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Personal Injury Blog

Are You Liable if Someone Trespass To Use Your Pool and is Injured?

Thursday, November 30, 2017

Pools are a great thing to enjoy when it starts heating up out there. You can enjoy them privately or with your friends and family. However, owning a pool can make them an attractive target to other people, particularly children and teens. Some might find it a thrill to sneak onto your property while you are asleep or away and take a quick dip. Mostly this is harmless, if not just plain unnerving, but what happens if that trespasser is injured?

Many landowners in California would be surprised to discover that the state has very little distinction between people you invited over and people who were trespassing. The law used to state that children injured on the property for trespassing were to be covered in case of injury or death by those who owned pool or playground equipment under attractive nuisance. However, that was repealed and replaced with the current law that states landowners are responsible for trespasser injuries if their property is not kept in safe condition.

This means that if a trespasser using your pool slips and injures themselves, you could technically be held responsible. However, if you made the effort to fence off your pool area or put down flooring that is naturally non-slip, you may be able to argue against it.

The truth is that in terms of trespassing, property liability can be a very difficult area of the law to sort out on your own. This is why if a trespasser was injured on your property, you need to contact us right away. The Law Office of Freeman and Freeman can help sort out the small distinctions and loopholes in your case so you don't have to cover the injuries of someone who was technically committing a crime.

Is There Liability for Stray Dog Bite?

Thursday, November 23, 2017

Often when a person is bitten by a dog, the owner of the dog is held liable for their pet's actions. As such, lawsuits can be pressed against them to cover the extent of medical bills. However, not every dog has an owner. If you were attacked by a stray dog, what happens then? Is anyone held liable?

Those bitten by a stray dog may first look to the city as liable. After all, they are responsible for animal control. However, it is very rare that if you were bitten by a stray dog that anyone will be held responsible for the attack. There is one clause that states if the dog was already picked up and put in animal control, and it for some reason escapes, then the city can be held responsible for any injuries that occur. Yet, those circumstances are very rare. This means that if you are attacked by a stray, you will need to cover your own medical bills.

If you were attacked by a stray dog, your first priority is to get to safety. Afterwards, call emergency services in order to seek help for your injuries, and, if the dog is still present, be sure to contact animal control right away so they can prevent any more injuries from occurring. This is particularly important so they can arrive with or before emergency services to prevent the paramedics from becoming injured as well.

While there is not much we can do for you in the event of a stray attack, if it does turn out that the dog belonged to someone, even if they abandoned it somewhere, that dog's owners can still be held liable for the attack. If you were attacked by a dog, contact us today to see what we can do for you.

Who is Liable if a Bicyclist Gets Doored?

Thursday, November 16, 2017

Riding your bicycle in a city is filled with many dangers. Many drivers do not yet know how to share the road with cyclists, meaning that the rider has more to worry about than your average motorist. However, while cyclists need to mind motorists and pedestrians, they also need to pay attention to the point where motorists are about to become a pedestrian – when they leave their car.

Riding along a line of parked cars is always a major worry. One car door opening immediately in front of a cyclist can make it dangerous to dodge and difficult to stop. However, for the cyclist that actually does get doored, who is at fault?

Traffic laws for cyclist require them to ride in the bike lane if available or to the right of traffic. Both circumstances will put them very close to parked cars, with bike lanes typically giving them a little more clearance. However, it is not so completely uncommon for drivers to park in a way that leaves their car in the bicycle lane as well. This makes things frustrating and dangerous. However, one thing is for certain, in most cases if a cyclist gets doored, the motorist is responsible.

Part of a driver's rules of the road states that before opening a car door, they need to check if it is safe to do so. While a driver can argue that a cyclist should have been able to dodge if there was no traffic, and thus contributed to the accident, that is not always valid. There is no denying the rules that state a driver needs to check their mirrors to make sure the door zone is clear before opening.

If you have been in a bicycle accident, regardless of if you are the driver or the cyclist, contact us today. By examining the details on a case-by-case basis, the Law Office of Freeman & Freeman can help make sure that you aren't stuck with the bill.

Who Can File for a Wrongful Death Claim?

Thursday, November 09, 2017

Losing a loved one is an emotional experience and a traumatic event that can change everything, especially if they were taken away long before their time in an accident. Furthermore, losing a loved one, especially if they are a primary earner of a household, can put a huge financial strain on the family and increase the stress for all parties involved. However, if your loved one was killed in an accident due to unsafe work condition or sheer negligence, then your family shouldn't have to shoulder the financial burden of putting them to rest and losing their income.

Wrongful death suits are the result of losing a loved one in an accident where someone died as a result instead of was just simply injured. This can include auto accidents, personal injury incidents, and on-the-job accidents, or the result of a dangerous or defective product. However, not everyone can file a wrongful death claim. In California, only a select few people are allowed to file a wrongful death claim.

In most cases, it is usually the surviving spouse or children of the deceased. However, in some cases where there are no children or surviving spouses, then a wrongful death claim can still be filed by a relative who would be entitled to property or assets through the estate. Finally, those who are financially dependent on the deceased, even if they are not related by blood, such as stepchildren, can also file by California state law.

If you have lost a loved one due to an accident or the sheer negligence of someone else, don't suffer in silence. Through a wrongful death suit, you can not only cover funerary expenses and final medical bills, but you may be able to get compensation to cover their loss of income as well. Contact us today to see what we can do to represent you.

Truck Accidents: Let The Professionals Handle This!

Thursday, November 02, 2017


Protect Yourself From The Dangers Of The Road

Deteriorating road conditions. Road rage. Drivers under the influence. And now self-driving vehicles. What else do you have to be concerned about? Oh, of course. Truck accidents..........

Truck Accidents Are Caused By:

A multitude of things. Perhaps road conditions had deteriorated to the point that traveling them was unsafe. Possibly the truck wasn't maintained properly and was unable to stop in time. Or the truck had a defective part from the manufacturer that caused the collision. Even improperly secured cargo causes truck accidents. 

However, in many truck accidents, the driver is at fault. Maybe the driver was on their cell phone, texting or talking with someone. Or possibly under the influence of drugs and/or alcohol. Or driving too fast for conditions or in violation of the speed limit. Because of demanding work schedules, some who drive professionally are tired to the point of falling asleep at the wheel!

What A Victim May Suffer

The immediate damage of truck accidents is obvious physical issues: broken bones, lacerations, etc. However, long-lasting unseen damages need to be considered. Among these are psychological trauma that afflicts indefinitely, such as post-traumatic stress disorder (PTSD). And some problems that are physical, such as heart problems brought on by the stress, deserve fair compensation. 

What A Qualified Law Firm Will Do

In a nutshell, they investigate all factors to make sure the innocent victim isn't victimized again by unfair (or no) compensation. The victim of a truck accident is best served by accident scene investigators, if necessary. Top-notch attorney representation provides this. And if a case is accepted but not won, there is no fee. 

If you were involved in a truck accident, before you talk to anyone, contact us for a free consultation!


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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.