Answers to Frequently Asked Questions About Workers' Comp & Personal Injury Litigation
If you were hurt in a personal injury or workplace accident, you probably have a number of questions about your rights and legal options. Fortunately, Attorney Mark Blane has answers. Browse answers to FAQs here.
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SLIP AND FALL: What is a slip and fall accident in California?
Any accident that causes a person bodily injury due to a hazardous or dangerous condition on property that can include, but is not limited to, a spill, worn or torn spot, or other slippery substance, or hazardous surface or item. California law allows a legal recovery against an at-fault party that had responsibility in causing the slip or trip and fall accident.
PREMISE LIABILITY LAW: What is California Premises Liability Law?
This is simply the name of the area of California law that can make a person, business, or corporate entity, or employee of said business or entity that owns land or property legally responsible for injuries to another person caused by a hazardous or dangerous condition on said land or property.
RESPONSIBILITY: Who is responsible for a slip and fall accident in California?
The person or entity or employee of the entity that owned the property that caused the spill, worn or torn spot, or other slippery substance, or hazardous surface or item that led to a person's injuries and damages.
However, the person or entity or employee of the entity must have known, or should have known of the dangerous condition and did nothing to remedy it, must have had control or dominion over the hazardous condition, and the hazardous condition was not easily seen by the person injured. In every case, it must be determined if the person injured can be held partially responsible if there was any reason why their own carelessness may have contributed to the accident.
ACCIDENT REPORT: Does a trip or slip and accident report need to be filled out at the time of the fall under California law?
No, but it is helpful, and it is not required under California law.
In fact, an accident report should be requested by the injured party if none is being provided following a slip and fall causing injury. Also, the injured party should not to forget to ask for a copy even if one cannot be provided. Today, more and more people have cell phones with camaras, and it is a good idea to take pictures of the hazardous substance or condition for any future evidence. I have even had clients take a photo of the accident report after filling one out when it was told a copy could not be provided to them. Gather any and all witness information as soon as possible, and if you can take a picture of witnesses, that is also a good idea.
"DIFFUSE AXONAL INJURY" | SAN DIEGO CALIFORNIA BRAIN "DAI" LAW FIRM: What is Diffuse Axonal Injury (DAI) to the Brain?Diffuse Axonal Injury is also known as (DAI). It is considered one of the most common and damaging injuries found in a traumatic brain injury (head injury). This means the damage is found in a larger area in the brain instead of a focal area of the brain. It is the result of bio-mechanical "shearing" forces that happen when the head is suddenly decelerated or accelerated; this type of bio-mechanical force is found in trip/slip and falls, auto accidents, pedestrian or bicycle accidents, rear-end collisions, or sporting activities.