and intensive. And post-op requires special care to allow the fitting of a prosthesis. Need for Extensive Treatment. After surgery, extensive physical therapy and continued medical treatment will be needed. And this is particularly true since the patient is dealing with the condition for the first time. This person now has to deal with learning how to function, drive, and work. And this is all new without a valuable limb. So they will need to work through issues for years. When faced with all of these factors, you are not alone. Not only are the doctors and nurses there to try and make the transition easier, but an experienced attorney can also assist in dealing with many of the long-term ramifications. They can help in countering the party, possibly at fault for your injury or dealing with your insurance company. For More Information. Call Ehline Law for a free consultation to assist in this troubling time. Most of all, make sure and do a lot of research before giving statements as to the cause of loss. After all, insurance companies are notorious for using statements made by victims against the victims at a later date. It is easy to say something out of context that will harm your case later on. The rehab is always better when there is significant money to pay for it. Therefore, most lawyers will advise the victims to never speak to anyone about how the injury occurred, unless it is through their attorney. Citations: "Standard of Care: Lower Extremity Amputation" - BRIGHAM AND WOMEN’S HOSPITAL Department of Rehabilitation Services - Physical Therapy: https://www.brighamandwomens.org/patients_visitors/pcs/rehabilitationservices/physical%20therapy%20standards%20of%20care%20and%20protocols/general%20-%20le%20amputation.pdf

Jan 1, 2019

See The Video: Biker Gang Attacks Man, Wife, Child

The Shocking Video Overall, motorcyclists are some of the most law-abiding people on the road at any given time. Motorcyclists are involved in many charity efforts and helping veterans. Their contributions to society are just a small number of what the true bikers do for the United States. However, as with any organization or group of people, there are examples of rotten people. Fortunately, they are the exception to the rule. Watch the chilling footage below to see one such case. The footage shows the results of one confrontation. Fortunately, these types of incidents are rare and do not reflect the overall state of bikers today. This video shows many of the concerns regarding motorcyclists. These are concerns for both bikers and others. Additionally, these demonstrate the difference between the average rider and a gang. Gangs are increasingly rare across the country and are the exception rather than the rule. Luckily this attack was caught on tape. A dashcam is a valuable tool. Such evidence is especially helpful if a driver needs to establish blame for an accident. This evidence also can deter an angry driver if they see the film. This evidence is why a helmet camera is such a valuable asset. The injured party can contact the police with that information. It is also crucial for attorneys to establish the cause or causes of any incident and assign responsibility. Insurance companies also seek such information. In short, there are many ways these cameras help you. The Next Steps? Regardless of the circumstances, a motorcycle injury attorney is a key to your recovery. The Ehline Law Firm Personal Injury Attorneys, APLC, is among the top vehicle accident offices in California. They can discuss your legal options with you and offer any help necessary. Call or email us for more information or to set up a free consultation. Our team works on contingency and don't ask for a cent unless we recover for you. We've helped hundreds of clients make their lives whole again. Let us do it for you, too.

Jan 1, 2019

Not Wearing a Motorcycle Helmet Can Mean Disaster in Court?

traffic accidents with skid marks on road. photo icon.
An accident with a motorcycle. Traffic accident with skid marks on the road photo icon.
Can you even get money or a lawyer if you failed to wear a helmet during a Los Angeles, California motorcycle accident collision?

Jan 1, 2019

Ehline Law's Participation in November M.A.D.D. Carlsbad "Walk"

M.A.D.D. Walk like Madd charity.
Walk like Madd supporters. Ehline Law Firm.
Walk like Madd supporters. Ehline Law Firm. As a result of deaths, Mothers Against Drunk Driving has been one of the country's most stalwart organizations fighting against drinking and driving. MADD's commitment by thousands of volunteers that did their part. They raised awareness, taking part in events, and using their influence to prevent drinkers from taking the wheel. Every event MADD puts on can save lives. This year's Walk Like MADD in Carlsbad took place on Saturday, November 7th at the Westfield Carlsbad. The timing was bittersweet, as it followed the fatal crash that killed two family members near Scripps Ranch, as reported by Fox 5. The alleged drunk driver faces up to 21 years of prison time. Southern California personal injury and auto accident attorney Michael Ehline took part in this year's march. We raised awareness of the immense suffering such reckless behavior can bring. The Carlsbad event featured an opening ceremony which released doves in remembrance of accident victims and survivors. There was also a 5k walk which helped raise awareness of the effects of such accidents. Chick-fil-a generously donated food, and the walk was followed by a fundraiser to help the organization function. There was probably one of the most moving tribute exhibits as well. It was there honoring victims of DUI accidents. "It was a great honor to take part," Ehline said, "I hope that this will lead to a day when there is no drunk driving. I can always find a new line of work" Bronze Sponsor of MADD Personal Mission For Car Accident Attorney Ehline Unfortunately, for Ehline, the walk was a personal one. Of particular interest, Ehline is a physically challenged former Marine. Thus he has seen the results of young Marines drinking under the influence personally. Working with dozens of clients injured by drinking and driving is never easy. Finally, sometimes Michael works with families of a fallen victim. These are people killed due to such a crash. So he has seen the turmoil and emotional trauma repeatedly. "We all have a role to play, and it can start here," he said, tying up his shoes for the walk. Additionally, the crowd was electric and helped lead the fight against drinking and driving. That's something Michael Ehline won't soon forget. We are sure you will want to join us next year. Hence, for more information, please contact the Ehline Law Firm at (760) 517-9022. So reach out to Ehline on Yelp! Review the company for the "consumer experience" as an event sponsor. Feel free to do so here.

Jan 1, 2019

What is the Best Harley Davidson for Short Riders?

Motorcycle riding
Motorcycle riding
What Harley Should I Buy if I'm Short? Motorcycle riding Many men that ride bikes do so for a variety of reasons. Some just like the wind in their hair (under the helmet, of course.) Others love the Biker culture. Some do it for attention. Others do it as a hobby. No matter what the reason, safety is a top concern. And rider safety is why the type of Harley you ride is so key. Furthermore, this is especially important, depending on the height of the rider. Some bikers don't want to admit they're short. It's understandable. However, certain bikes are better for certain body types. Most of all, avoiding an injury while riding a motorcycle should always be at the top of your checklist. And being able to straddle a bike and touch both boots to the ground without having to lean the bike is super essential in avoiding injuries. Motorcycle.com is very clear on the subject. There are plenty of options for shorter riders. Some are Harleys, and others are just as good. Some of the other brands that make sense include the Honda CTX700, which offers excellent handling for shorter riders. Others include the Kawasaki Ninja 300. Looking Out for Harley Specific Bikes? I get it. If Japanese bikes are not your thing, there are plenty of other options out there for you. American choppers, such as the Harley Davidson, are available. Even the Harley forums bring up the subject and opportunities for more vertically challenged adults. A Harley Nightrod offers one option, depending on the arm and leg length of the rider. Furthermore, both Dynas and Softails provide options for shorter riders. Low riders, in general, allow some more flexibility for such a small rider. Each one of these choices offers advantages and drawbacks for the rider. So they don't allow you the ability to choose between the best of both worlds. More experienced riders can use these suggestions in choices for their next purchase. But for those less experienced bikers, following these tips means you are less likely to get into accidents or face issues through ignorance. But do your own research. The road is a dangerous enough place for motorcycles. So make sure that you have the right rig to ensure the safety of yourself and your family. It's just common sense.

Dec 31, 2018

Statute of Limitations for Filing Lawsuits in California Courts

Statutes impose limitations illustration
Pictured above is the word "limitations" and a picture of a smiling attorney. She is thinking while standing in front of a futuristic black and blue background.
Attorney provides a comprehensive schedule of the updated Statutes of Limitations for various legal actions in California Courts.

Dec 27, 2018

How Can Child Seats Can Make a Difference on an Airplane?

Commercial plane aloft in a thunderous, blue and orange sky
Aircraft flying in the night sky of lightning.
Aircraft flying in the night sky of lightning. You might not think about it very often, but your child's car safety seat is a bit of a wonder. It allows for small children to ride safely despite their small size. It also brings a firm harness and snug grip to prevent severe issues. There are a variety of potential solutions out there if you can use them on your flight. Often it has to do with buying an extra ticket to fly, so in some cases, your mileage may vary. However, these tips intend to get you the safest possible flight experience. For this and more info, keep reading our column by the Ehline Law Firm Personal Injury Attorneys, APLC. Our firm represents hundreds of car and flight accident victims. We continuously research the most effective ways to keep travelers safe. Car Seats vs. the Lap Belt? Many people with young kids elect to keep them on their lap. Sometimes it's out of convenience. Sometimes it is because they cannot afford another seat. Regardless of the cause, it is not the safest option out there for parents. When flying with a young child, this idea should be considered strongly before buying your first ticket. The FAA does approve several car seats for flight uses. It is recommended by airlines that these children stay in these seats during the entire flight. If they're under two years old, the FAA recommends they remain in a rear-facing seat. In some cases, this may include kids up to 3 or 4. Other flights offer FAA-approved harnesses for young kids to make sure that they are safe on the journey. Ensure that your car seat has the FAA approval sticker to make sure that they are ready for such a long flight. Each option is one that might keep your child safe in times of turbulence or engine trouble. Make sure you take the safest route-- for their sakes.

Dec 15, 2018

Marine DI Motorcyclist Honored After His Death for Saving Two Commuters

DI Hero Awarded Posthumously.
Hero Marine dies in motorcycle crash.
Hero Marine dies in motorcycle crash. Heroism in Tragedy SAN DIEGO, CA — Most of our viewers know that Michael Ehline attended MCRDSD as a young Marine recruit. As such, Michael is a motorcycle lawyer, motorcyclist and avid supporter of all things Marine Corps. So when he heard about the death of San Diego-based Marine Corps. Drill Instructor Sgt. Gary Wilson's motorcycle riding death, he took it especially hard. "What is so sad," said Ehline, is: "He rescued two women in a fiery car crash earlier in the year, and then met his own fate in a Freeway crash on the same motorcycle he used when he rescued those two ladies who certainly would have burned alive." DI Sergeant Wilson hailed from Fairfield, Connecticut. After saving the two women, he was recommended for a Navy and Marine Corps Medal. This is the highest noncombat military decoration for heroism awarded by the Department of the U.S. Navy. The facts relate that Wilson died in a motorcycle accident on the I-15 in Temecula, November 16, 2018, just a few days ago! After he passed away the award was granted posthumously. How Did Drill Instructor Sergeant Wilson Earn the Award Commendation? As discussed, Wilson earned his award in recognition of saving two ladies on state Route 163 in the Miramar last summer, Sept. 18. Wilson, 33 years old at the time, was operating his motorcycle, Northbound on the San Diego Freeway. The DI approached the scene of two car crash with one vehicle burning and the other under threat of a brush fire. The brave Marine pulled two women from the desolation at great risk to himself. Typical of Marines, he ran to the sound of the danger. The good news is that he survived at that time to fight another day.  But then he died in a motorcycle crash later. Sad story indeed. During the Wilson's memorial service, the C/O of the 3d RTBN, USMC, Lt. Col. David Becker, said that Sergeant Wilson had “positively affected thousands of lives.” Light Colonel Becker went on to say: “Former President Ronald Reagan once said that some people spend an entire lifetime wondering if they made a difference in this world,” Becker said. “Marines don’t have that problem, and Sergeant Wilson doesn’t have that problem.” Ooohrah to that Lt. Colonel Becker! What Does Sgt. Wilson's Posthumous Commendation Say? In part, the citation reads: “Without regard for his own safety and at great risk to his life from the quickly spreading flames, intense heat, smoke, and the possibility of explosion, Sergeant Wilson broke the passenger side window with his elbow, reached his body into the burning and smoke-filled car, and pulled out the trapped woman,” the citation reads. “Moments later, the car was engulfed in flames. Wilson then returned to the second car. After finding the doors stuck and the woman driver trapped by airbags, and the brush fire encroaching, he pried open the door, pulled out the woman, and carried her to safety. “By his courageous and prompt actions in the face of great personal risk, Sgt. Wilson prevented the loss of life, thereby reflecting great credit upon himself and upholding the highest traditions of the Marine Corps and the United States Naval Service.” How Can You Donate Money to DI Sergeant Wilson's Surviving Family? We are still looking for a Go Fund Me page. But we do know you can reach out to The West Coast Drill Instructors Association. They have already donated a brick displaying Wilson’s name so it can be added to the Drill Instructor Monument at the recruit depot near Lindbergh Field. In fact, this is near Wilson's original duty station. If you cannot find a place to send his family donations, Michael Ehline said he is willing to assist in any way he can to make that happen for them. "Marines help Marines, that's what we do," Ehline said. He Will Be Missed! Wilson was an enlisted Marine. He joined the Corps in March 2010. Wilson served in Okinawa, Japan, and at Camp Pendleton. He also has a global war on terrorism ribbon, among others. The Marine became assigned to MCRD as a drill instructor back in March 2016. His other awards include two Good Conduct Ribbons, three Sea Service Deployment Ribbons, and a National Defense Service Medal. He met his end in a motorcycle crash. Marines use motorcycles because they are cheap and easy to store when deployed. But they are very dangerous. So let this be a warning to you young Marines. Even heroes are not exempt from a motorcycle accident. Semper Fidelis Drill Instructor Sergeant Wilson! Oooohrah! Sources: Late Marine Honored for Lifesaving Acts at Freeway Crash - Times of San Diego. Late Marine honored for lifesaving acts at freeway crash - Fox 5 San Diego. https://www.ocregister.com/2018/12/13/marine-receives-posthumous-heroism-honor-for-rescuing-2-women-trapped-in-cars-just-months-before-he-died-in-motorcycle-crash/

Nov 27, 2018

What Legal Theories Do Lawyers Use to Prove Night Club Bouncer Assault and Unsafe Building Hazards Cases?

Security Guards can be weak
Poorly trained bouncer
Poorly trained bouncer Gatherings at night clubs or bars are a way to have fun with a friend or group of friends. But a barroom brawl or assault was never on anyone's list, right? Also, patrons expect bouncers to keep order and the building to be safe. There are many legal theories lawyers use to prove a case like this. But first, you need to understand some basics, so here we go. Constructive knowledge is the term that indicates such knowledge. But an assessment of what had been happening around the business remains at issue. Failing to provide adequate security doesn't just mean hiring a guard. It also means guarding against dangerous conditions on your property. For example: Consuming alcohol diminishes your inhibitions, and this can lead to problems like tripping at a bar. Slipping and falling on liquid, a chair, or table in a high traffic area of an eatery is a typical scenario we also see. But crimes and bouncer assaults are also a risk of harm to customers. Type of harm suffered in negligence security cases includes: Head trauma Broken bones or sprains. These types of incidents happen due to a defect or failure by the property owner or management. So they fail to maintain the building securely and adequately. The other types of harm that can occur may include criminal conduct in the form of: Assault Battery Rape, and in rare cases, death. What Is The Main Function of Security Guards? Most bouncer attack lawyers will tell you that patrons of a nightclub or bar usually are not concerned with criminal dangers. After all, these establishments typically have security guards, right? The bouncer is another name for "private guard." And their job is to protect you and the club, or bar, etc. If there is a scuffle, they must peacefully try to diffuse the situation. Bouncers are usually large men with presence enough to keep patrons from misbehaving. (Read more here.) So the bouncer is typically the employee who will have contact and cooperate with the police. So the idea is that the bouncer helps police in subduing or responding to a potential crime. But the bouncer is not usually a sworn peace officer. Observe, report, and refrain from using emotions are the duties of a bouncer. And this is no easy task when dealing with patrons who may misbehave. Sometimes customers are out of line and want to test their mixed martial arts skills on the bouncer or another visitor. In other cases, the security guard can step over the edge of their intended functions. So now, rather than controlling dangerous situations, the bouncer makes it worse. If so, liability attaches. What Are Some Examples of Bouncer Assaults? News stories about violent bouncers are nothing new. Most happened in situations where bouncers assaulted patrons of nightclubs or bars. One occurred in Worcester, Massachusetts, where a security guard was arrested for armed robbery, kidnapping, along with assault and battery. In that case, a video went viral on the internet. Witnesses saw the security guard/bouncer punch the patron. Next, he robbed him in the bathroom of a strip club. The bouncer later said he believed the man was dealing drugs in the club. An incident occurred in Muhlenberg Township, Pennsylvania, in a night club saw a bouncer kick a person out of the club. This resulted in the patron hitting his head on the sidewalk. The man required emergency surgery. The charges were assault and endangerment after his arrest. Are Even Vets Not Off Limits? In Lawton Kansas, a veteran was attacked by a bouncer in a night club. The former soldier was beaten to the point that his face was fractured. He required facial reconstructive surgery after being injured by an improvised explosive device. Police suspected this bouncer of two similar assaults that occurred at the same club! In Henderson, Kentucky, a patron ended up dead after complaining about his drink. Police observed a photo that was taken the same night as the altercation, where one of the security team can be seen holding a baton. (Read More Here.) Police believed it was the same baton witnesses claim saw striking the man who had complained about his drink. The bouncer was arrested, charged with murder and released on $50,000 bail. Bouncers harming patron can be charged criminally. And the injured patron may be able to bring a lawsuit against the bouncer and the night club or bar. The bar or night club owner can be held liable for negligent infliction of emotional distress, negligent entrustment (examples include a road rage employee given a company vehicle), negligent hiring, negligent retention, and even dram shop. (depending on your jurisdiction.) In the event of death, all defendants can face a wrongful death lawsuit. What is Security Negligence? When businesses fail to provide the needed security to their customers, it's said that they showed negligence towards security measures. A business that has the public coming within its premises has to offer protection to its customers. In other words, if it is within the knowledge of the business that crimes or even a trip and fall can occur, it becomes a responsibility for business to protect its patrons. If crime causes harm to the patron or his personal property, the business will become held liable. What about when a gang-banger shoots up a club or a disco? Well, if the owner knows it's a possibility, it is a foreseeable crime. In other words, was there a history or knowledge that gang-bangers have caused trouble in the area? If so, liability attaches. From foreseeability we mean that it was in the knowledge of the business (the runners of the business) that a crime can take place. Negligent security happens when bouncers or owners and employees do not adequately perform their functions. So the result is a patron being harmed. Below are some of the most common claims against establishments. The security guard or bouncer failed to take action. The patron was not protected from being harmed. Knowledge of violence by the owner of crimes, or violent behavior of the bouncer can also be used when a bouncer attacks a patron. What is Owner Premises Liability? When a guest of a nightclub or bar is hurt, under the legal theory of premises liability, premises liability in the state of California outlines that the owner of a property must provide reasonably safe conditions. And this duty includes preventing any foreseeable harm to any visitor to the business. Negligent actions by the employees of a bar or nightclub owner in the performance of their duties can make them liable to you. But you must suffer harm. That is what gives rise to your money damages award. For example, liability could exist because security had been alerted to a slippery spill, but it was not cleaned up quickly. So now, another patron has a slip and fall incident with serious injuries. In that case, the owner could be held liable for negligent premises liability. What is the Stance of Defense Counsel? Attorneys for the defense will almost always argue they did not know about any potential problem. They will come up with a litany of excuses to avoid paying for the injuries. So victims at the bar, nightclub, or regular old corporate offices have to prove the case. We just discussed that courts would look for whether or not a duty is owed. The defense will argue that even if the task was breached, it was not foreseeable. So no liability lies even if someone was hurt from a crime. Plus, the mere fact a crime took place while you were hanging out matters not since it was not a PSI. If those basic things are not present, the jury instructions will provide the framework to the trier of fact to find zero or partial liability. “Series 1000 – Premises Liability 1000. Premises Liability—Essential Factual Elements 1001. Basic Duty of Care 1002. Extent of Control Over Premises Area 1003. Unsafe Conditions 1004. Obviously Unsafe Conditions 1005. Business Proprietor’s Liability for the Negligent/Intentional/Criminal Conduct of Others 1006. Landlord’s Duty 1007. Sidewalk Abutting Property 1008. Liability for Adjacent Altered Sidewalk—Essential Factual Elements 1009A. Liability to Employees of Independent Contractors for Unsafe Concealed Conditions 1009B. Liability to Employees of Independent Contractors for Unsafe Conditions—Retained Control 1009C. Reserved for Future Use 1009D. Liability to Employees of Independent Contractors for Unsafe Conditions—Defective Equipment 1010. Affirmative Defense—Recreation Immunity (Civ. Code, § 846) 1011. Constructive Notice Regarding Dangerous Conditions on Property 1012. Knowledge of Employee Imputed to Owner 1013–1099. Reserved for Future Use VF-1000. Premises Liability—Comparative Negligence of Others Not at Issue VF-1001. Premises Liability—Affirmative Defense—Recreation Immunity VF-1002. Premises Liability—Comparative Fault of Plaintiff at Issue VF-1003–VF-1099. Reserved for Future Use” What's The Foreseeability Of Crime Test? Whether the victim will win in a case where a third party committed a crime against you, majorly depends on proving the Foreseeability of the crime.  Most of this test comes from case law. But some courts have different thresholds and variations of this test in California. But none the less, this is the threshold you must meet. And if not, the court could dismiss your case with or without prejudice to you re-filing the case. So naturally, a real personal injury warrior will note that this is a critical element. This must become nailed down before you consider moving forward with your lawsuit. From Foreseeability, we mean that it was in the knowledge of the business (the runners of the company) that a crime can take place at or near the site. What About the Businesses' Knowledge of Prior Crimes or Accidents to Show Foreseeability? So it's implied sometimes that the business knew or should have known about a crime or other dangers on the premises. Examples of noncriminal events giving rise to landlord liability could be where could be: Falling objects. For example, a ceiling fixture breaking loose from its anchors and falling on your head. The trash in a parking area. This type of rubbish can hide or block liquid and grease, causing a slip, trip, and fall case. But how do you show the owner knew or should have known about the criminal or civil dangers to guests. Well, one way is to show they understood the ceiling was collapsing, or the trash in the garage was a fall hazard. However, most of the time, it is not that easy.  Most of the time, we lawyers use the concept of constructive or implied knowledge. Constructive knowledge is the term that indicates such understanding. It is to become assessed in these cases what had been happening around the business in the past. Any crime that took place in the past that indicated that a crime might take place is enough reason for a business to take security measures. How recently a crime had taken place in the vicinity of the business where the victim has suffered harm. This is also of importance in deciding the Foreseeability of the crime. Prior knowledge Test - Used to Prove: Falling objects Drowning in a public or private pool Slipping, tripping and falling on public or private sidewalks Various burn injuries in your workplace Negligent Maintenance of roadway crashes, etc. Foreseeability Matters? Yes, this is key in most cases. So liability could lie if the incident that harmed you was similar to ones that had taken place in the past. But they must be in the proximity of the business or premises. It could be said the owner should have foreseen similar scenarios in the future. Also discussed below is another crucial factor when proving the Foreseeability of a crime or even a slippery floor case. Prior Similar Incidents are what lawyers look for to sue. What are Prior Similar Incidents or PSI? The similarity between the incidents that took place in the past and the plaintiff case remains essential. PSI or prior similar incidents can show it was avoidable if not but for owner negligence. Similarity Of Cases And Foreseeability There is quite a debate and controversy in many court cases over PSI. Different state judges are of different opinions. Some judges believe that only natural and similar crimes could allow a business to foresee an imminent danger. Under this jurisdictional split, the company is liable if there was a very same type of crime, for example. Even if it's a high crime area, a rape of a female patron next door will not give rise to knowledge, criminals will assault a male customer at your business, for example. So if, for example, a past a robbery had taken place in the nearby store, that would not instantly prove security negligence unless there was a similar robbery at your location. But if it's not similar enough, you can lose. So to prove the Foreseeability of the crime, it had to be similar in nature. Get it so far? PSI theory accepted by all courts? No! Some courts in California contradict this theory of PSI. These judges say even if the crime is dissimilar, the fact there was a high crime at all was enough notice to necessitate security. But some courts have given decisions in the favor victims even in dissimilar cases. What is The Stance Of The Plaintiff In Security Negligence Case? From the above information, we can easily conclude that any victim who wants to prove that a business' security negligent must come up with ample evidence to show past crime or PSI. But you must show the company knew or should have known about the possibility of the crime at the minimum. The plaintiff will have to collect information about past cases.  It is always best that the plaintiff collects information about similar cases. But bear in mind some courts think any crimes in the vicinity of the business should have encouraged security measures. Security Negligence Cases In Los Angeles. Los Angeles is one of the most populous regions in the U.S. Crimes are taking place in this area every minute. Were you part of an incident, suffering harm? Also, while at the premises, was your property damaged? If so, you should contact an experienced law firm as soon as possible. Citations: https://legal-dictionary.thefreedictionary.com/Foreseeability   The Free Dictionary Foreseeability legal definition of Foreseeability https://www.nolo.com/dictionary/foreseeability-term.html   Foreseeability | Nolo's Free Dictionary of Law Terms and Legal Definitions How Do Dram Shop Laws Apply? Noteworthy, Dram shop laws are on the books in 42 states and the District of Columbia. These laws hold the owner of the establishment and servers responsible in some cases. And examples include a drunken patron injuring another person inside or even outside of their establishment. So, in that case, the bar or nightclub owners and servers may be held liable. And this remains true if they permit a patron to become visibly intoxicated at the establishment. But California uses the foreseeability test, not Dramshop laws. What are the Wrongful Death Dangers? When there is an incident at a nightclub or bar that kills a patron, it could be from negligence. So, you can sue in wrongful death. Of particular interest, California cases are brought by the spouse, children, grandchildren, domestic partner, other dependents. And the personal representatives of the decedent may also sue. Two things will determine if damages get awarded to the heirs. The monetary loss involves financial support for the victim. This is what the dead person would have provided had they lived. And this will include funeral and burial expenses. Non-pecuniary damages are the loss of moral support, comfort, companionship, assistance in Maintenance. And it can include other damages caused by death. What About Punitive Damages? But the one damage that heirs will not usually recover in a wrongful death lawsuit is punitive damages. What About a Survivor's Action? So if the dead person was hospitalized and had medical expenses, the decedent's estate may bring a survivor's lawsuit. This is done on behalf of the deceased victim's estate. How Do You Protect the Rights of Patrons? Above, we discussed the various types of cases, statistics, and legal theories lawyers use to prove a negligent security case. Now that you understand more about your rights, you need to make a decision. Should you consult with a lawyer? We think so. An incident resulting in harm can have life-changing consequences. Call Ehline Law Firm now to learn more at (213) 596-9642.

Oct 26, 2018

Falling Objects and Slips and Falls in Los Angeles

Different Types of Injuries

Different Types of Injuries Slipping and falling in Los Angeles and falling objects that hit and harm people are among the top two most common injuries to consumers. Here in this article, you will learn the facts and how to deal with a case like this from a legal perspective. How Do You Prove Fault in the Common Slip and Fall Accident? Slip and fall accidents are the number one most common out of the top five most common accidents in Los Angeles. In fact, nationwide, they remain a very typical mishap suffered by people on foot, young and aged alike. Of course, only reported numbers are available. Most likely, many more cases of people falling exist. For example, when someone slips and trips at a party, or stumbles upon a misleveled sidewalk, they don't always report their mishap. What we do know is California had at least 768,536 reported slip and fall cases. Wow. That's a lot. Nationwide, falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits or 12% of total falls. (Source.) Leading Cause of Sick Days In fact, these events are the single most significant reason for sick days from employment. So how do these accidents arise? Typically, a person walking on foot will get his or her foot stuck on an elevated surface, such as a raised ridge on a sidewalk. But we have all heard the stories or seen the cartoons of people slipping on banana peels. The bottom line, when people are caused to lose their footing, they trip or slip and fall to the ground. But there are also other causes such as greasy or wet parking structure floors with poor lighting. If people can't see that puddle of grease or standing water from a leak, they go down hard. Often, this results in a fractured wrist, ankle, or arm. But head injuries and dislocated shoulders and hips remain ordinary trip, slip and fall injuries. Proving fault in a slip and fall case is governed by the law of negligence, as discussed above. So unless there is a significant public policy exception such as injuries inherent in sports, or recreation, a potential defendant exists. Civil Code section 1714(a) provides in part: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” So unless the person who fell on the public sidewalk drank beforehand, or fell for their own fault, defendants like the city, county, or state may exist. Tree roots that cause cracks with ridges greater than 1 inch are not trivial defects, and if you can show notifications, you can sue the agency in question. Lack of ordinary care is usually the cause of unfortunate accidents like this. Equally, if you can show constructive or actual notice of a slippery substance that caused your fall at a restaurant or grocery store, you can sue the parent company. Legal Duty of Due Care So, in this case, the slip and fall lawyer needs to prove that the defendant had a legal duty of due care. They breached that legal duty. So long as the violation was the proximate or legal cause of the injury, the case can withstand summary judgment and move to trial. As noted above, failing to correct the dangerous condition triggers a duty to act. So the best thing is to get a slip and fall lawyer to examine the evidence to see if the property owner should have corrected the condition. As discussed, sidewalks remain a real challenge. But Los Angeles is responsible for fixing, blocking, warning, and diverting foot traffic when it knows of dangerous pathways. So they are in a real pickle. In fact, ABC News recently reported that: The Los Angeles City Council approved Wednesday a $1.4-billion plan to repair a backlog of damaged sidewalks.The program calls for the city to repair 11,000 miles of sidewalks over the next 30 years, at the cost of about $30 million each year. Incidentally, you can see that disability advocates helped make this possible, as seen in the above video. Were You or a Loved One Struck and Hurt by a Moving or Falling Object? Not all slip and fall cases place us at risk for death. But falling objects are the number two cause of injury in Los Angeles. Noteworthy here is that these cause severe brain injuries and wrongful death. Examples of falling objects include falling overhead luggage on a bus, train, or plane. But they can also add a rock slide on Malibu Canyon Road, or PCH near Santa Monica. Since many of the defendants above remain common carriers with a special duty to travelers, they are particularly at risk for a lawsuit. Contact a personal injury lawyer who helps with falling object cases after medical stabilization. Proving fault in a falling object case uses the same formula. Was there a duty to make sure safety standards existed to obviate the reason for the object falling? Determine the cause of the injury. Because if it was, you could sue. But get hold of a falling object injury lawyer to learn how.