Every year, crowds flock to retail stores on Black Friday to get themselves some sweet deals. Holiday spending this year is projected to be higher than last year. But if memory serves us right, the day after Thanksgiving has also become infamous for violence including flights and gunfire. To help you stay safe in LA County this year, we want to offer some insight into premises liability.

Premises Liability

California shoppers are guests when they are on the premises of a store. Under the law, property owners have a duty of care to make sure shoppers are safe. That includes warning customers about possible hazards.

Given the violence and stampedes in recent years, stores often take some precautions on Black Friday to avoid premises liability lawsuits including:

A deadly car accident can be traumatizing for the entire family. You might wonder how you will ever recover from such a loss. Unfortunately, deadly car crashes continue to soar in Los Angeles County; in the first months of this year, there was a seven percent increase in deadly car crashes compared to the previous year, which was already at a 15-year high.  If people continue driving recklessly, this trend is likely to continue into the holiday season. If you have lost a loved one in a vehicle collision through no fault of their own, Tahmazian Law Firm, P.C. can try to help you seek compensation for wrongful death.

Driving Risks that Lead to Fatal Accidents

Everything from careless to reckless driving can lead to fatal car accidents. In 2020, AAA surveyed drivers and found that many people were more likely to engage in risky behavior by consuming alcohol, intentionally running a red light, and speeding. Car accidents can also be caused by various forms of negligence. Sometimes other parties may also be at fault due to dangerous road conditions or defective auto parts. If you believe your family member was killed in a car crash due to someone else’s negligence, you may be entitled to compensation.

Who Can File a Legal Claim?

The purpose of a wrongful death claim is to compensate the family for their loss. For wrongful death lawsuits, the statute of limitations is usually two years from the date your loved one died. The following persons can file a wrongful death claim:

After-hours office parties at a restaurant or holiday get-togethers at someone’s house are supposed to make for a memorable evening. Unfortunately along with the celebration, there is always the potential for serious injury. More than 8 million people in the United States wind up in the emergency room every year after suffering a fall. Slip and falls alone make up 12 percent of the total number of falls and account for 1 million ER visits. If you take a tumble and are seriously injured you may want to file a lawsuit. 

Hazards Inside and Outdoors

Property owners have a duty of care to make sure they protect people’s safety. Any hazards should be repaired or addressed. This applies to private property owners as well as public establishments. People often fall for the following reasons:

• Wet floors – slippery flooring due to spilled liquids, recent mopping, and lack of floor mats

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The beautiful weather in Los Angeles entices many people to get out and go for a walk. But urban areas are normally bustling with traffic congestion and pedestrians rushing to cross the street or catch the bus. A pedestrian accident with a motor vehicle, especially if you are jaywalking, can have you wondering if you are entirely to blame. 

Jaywalking

Jaywalking is not legal anywhere in California. If you cross the street under the following circumstances it would be considered jaywalking:

As people go about their daily lives, they frequently presume that the products they use will work as expected and create little or no danger. Little or no thought is given to the possibility that a product on the market is unreasonably unsafe for the average consumer. Yet, defective products injure people every day. Often, the defective product in question is not one that is commonly thought of as dangerous. Rather, dangerously defective products are often entirely innocuous products that show no obvious sign of a defect. Thus, defective product injuries frequently happen when they are least expected. When a product has been designed, built, or labeled in such a way as to render it unreasonably unsafe, a person who was injured by the product may be able to win compensation from the party responsible for the defect. An attorney can guide you through this process. 

Appliances, Car Parts, and Other Potentially Defective Products

Few defects are visible or readily discoverable until the defect has caused harm to a person. Commonly defective products it may be wise to monitor closely include: 

• Tires - Often, a tire will appear to be in fine condition, only to burst or split without warning, sending the vehicle and its occupants into an uncontrollable spin or slide. 

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Dog bites are often worse than they initially appear. Frequently, people who have been bitten are at first only aware of puncture wounds that could theoretically be effectively treated at home. However, injuries inflicted by a dog bite can extend far beyond the surface of the skin. Damage to ligaments, tendons, and even veins may necessitate surgical repair. Broken bones, particularly in the hands, can be camouflaged by rapidly developing hematoma enveloping the bitten area. Infectious bacteria contained within a dog’s mouth and saliva are a critical secondary concern. Infections stemming from a dog bite can become severe due to the depth at which bacteria was driven under the skin. If you have been bitten by a dog, it is imperative to seek urgent medical attention. You may also be eligible to recover financial compensation for any costs and losses related to the injury. 

3 Important Facts About Dog Bites in California 

In California, it is the duty of a dog’s owner to retain such control over their animal as to prevent bites from occurring in public spaces, and in private spaces into which others have been permitted. This concept is known as “strict liability,” meaning that it is not necessary to prove that the owner engaged in negligent conduct that allowed the bite to happen, nor can the owner’s lack of knowledge as to the dog’s aggressive tendencies provide a defense. Other important information victims of dog bites in California should be aware of includes:  

• Provocation exception - An exception to the strict liability rule applies when the victim provoked the dog bite. This may include conduct like striking or harassing the dog, committing violence or acts of aggression against the owner, or even inadvertently stepping on the dog, as a canine cannot be expected to distinguish between an accidental impact and a deliberate assault. 

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Really, there is no such thing as adequate compensation for the premature loss of a close family member due to another’s negligence. Nothing can replace your loved one or fully repair the emotional harm you are going through. Even so, you may need to pursue compensation to keep your family afloat. You may have medical debts for treatment your family member received before passing away. Or, you may need extensive therapy to help you process this loss. You may also - understandably - want to punish the liable party for being so careless with a human life. Our attorneys can guide you through the entire process of filing a wrongful death lawsuit and fighting for compensation. 

Types of Compensation You Can Recover in a Wrongful Death Action

You are likely noticing all the things you used to rely on your family member for. One of the main goals of recovering compensation in a wrongful death action is to make up for these financial losses. Damages you may be able to recover include: 

• Lost earnings - If the family member you lost worked to help support your family, you are likely feeling a financial pinch right now. You should not have to endure financial hardship because someone else was careless with your family member’s life. You can recover compensation to make up for their lost earnings equal to the amount they would have earned in their lifetime.

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Senior citizens who live in nursing homes are some of the most vulnerable members of our society. Nursing home residents are often totally dependent on caregivers for every need, from food to personal hygiene to medications. People who are able to perform the normal activities of daily living on their own are rarely willing to live in a nursing home, often because they have heard horror stories about such places. Sadly, not all nursing home horror stories are the stuff of legend. Many claims regarding nursing home abuse or neglect are completely legitimate. There are far too many caregivers who are willing to take advantage of nursing home residents’ inability to stand up for themselves. Mental abuse in nursing homes is a serious problem, and it may be grounds for a lawsuit. 

What is Considered Verbal Abuse in a Nursing Home Setting?

Mental health and physical health are closely linked in the elderly. If a senior citizen’s mental health is damaged due to verbal or psychological abuse, then it is very likely that their physical health will decline as well. Additionally, caregivers who will verbally abuse a helpless elderly resident are likely to engage in other forms of abuse as well, such as neglect. 

Forms that psychological abuse might take in a nursing home include: 

Losing a loved one to a drunk driver is devastating. Drunk driving accidents are easily avoidable and completely senseless. It can be extremely painful to have a close family member taken from you because someone else made the choice to drink or use drugs and then get behind the wheel. Generally, the drunk driver (or their insurance company) is liable for the irreparable damage they have done. They are also likely going to be criminally prosecuted. Bringing a wrongful death action is another way that you can hold the drunk driver accountable for your family member’s death. An attorney can help you by taking control of your claim so that you can grieve in relative peace. 

Do I Have to Prove That the Drunk Driver Was Negligent in Causing a Death?

If you can prove that the driver was drunk, then no. Illinois uses the “negligence per se” system. This means that if a person breaks a law that is in place to keep the public safe and causes the type of harm the law sought to prevent, they are automatically liable for the damage they did. Because the law against intoxicated driving is meant to prevent accidents that can hurt or kill people, the diver’s intoxication is likely to make him or her automatically liable. 

What Damages Can I Recover in a Wrongful Death Case?

Especially if you relied on your family member’s income to get by, the harm done to you likely encompasses much more than just your emotional damages. You may be able to recover compensation for: 

Being involved in a serious car accident that leaves you injured can be a traumatic experience. The injuries you experienced can take a lot of time and energy - and money - to manage appropriately. You may need to be very patient with your healing. You will need to put the effort into physical therapy to help your injury heal correctly. If you suffered a brain injury, the recovery process may be very difficult on multiple levels. The psychological effects of a major accident can also be harmful. You may experience panic attacks or PTSD symptoms, like having nightmares about the accident or being fixated on it. A lot of people are inclined to rush back into their normal daily activities. However, going back to your usual routine too early can be damaging. An attorney may be able to help ensure that you receive the compensation you need so that you can take this time to focus on your healing. 

Looking After a Physical Injury After a Crash

Pushing yourself too hard or failing to push yourself enough in physical therapy can both be harmful. You can be compensated for medical costs, so there is no reason not to get the proper treatment. Some tips include: 

• Attend follow-ups - Make sure you go to all the follow-up appointments your doctor recommends. If they would like you to see a specialist, like an orthopedist or neurologist, do so. 

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No one likes sitting in Los Angeles traffic. The city is infamous nationwide for slow-moving, congested traffic. Many residents and tourists alike find that riding a bicycle can help them move around the city with greater ease. While cyclists must obey traffic laws and can get stuck at red lights too, they are less likely to experience hours-long slowdowns. Our generally pleasant local weather is also conducive to bicycle use. While traveling around by bicycle can be very convenient, it can also be very dangerous. When you are riding a bike, you have nothing but your helmet to protect you in the event that you get hit by a car. Collisions involving a cyclist can be deadly. If you were injured after being hit by a car while riding your bike, an attorney may be able to help you recover compensation. 

Why Careless Drivers Cause Bicycle Accidents

Drivers and bicyclists are expected to share the roads harmoniously. Of course, not all drivers and not all cyclists are willing to do so. Habits of negligent drivers that can endanger cyclists include: 

• Inattentiveness - Drivers who are only halfway paying attention tend to be on the lookout for other motor vehicles that could present a danger to them - they may not notice bicycles or pedestrians, who pose no threat to the careless driver. This makes it easy for a driver to strike a bicyclist they did not see. This is especially common if a driver needs to make a quick maneuver to avoid another vehicle and instead collides with a cyclist. 

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Using a rideshare service like Uber or Lyft can be a great way to get around. It is easier and less expensive than a cab and safer than walking alone or driving drunk. However, rideshare drivers can and do cause accidents just like any other driver on the road. Uber and Lyft drivers are not professional drivers and they do not have any additional training or hold any special licenses. It can be particularly frustrating to get hurt in a rideshare accident, as there is nothing you can do to avoid the crash from the back seat. People often use rideshare services for safety reasons and certainly do not expect rideshare drivers to put them in harm’s way by driving carelessly. If you were injured due to your rideshare driver’s carelessness, you may be entitled to compensation. Our law office can help you take the next steps. 

Careless Mistakes That Cause Rideshare Accidents

There are a number of reasons that rideshare drivers may get into accidents. Common mistakes Uber and Lyft drivers may make include: 

• Navigation errors - Everyone has missed a turn or made a wrong turn at some point. The important thing is how they handle a mistake. Drivers may realize that they are about to miss a turn or an exit and choose to swerve abruptly rather than backtracking. This is a mistake and may lead to them striking another vehicle or losing control of the car. 

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Nursing home residents are among the most vulnerable. People who live in nursing homes are typically unable to care for themselves. They may depend on staff for their hygiene, meals, toileting, and all other activities of daily living. Unfortunately, these individuals are often affected by age-related mental incapacity like dementia, which can make it impossible for them to effectively communicate to loved ones that they are being neglected. It is up to the nursing home resident’s visitors to notice the signs of neglect and take action. The harms associated with nursing home neglect can be devastating for already-vulnerable older adults. If you suspect that your loved one is being neglected in their nursing home, it is important to take action right away. Tahmazian Law Firm, P.C. is dedicated to holding negligent nursing homes responsible and to keeping vulnerable seniors safe and protected. 

What Forms of Nursing Home Neglect Are Most Common? How Can I Spot Them?

We place our elderly loved ones in nursing homes because we want them to be well cared for by professionals. Sadly, understaffing and other issues can lead to these vulnerable people not having their basic needs met in a timely manner. Some types of neglect that nursing home residents may face include: 

• Lack of hygiene - Residents should be regularly bathed, and diapers should be changed promptly. Teeth should be brushed or dentures cleaned. Bedsheets should be changed when soiled or on a regular basis. If your loved one looks or smells as if they have not been bathed recently, or if you always seem to find them wearing a dirty diaper or lying in soiled sheets, it should arouse your suspicions. 

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When you have been injured in a serious car accident, handling the legal side of the aftermath may be the furthest thing from your mind. Especially if your injuries are severe and you must remain in the hospital or stay in a rehabilitation facility for some time, you may not quite feel up to going to court. Paperwork might not seem so important when you are in pain and unsure whether your injuries will fully heal. Ideally, you would have plenty of time to physically and emotionally recover before needing to race down to the courthouse to file a lawsuit. Unfortunately, this is not always the case. California, like every other state, imposes rather strict time limits for filing a lawsuit related to a car accident. These time limits are referred to as “statutes of limitation.” These limits are one of the reasons that it is best to reach out to an attorney as quickly as you are reasonably able to after a crash. 

What is California’s Statute of Limitations After a Car Accident?

Under California state law, you will generally have two years from the date of the accident to file a lawsuit. This may sound like quite a lot of time, but in practice, it really is not. A lot of factors can slow you down after a crash. Anything from drawn-out efforts to negotiate without judicial intervention to difficulty in procuring evidence related to future expenses can delay filing for some. People with brain injuries or PTSD may need significant time to regain their memories of the accident or ability to testify. 

Are There Any Circumstances Where the Statute of Limitations Might be Different?

The statute of limitations can differ depending on the situation. Circumstances that can affect the time limit for filing a lawsuit after a car crash include: 

Losing a loved one because someone else was careless about their safety can be a devastating blow to any family. Under California state law, certain surviving family members can file a wrongful death lawsuit and demand compensation for the loss of their loved one. Our state statutes place limits on which relatives have standing to file this type of case. Generally, the purpose of this law is to make sure that the family members who were closest to the decedent will be the ones to receive compensation. While more distant relatives may also have cared deeply for the individual who lost their life, they may not be legally entitled to sue over their death. If one of your immediate family members was killed due to the negligence of another, contacting an attorney is the first step toward recovering damages. 

Which Family Members Can Sue for Wrongful Death?

The goal of allowing wrongful death suits is to ensure that those who were most likely to depend on the decedent in some way - whether financially, emotionally, or otherwise - can be made whole to the extent possible. While there is no doubt that others may have suffered as a result of the needless death, the right to compensation is reserved for the closest relatives. 

In California, only the following immediate relatives can file a wrongful death suit: 

If you are like many adults who take pride in their car, truck, or SUV, you probably make vehicle maintenance a top priority.  Checking the oil and other fluid levels, ensuring that your tires are aired up and the tread is not too worn, and taking your vehicle in for regular tune ups may be a standard part of your routine. However, when defective design or manufacture of an auto part is to blame for a malfunctioning vehicle, there may be nothing the driver could have done to prevent it. If you or a loved one were injured in an accident, and you believe that defective tires were to blame, you may have a valid product liability case.  

History of Faulty Auto Parts

Many people still remember when the Firestone Tire and Rubber Company was forced to conduct one of the largest recalls in U.S. history. Defective tires installed on Ford pickup trucks and SUVs were associated with accidents causing over 800 injuries and 270 deaths. Firestone eventually recalled a staggering 6.5 million tires and the Ford Motor Company recalled and replaced approximately 13 million of the defective tires. Ford faced over $600 million in lawsuits as a result. Unfortunately, tire recalls are not limited to just these companies. Just recently, Alliance Tire Americas issued a tire recall after it was discovered that the tread may separate from the casing during use. Flaws in the design and manufacture of tires can cause the tires to malfunction and put the lives of drivers, passengers, and pedestrians at risk.  

Pursuing Compensation When a Tire Defect Causes You to Be Injured in a Car Crash

Sidewall tire blowouts and other tire malfunctions can cause accidents that lead to traumatic brain injuries, spinal cord injuries, broken bones, internal organ damage, other catastrophic injuries, and death. If you or a loved one were involved in an accident and a defective tire may have been to blame, speak to an attorney experienced in auto defect cases. A product liability claim may allow you to collect compensation for the damages caused by the accident. You could receive compensation for your past and future medical expenses, disability, reduced employability, lost income, pain and suffering, and more.

Serious car accidents are typically associated with high speeds. When cars are driving at normal highway speeds, it is easy to see how crashing could result in serious harm. Of course, everyone who has spent any time in L.A. traffic knows that “normal highway speeds” are about one mile per hour most of the time. However, even in bumper-to-bumper traffic, car accidents can still lead to serious injuries. Injuries in this type of traffic can be dangerous - ambulances cannot always get through as quickly as they could if traffic was less congested. If you were injured in a car accident that occurred in heavy traffic, a lawyer may be able to help you recover compensation. 

What Types of Serious Accidents Occur in Congested Traffic?

Cars do not need to be moving very fast at all to cause serious harm to a person. Common types of dangerous crashes that occur in heavy, slow-moving, traffic include: 

• Pile-ups - All it takes is for one driver to make a big enough mistake and suddenly, there are eight damaged vehicles and multiple injuries. The people at the back of the pile-up and the people at the front are less likely to sustain major injuries because they generally experience only a single collision - although they are still at risk. People in the center of the pile-up typically experience multiple collisions. When they are struck from behind, or even from the side, they are likely to be pushed into another vehicle. This can effectively crush their car, making them more likely to sustain injuries. 
• Rear-end collisions - When traffic starts moving after being at a standstill, some drivers will rapidly speed up, assuming that the cars ahead of them are going to continue accelerating. However, more than likely, there will be another slowdown very soon. Drivers who fail to anticipate this may not be able to stop in time to avoid rear-ending someone at a high speed. This can also cause a pile-up. 
• Secondary injuries - Even if a crash victim makes it out of their vehicle unharmed, there is a substantial risk that they could be struck again while on foot near the crash. Quite a few drivers are lulled into a false sense of security by the slow speed at which they are moving and allow themselves to become distracted. Distracted drivers can easily fail to notice a stranded motorist standing alongside the highway. 

Even slow-moving or stop-and-go traffic can become deadly very quickly when drivers fail to use appropriate care. 

 Dog attacks - even a single bite - can cause serious bodily harm. The puncture wounds can easily get infected and send you to the hospital. Tendons, ligaments, nerves, and even bones can be severed or damaged, requiring surgery. It is important to seek urgent medical attention after any dog bite to help mitigate these risks. Of course, medical care and the time you spend seeking it are valuable. A dog’s owner can be held liable for injuries caused by the dog. In California, we have what is called the strict liability rule when it comes to dog and other animal bites. This term is easily misunderstood. In order to recover the compensation you deserve after being attacked or bitten by a dog, you may need to enlist a skilled attorney. 

Does “Strict Liability” Mean the Dog Owner is Liable No Matter What?

Not quite. What “strict liability” actually means is that the dog owner cannot defend themselves by arguing that they had no idea their dog was aggressive and would bite. Even if the dog that bit you had never so much as growled at anyone before, let alone bitten someone in the past, the owner can be held liable to a bite victim. 

Without the strict liability rule, a bite victim would have to prove that the owner knew their dog was dangerous. This would potentially give owners of aggressive dogs a “get out of liability free” card for their dog’s first attack. Not only would that leave innocent bite victims without compensation, it would also increase the risk that the dog could be put into a position where it might attack another victim. 

Anyone putting a product on the market has a responsibility to make sure that the product is reasonably safe. Unfortunately, unreasonably dangerous products do still sometimes end up in the hands of consumers. There are a number of reasons this can happen. Sometimes the product is badly designed in the first place. Other times, there was an error in the manufacturing process that rendered the product unsafe. Finally, sometimes it is the lack of instructions or a warning label that makes a product dangerous. 

Whatever may have gone wrong and caused you to get hurt, there are a few steps you can take right away. An attorney may be able to help you recover financial compensation. 

What Should I Do if a Dangerous Product Hurts Me?

If a product you are using seems unreasonably unsafe and you get hurt as a result, you will want to contact a lawyer sooner rather than later. Products liability cases can be quite complicated, with a lot of disputed facts and multiple legal issues. Here are some steps you can take right after the accident: 

From high-rise, luxury condos to downtown studios, apartment buildings are supposed to be reasonably safe for their occupants and guests. Unfortunately, not all landlords or property managers make safety a priority. From failing to repair an obvious source of danger, to failing to warn tenants about a hazard, to simply ignoring a housing code violation, negligence by a building manager can put a lot of people at risk for injury. If you were injured due to an unsafe condition in an apartment, you may want to speak to a qualified premises liability attorney to determine whether you could be eligible to receive financial compensation. 

What Common Dangers Can Injure People in Apartment Complexes?

Renters have limited control over the safety of the premises. They are not able or expected to make most repairs, especially in common areas. The landlord or property manager has a much higher degree of responsibility to maintain safe conditions. Look out for:

• Staircases - Poorly maintained or designed staircases are a common source of serious injuries. Missing or loose handrails, as well as poor lighting or uneven, loose steps, can cause falls. 

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