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What You Need to Prove for a Slip and Fall Injury Claim

Thursday, October 13, 2016

Accidents happen every day. but most are harmless. We pick ourselves up and keep going. However, when an accident happens that is a little more severe, you may be able to get help with your medical bills. Unfortunately, when you get hurt in common accidents like slip and falls, they can be hard to prove. In order to hold another party responsible, there are a few simple things that you need to prove.

Proving Negligence

When proving negligence, or that the owner of the property knew about the danger and knowingly ignored it, the term "reasonable" is thrown around a lot. You need to be able to prove that they knew about the danger and just let it exist. This means that:

  • It existed for a reasonable amount of time before the accident that the owner had to know.

  • The property was routinely checked for dangers.

  • There was reasonable justification for the creation of a potential hazard.

  • There was no visible warning signage.

Proving You Didn't Cause the Accident

Often the best defense against a slip and fall case is that the property owner infers that you caused the accident yourself. Comparative fault states that you, in some way, had equal fault in causing the accident.

  • Were you engaging in an activity that prevented you from noticing the hazard (texting, reading while walking, ect)?

  • Were you supposed to be in that area?

  • Did you ignore adequate warning signs?

If you can prove all of the above, then you already have a strong case for a slip and fall claim. If your accident happened in the Los Angeles area, Freeman & Freeman may be able to help you. Contact us today to learn more.


Building Your Personal Injury Claim for Whiplash After an Auto Accident

Thursday, October 06, 2016

Sometimes it is hard to recognize at first, but whiplash isn't just for milking money out of a simple accident. If you experience any kind of neck pain after an auto accident, you may have a serious medical problem on your hands. While no one really likes to file a personal injury claim, when a driver's negligence puts you are risk for lofty medical bills, you need to file or suffer the bill yourself.

Seek Medical Attention Immediately

If you auto accident isn't severe enough to warrant paramedics, you still need to seek medical attention as soon as possible after the crash. Whiplash can set in later and the biggest mistake that victims make is to delay medical attention.

The longer you wait after an auto accident to get medical attention, the more difficult it will be to build your case. So just go in for a quick check up.

Keep Track of Medical Documentation

If you want to file a successful claim, you want to establish a paper trail through reputable doctors. The more injuries that can be backed up by medical documentation, the more can be paid out. However, do not try to pad your medical bills, it is never worth the potential trouble.

Be sure to have emergency room (or urgent care) admission forms and medical charts, x-rays, MRIs, CT scans, blood tests, doctors' notes, and documentation of any follow up treatment so that you can get proper payment.

Have you been in an auto accident in the Los Angeles areas where you suffered whiplash or other injuries? You may have some legal action available to you in order to cover your medical bills. Contact us today to see if Freeman & Freeman can help you.


Bus Driver Fatigue Poses the Biggest Threat to Your Safety

Friday, September 30, 2016

If you take the bus every day, it can be pretty taxing for those few minutes you need to ride it, but imagine yourself as a bus driver. You drive the same routes for hours on end for increasingly longer hours on a meager paycheck. It sounds pretty tiring, right? Well that fatigue that is wearing on your bus driver is actually one of the biggest threats to your personal safety. When a fatigued bus driver is behind the wheel of a fully loaded bus, it is almost as dangerous as trying to jaywalk across a busy street in Los Angeles.

How can fatigue effect performance?

Studies have shown that the longer you are awake, the more your mind begins to deteriorate and perform worse when focusing on driving-related tasks. After being awake for 13 hours, fatigue is manageable, but after 17 hours, you perform driving-related tasks at the equivalent of a 0.05% blood-alcohol level. After 23 hours of being awake, you perform akin to being legally drunk.

But why don't bus drivers just go to sleep?

Many bus drivers do get adequate time off, but many companies want to hire less bus drivers and force the employees they do have to work longer hours. As most need the money, they comply. In a recent case against a bus driver in New York that suffered a serious crash that killed four and injured 50, he stated that he had complained of fatigue to his superiors at work prior to the crash, but they had forced him to continue to work or risk losing his job.

Unfortunately, bus driver fatigue is as dangerous as it is difficult to prevent. If you have suffered a bus accident in the Los Angeles area that you believe was due to bus driver fatigue, contact us today to see if you are entitled to legal recourse.

Understanding Dog Bites / Animal Bites Law in California

Thursday, September 22, 2016

If you are the victim of a dog bite or other kind of animal bite in California, you need to understand the laws that affect your situation before making any decisions about compensation or settlement. Dog and animal bite situations can range anywhere from relatively harmless to life-changing. You will need to take several factors into account and speak with an attorney to learn your options and understand how to navigate the complicated legal process.

To put it simply, California law is quite clear, in Civil Code section 3342 that dog owners are liable for any physical damage suffered by a person in a public or reasonable private residence or dwelling. So, if you are a dog owner, it's important to make sure your dog is obedient and well-trained. Conversely, if a dog or animal bites you while you are acting reasonably, you are perfectly within your rights to seek compensation that aligns with your scope of pain and injuries.

With the right legal and medical analysis, victims of dog and animal bites can increase their chances of a swift and fair judgement for compensation in a court of law, if necessary. In the best outcomes, victims can reach a settlement without the need for a court appearance. If you experience a dog or animal bite, we can help you determine the best next steps you can take as a reasonable course of action.

Please know, there are times when you may not have a case...

California law is quite clear about the instances when dogs or animals can bite without breaking the law. For instance, if you are bit by a canine working for law enforcement, you may not hold the agency liable if you were breaking the law or inciting the animal in any way that proved the attack. Also, if you are being held as the suspect in a crime and get bit, you will not have.

The main takeaway is you need the advice of experienced lawyers who handle dog and animal bite cases before settling with the owner of an attacking animal. We specialize in helping citizens of Los Angeles and several surrounding areas, including: San Fernando Valley, Woodland Hills, Van Nuys, Encino, Thousand Oak and North Hollywood. Contact us to talk about your situation as soon as possible. Sometimes, the longer you wait, the weaker your case. And be sure to follow us on Twitter to keep up with our latest legal news, blogs and other helpful info.

The Hidden Dangers and Burn Injury Risks of Electronic Cigarettes

Thursday, September 15, 2016

Many people believe that electronic cigarettes are safer compared to conventional cigarettes. But even though e-cigs don’t combust tobacco the way the traditional tobacco cigarette does, these electronic products still pose dangerous burn injury risks. A troubling number of reports are surfacing showing how e-cigs can explode, causing facial and burn injuries.

The vapors of e-cigs are produced by heating a liquid, a process powered by a lithium ion battery. These batteries have already posed fire risks in other products, such as laptop computers. But the risk of a fire and potential explosion is higher in e-cigs due to the design of these products, according to Scientific American. The magazine notes that a 2014 report from the U.S. Fire Administration found that these devices’ cylindrical shape means that its weakest points are at its ends. These points are most likely to explode if the battery fails, the agency said.

A man in Albany, NY, found himself the victim of an exploding e-cigAccording to CNN, the exploding device knocked out teeth, ripped a hole in his tongue, and caused burns to his hands. CNN also noted another incident involving an Alabama teenager whose e-cig exploded and sent the device’s hot battery into his face.

Representatives of electronic tobacco products are standing up for their products, saying that they are rare. The Tobacco Vapor Electronic Cigarette Association said that when explosions happen, they are usually attributed to an e-cig’s charger. But regardless of the cause of the battery failure, an electronic cigarette poses a risk of explosion and fire. If you have experienced burns or other injuries from e-cigs, please contact us to learn more about your legal options.


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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.