If you’re a victim in an auto accident caused by someone else, you may be considering trying to handle your case yourself to avoid paying part of your settlement to an accident lawyer.  Sometimes that’s a great idea, and sometimes it’s a terrible idea.  Here’s how to know the difference.

You Should Represent Yourself When: (more…)

According to the Insurance Research Council, about one in seven California drivers is uninsured, and even more are “underinsured” – meaning they don’t have enough insurance to fully pay for injuries and property damage if they cause an accident. 

Suppose you’re injured in an accident caused by one of these irresponsible motorists.   What then?  (more…)

If we get hurt on another person’s property and it could have been prevented, shouldn’t the property owner be legally required to help us pay our medical bills?  Often, this is exactly the case. In most situations, someone who owns business property or a home is legally required to warn visitors about any hidden and unsafe conditions on the property that the owner knew about, or reasonably should have known about. 

Adult & Child Trespassers

Generally, California law does not make an owner responsible for protecting an adult trespasser from hidden dangers on property.   However, the situation is different if the owner can reasonably anticipate that a trespasser might be a child attracted by some feature of the property, such as a swimming pool, water slide, or backyard trampoline.  If the owner knew or should have known that children were attracted to the feature and made no effort to protect these children from the hidden danger, and your child was attracted, trespassed on the property, and was hurt by the hidden danger, the owner may be legally responsible for your child’s injuries.

Social guests

A social guest is someone the property owner invites over for social reasons, such as a dinner or a birthday party.  If someone invites you over to their home, then they likely have a duty to warn you about any unsafe condition on or around their home that you probably wouldn’t notice on your own.  A good example is an unstable deck in need of repair.  Since the owner, based on their own use and maintenance of the deck, should reasonably know it is unstable, they would have to at least warn you about the instability if it was not immediately obvious.

Invitees

An invitee is someone who is invited or expected to come onto the property for business purposes.  A plumber there to repair a sink is an invitee.  So are members of the public visiting a home because it is a historical landmark, like the Whaley House in Old Town.  If you are an invitee, the owner has even greater responsibility to you.  In addition to warning you unsafe conditions, the owner must have regularly inspected their property to discover any hidden dangers.

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If you or a loved one has been seriously injured by a hidden, unsafe condition on someone else’s property, let the experienced trial attorneys  at San Diego Law Firm help you.  You shouldn’t have to bear the burden of your medical expenses if your injury could have been avoided by a warning.  We can prepare and send a formal legal demand and/or file a lawsuit on your behalf against the property owner’s insurance carrier to seek payment of your medical expenses and any lost wages, as well as compensation for your pain and suffering.  Please call San Diego Law Firm today at (619) 794-0243 to schedule an appointment.

Every year, many people are injured in car accidents.  One of the major stressors of an accident-caused injury is dealing with insurance companies.  Many people insurance companies will be on their side and will look out for their best interests.  However, this is not usually the case.

In an accident, all insurance companies are your opponents, including your own.  Insurance companies are for-profit businesses, and their top priority is to pay out less than they take in premiums.  Insurance companies will use many tactics to reduce the amount they have to pay out for an accident. (more…)

It was recently in the news that Dr. Frank Ryan, celebrity plastic surgeon, was killed in a car accident when his car ran off a cliff in Malibu.  New England Patriots quarterback, Tom Brady, and comedian Russell Brand were also in the news for being involved in less serious accidents.  Hearing these reports makes people wonder, “What should I do if I’m involved in a car accident?” (more…)

According to United Sates Coast Guard, of the 4,730 recreational boating accidents that occurred in 2009, 736 of those accidents resulted in death. In its “2007 California Boating and Safety Report,” the California Department of Boating and Waterways documented 804 boating accidents.  The types of boating accidents that occur include everything from being involved in a collision with another vessel to being hit by a boat while participating in a water sport activity.  The three most common causes of boating accidents are operation of a boat at an excessive speed, inattentiveness of the operator, and operator inexperience. 

Does California Have Laws to Protect Boating Accident Victims?

Under California law, a boater who is involved in an accident must file an accident report with the California Department of Boating and Waterways in the case of death, disappearance, or injury. Additionally, a report must be filed if the operator of a boat causes more than $500.00 worth of damage to another vessel or other property or causes the complete destruction of property. And, it is a general rule of law that the owner and or operator of a boat must exercise the highest degree of caution to prevent injuries to swimmers, passengers, and anyone else in the surrounding area.

What Compensation Is Owed a Victim of a California Boating Accident?

Boating accidents can carry criminal and well as civil penalties.  As a victim of a boating accident you may be able to recover money compensation for medical expenses, lost wages, pain and suffering, and property damage. If a boating accident results in a fatality, family members may be able to file a wrongful death action.

Issues of Fault Can Be Complex

Who is at fault in a boating accident is not always easy to determine.  No case illustrates this better than a recent accident that occurred during a local holiday parade.  As a San Diego Union Tribune’s article explained, in that accident, a 33-foot Coast Guard vessel hit a 24-foot boat with 13 people aboard at the San Diego Bay Parade of Lights, killing one person and injuring five others.  Who was at fault there would depend on whether or not certain maritime laws had been complied with regarding the proper use of navigational lights, speed, and right of way.

The issues of fault, liability, and compensation can be complex in boating accidents in California.  Due to the nature of the accident itself a comprehensive knowledge of the Federal, State, and Maritime law is required to pursue any claim arising from a boating accident.  The personal injury attorneys at San Diego Law Firm are experienced in handling personal injury lawsuits that arise from accidents such as boating accidents.  Please call us at (619) 794-0243 to schedule a consultation.

According to the Centers for Disease Control and Prevention, more than 4.7 million people per year are bitten by dogs.  An even more alarming figure is that dog bites send approximately 368,000 victims to hospital emergency rooms every year.  Needless to say, a dog bite or attack can result in a very serious personal injury. Thankfully, California has a dog bite statute that imposes liability on a dog owner for injuries inflicted on a human being.

California’s Dog Bite Statute

California is a “strict liability” state that has a statute making dog owners civilly liable for all injuries caused by his or her dog. California Civil Code, Section 3342 states:  (more…)