This regularly updated blog offers information on a wide range of personal injury and workers' comp litigation topics. Browse these posts for information on common accidents, injuries, damages, and more.

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  • Business Owner's Failure to Inspect for Hazards | Slip & Fall in San Diego Cluttered aisles in a California retail store can be a major problem for the owner. I have been to some retail stores and noticed that merchandise tend to get picked up by customers and placed on the floor. One such store is the Ross Dress for Less stores.
  • Sweep Logs | Establishing Notice of a Store Owner on a CA Slip & Fall Case The law in California has clearly established the business owner's duty to inspect, maintain and make safe the business premises; especially if any hazard or defect is found on the premises. This is to protect the public, patrons, or customers from any potential slip and fall accidents.
  • Three Ingredients to a San Diego Slip and Fall Injury: Shoes, Floor & Person Whenever you are dealing with a California slip and fall injury accident, you always have the same three ingredients: the victim's shoes, the floor, and the person (slip and fall victim). The injured person needs to be able to narrow down the causes or issues of the accident in concise terms.
  • Supermarket or Retail Store Duty in a San Diego Slip and Fall Case The supermarket or retail store has a duty to maintain its premises in a such a manner that it does not create an unreasonable risk of harm to the patrons or customers. It must, under California law, exercise ordinary due care under the circumstances of the slip and fall to minimize the commonly occurring slipping hazards (which caused the fall in the first place!).
  • The Notice Element in a San Diego Slip and Fall Injury Case | What to Know The Notice evidentiary element is by far the most critical element in a San Diego slip and fall injury case that needs to be established as soon as possible in a case. Without the crucial notice evidence, there is very little hope of success for a slip and fall victim.
  • Absence of a Hazard in a California Slip & Fall Injury Case | San Diego Firm On occasion, a California slip and fall accident and injury can occur when there is no obvious hazard; the floor is dry and clean, free of any dangerous debris. Usually, slip and fall victims of this type of injury fall allege the floor was so dangerous due to it being over polished and shiny.
  • Control of the Premises in a Slip and Fall Injury Case | San Diego Injury Firm Since duty in a slip and fall negligence case attaches to the management of the property where the slip and fall occurred, an issue will arise as to the control of the premises. A landlord may have control over the common areas of an apartment complex, but not over the interior of individual dwelling units. In the same context, the tenant of an apartment building will not have control over the common areas of the apartment building. Thus, in the analysis of a San Diego slip and fall case, it is necessary to decide whether the at fault party had or should have had control over that portion of the premises where the slip and fall accident happened. That is the question of the entire injury case.
  • Duty of Ordinary Care in a Slip and Fall Injury Case | San Diego Injury Law Firm Most jurisdictions require that the landowner use the level of care of an ordinarily prudent adult to prevent an unreasonable risk of harm. Under this legal rule, the custom and practice of industry is often used to establish ordinary care. As an example, abrasive admixtures added to exterior paint on walkway surfaces is ordinarily used in apartment complexes to reduce the risk of injury on wet walkway surfaces.
  • Hazards & Debris on Floors & Sweep Logs | San Diego Slip & Fall Accidents FREE books by San Diego Slip and Fall Law Firm: The basis of California slip and fall law stems from proving a property owner breached a duty owed to the injured slip and fall victim. Injured parties used to be faced with frightful burden of proving both breach of duty and notice. Over time, the courts have eased the injured parties' burden in regards to this burden (rightfully so too in my opinion). A 1954 California case called Hale v. Safeway Stores held that frequent inspection of the sales areas in markets was necessary and that 12-15 minutes between inspections would not be unreasonable.
  • The Hazard that Causes a Slip and Fall | Causal Link | San Diego Injury Firm Identifying the Hazardous Condition: In most California slip and fall cases, some physical feature or condition is a major contributing factor in the injure party's fall. The hazard may be as simple as water on the floor of a supermarket or as complex as a subtle variation in the riser height of a step in a stairway. In each case, something caused the injured person to fall down.
  • ERISA Subrogation Rights on a California Personal Injury Settlement San Diego ERISA Plan Law Firm: On May 15, 2006, the United States Supreme Court decided the Sereboff v. Mid Atlantic Services, Inc., 126 S. Ct. 1869, 164 L. Ed.2d 612, authorizing ERISA plans to enforce reimbursement provisions against plan members for health care expenses recovered in personal injury cases. The court there held that actions for reimbursement proceeding under a constructive trust or equitable lien theory constituted "appropriate equitable relief" available under 29 U.S.C. Section 1132(a)(3). The court rejected the Sereboffs' claim that the make whole rule should apply to the plan's claim, which was essentially for equitable subrogation, as follows:
  • ERISA Subrogation | California Cases & Private Insurance | San Diego Injury Cases Call San Diego Health Lien Subrogation Attorney Mark C. Blane at (619) 813-7955 to find out how you can Maximize your Personal Injury Settlement Today!
  • Origin of the Make Whole Doctrine | For San Diego Personal Injury Cases The make whole rule developed as an equitable defense to health insurance subrogation claims. Therefore, it is important for you to understand in your San Diego personal injury case. Under the rule, an insurance carrier seeking subrogation was denied any recovery until and unless the insured was made whole. This raised the issue of how one determines when an insured is made whole in order to apply the rule!
  • Permanent Disability under San Diego Workers Compensation Laws | Injuries The term Permanent Disability simply means an injured California worker has any lasting disability to a particular body part or parts that results in a reduced earning capacity or ability to work in the specific field that was part of the job in which the injured worker was injured. If your work related injury or illness results in permanent disability, then you are entitled to what the California Labor Code calls permanent disability (PD) benefits or PD benefits for short, even if you are able to go back to work after you recover from your work related injury.
  • Medical Care and Your San Diego Workers' Compensation Case San Diego Work Comp Law Firm: In the California workers’ compensation system, as an injured worker, you have the right to receive medical treatment that is reasonably required to cure or relieve the effects of your work related injury or illness, at the expense of your employer (your employer pays the insurance premiums to have work comp insurance which is required by California law). This medical care or treatment includes all necessary medical examination, diagnostic, surgical, chiropractic, acupuncture, and other hospital treatment along with any necessary nursing care, medication, crutches, orthotic and prosthetic devices, and other medical services that is directly related to the work related illness or injury.
  • Specific On the Job Injuries Compared with Cumulative Injuries | San Diego Under the California Labor Code, there are two types of injuries that a California worker can suffer on-the-job or during their course and scope of employment. The first type is there is a “specific" on-the-job injury. This is the most common type of work comp injury when people think of a work comp injury. For example, if you lift something heavy and injure your back, or if you are assaulted during work, or if you are involved in a car accident while making a work related delivery, then these are all considered a “specific” on-the-job injury that result directly from a specific incident that can be identified. There is no question of the causation of the injury. The second type is called a “cumulative” or “repetitive” on-th-job injury.
  • Comparative Fault in a California Slip and Fall Case | San Diego Injury Lawyer California is a comparative fault state. This fancy word means that the citizens of California are held legally responsible in court only for their share, or their portion, of an injury to another. More specifically, a property owner may not be 100% at fault for a slip and fall; they can be apportioned a degree of fault, if facts exist to support it; for example instead of 100% fault, they can be say 75% at fault, and the injured party 25% at fault. Thus, if the value of an injury from a slip and fall were $100,000.00 then that value is deducted by 25% or $25,000.00, and the value award to the injured party would be $75,000.00.
  • Head Injuries & Mandatory State Motorcycle Helmet Laws | San Diego Injury Attorney Here is an interesting statistic; did you know serious brain injury or trauma resulting in long-term, not short-term, disability is more common among motorcyclists injured in states without universal helmet laws? This finding comes from a recent research study. The research study went on to say that it found motorcyclists living in states without helmet laws were more likely to die in the hospital emergency room from their injuries due to a traumatic accident too!
  • What is a Traumatic Brain Injury | San Diego Brain or Head Injury Attorney San Diego Brain Injury Lawyer: A Brain Injury Accident is a potentially life altering event and may result in long-term or short-term impairments (under the AMA Impairment Guidelines 5th Edition). Brain injuries have differing levels of severity and affect each victim differently because each person's body is different, and each accident is very different bio-mehanically speaking. A person who has suffered a brain injury or brain trauma from an accident may have to readjust many areas of their life, and, sadly, they may not be able to continue living the way they did before the injury. Some areas that may be affected as a result of brain injury may include the following areas:
  • California Independent Medical Exams Exposed | San Diego Accident Lawyer As you will read below, IME’s are NOT “independent” in any sense of the word, and they are regularly used by insurance companies to improperly deny benefits to deserving people in their respective accident claims. The problem is at first blush it seems "fair" for an at-fault party to use an IME to understand the injured party's injuries; however, it is my opinion that they have been eroded to "pigeon hole" each injury claim as undeserving, and incentives are given to the IME doctor to be on a mission to look for anything, and I mean anything, that can make an injury case worth less no matter what (it is not about being independent or fair any more, and maybe it never was).