In this article, you will discover: The legal grounds an employer needs for wrongful termination in California. Which state and federal agencies enforce employment laws. The time frame for filing a wrongful termination lawsuit, specific to each government agency. When Does A California Employee Have The Right To File A Wrongful Termination Lawsuit Against A Former Employer? Under California law, wrongful termination occurs when an individual is fired from their job in a manner that violates state or federal laws. Several statutes protect employees in California, including the California Fair Employment and Housing Act, the California Labor Code, the National Labor Relations Act, and various anti-discrimination laws at the state and federal levels. To establish a case of wrongful termination, it's necessary to demonstrate that the employer breached one of these laws or public policy protections when terminating the employee. Employers often attempt to justify terminations by citing lawful reasons such as poor performance, disruptive…Read More
In this article, you will discover: The critical information you should gather after a premises liability accident. The kinds of damages you can recover from a slip & fall accident. How partial fault affects your slip & fall injury claim. What Should I Do If I Am A Victim Of A Slip-And-Fall Accident? What Information Is Critical To Gather For Premises Liability Claim? If you've experienced a slip and fall accident, it's crucial to take certain steps to protect yourself and preserve evidence. Here's what you should do… Call 911 for emergency care if you're in pain or suspect serious injury. While waiting for emergency services, take pictures and videos of the scene and your injuries using your cell phone camera or asking for assistance. This documentation is essential for potential legal proceedings as your condition may change and your injuries are likely to heal over time. Obtain contact information from any witnesses present and…Read More
In this article, you will discover: The types of accidents that fall under the category of premises liability. The most common causes of slip & fall incidents. The most common injuries caused by slip & fall incidents. What Accidents Or Incidents Fall Under The Category Of Premise Liability That Occurs Across California? Experiencing a slip and fall in public can indeed be embarrassing. However, it's essential to recognize that not every incident warrants immediate concern. Nevertheless, the severity of a slip and fall should prompt a closer examination of the incident's details. Generally, the broader category of premises liability encompasses a wide range of slip and fall incidents, including: Slipping and falling on the ground of a location; Falling into a hole or gap; Being injured by something falling from a sign or shelf; Sustaining injuries in a pool due to inadequate depth or improper labeling; Drowning incidents, covered under premises liability; Dog bites or…Read More
In this article, you will discover: The specific steps to take to pursue a bad faith insurance claim. Top reasons for claim denials that are not grounds for bad faith claims. The top qualities an insurance claims attorney can bring to your case. Are There Specific Steps To Pursue A Bad Faith Insurance Claim In California? Many times, bad faith claims can be challenging to identify. Often, individuals think nothing of their experience and dismiss the improper handling of their claims as "bad customer service." However, having your concerns dismissed or denied due to your carrier's incompetence or negligence may not just be a bad customer experience; it might be cause for a lawsuit. The first thing you should do if you believe you've been a victim of a bad faith claim is to contact an attorney who can review the particular facts of your case and give you legal guidance. Generally, you should know…Read More
In this article, you can discover: The fundamental differences between negligence and strict liability in product cases. How misrepresentation is defined and proven in California's product liability claims. Effective strategies to counter insurance defenses in defective product settlements. How Is Negligence Different From Strict Liability In A Product Liability Case? Negligence and strict liability are distinct legal concepts in the realm of liability. Strict liability holds a party within the chain of distribution responsible, regardless of any duty or knowledge of potential risks. Strict liability is based on the idea that those in the chain, such as sellers or manufacturers, are best positioned to identify and mitigate dangers. On the other hand, a negligence claim requires the plaintiff to demonstrate that the seller or manufacturer's actions fell below an established standard of care. This involves proving that the standard of care in the industry was not met, such as failing to ensure adequate warnings that…Read More
In this article, you can discover: Why manufacturers and distributors are held accountable for product-related injuries. How to prove a defective product caused your injuries, not your actions. The impact of partial consumer responsibility on compensation in product liability. Who Is Held Liable For My Injuries In A Product Liability Case? Have you ever wondered who is responsible when a product causes injury? In California, the law of strict product liability casts a wide net. Not just manufacturers, but designers, retailers, and distributors could be held responsible. This means if you're injured by a defective product, the law ensures that those who made and sold it, not you, bear the responsibility. However, responsibility isn't automatic for everyone in the chain. For example, a hotel owner might not be held liable for a defective lamp that causes injury. But generally, if a product you used as intended causes harm due to a defect, those who created…Read More
In this article, you will discover: The common types of bad faith practices by insurance companies. The deadlines for processing bad faith claims in California. How punitive damages can be awarded from bad faith claim lawsuits in California. How Can Policyholders Recognize Signs Of Potential Bad Faith Practices By Their Insurance Company? Identifying instances of bad faith practices can be crucial in navigating personal injury claims. Here are five potential indicators to watch out for: Unreasonable Claim Denial If you find your claim denied without a valid explanation, it might be a sign of bad faith. Some insurance companies obscure their denial with convoluted policy language or vague explanations. Consulting with a legal expert can help clarify whether your denial is unjustified. Failure to Defend In the event of an accident where you're at fault and face a lawsuit, your insurance carrier should provide legal defense. However, if they neglect this duty, it could indicate…Read More
In this article, you can discover: The diverse injuries caused by defective products, from burns to brain damage. How manufacturers can be liable, despite disclaimers, under California's strict liability laws. The range of damages claimable in product liability cases, including punitive damages. What Are The Most Common Types Of Serious Injuries Sustained From Defective Products? Have you ever worried about the safety of the products you use daily? Unfortunately, defective products can lead to a wide range of serious injuries. Here are some common risks you should be aware of: Electrical Hazards: When household appliances malfunction, they can cause fires or electrical burns. It's not just about a faulty toaster – it's about keeping your home safe. Cuts and Wounds: Those DIY tools aren't always as reliable as they seem. A defective power tool or a kitchen knife with a faulty handle can turn a simple task into a trip to the emergency room. Head…Read More
In this article, you can discover: The impact of comparative fault on settlement amounts in bicycle accidents. Legal avenues for injury claims without direct vehicle collision. The correlation between injury severity and settlement size. The influence of safety gear use on potential settlement outcomes. If I Was Partially At Fault For The Bicycle Accident, Will That Reduce My Settlement Amount In California? In California, the concept of comparative fault plays a significant role in determining settlement amounts in bicycle accidents. If a bicyclist is found partially at fault, their recovery amount can be proportionately reduced. For instance, if a bicyclist is deemed 25% responsible for an accident due to incorrect lane usage and the total damages awarded are $500,000, the bicyclist's recovery would be reduced to $375,000. This reduction reflects their share of fault in the accident. However, even with partial fault, pursuing a personal injury claim is advisable, especially if the motorist bears a…Read More
In this article, you can discover: The three types of defects under California law: manufacturing, design, and warning. Key elements required for a successful product liability claim in California. The importance of preserving the defective product for evidence in liability cases. What Does California Law Consider A 'Defect' In A Product? Have you ever purchased a product that did not function properly, and you are wondering if it is legally considered 'defective'? In California, this is a critical question, especially if you're facing an injury due to a product. Let's explore the three main types of defects recognized under California law: Manufacturing Defects: This happens when a product doesn't meet the quality standards it should. Picture buying a coffee maker that malfunctions and causes a burn. If it only occurs with your machine and is not common with other units, it is likely a manufacturing defect. Design Defects: With a design defect, the problem lies…Read More
