Posted On: September 18, 2008

ADA Lawsuit Filings Appear To Be On The Rise

Solely based upon calls received by Walton Law Firm LLP, it appears that the numbers of ADA lawsuits are on the rise. In the past week we have received a number of calls from landlords and tenants who have been served with either ADA notices or lawsuits.

Most ADA lawsuits are filed by a disabled person who believes they are being denied reasonable access to a public place of business. In the typical commercial setting, it is the tenant who is responsible for ensuring their premises are in compliance with state and federal ADA guidelines although the landlord is almost always named as a defendant as well.

At Walton Law Firm LLP we are experienced in defending both landlords and tenants in ADA matters, in both state and federal courts. If you have been served with an ADA lawsuit and would like a free and confidential consultation please do not hesitate to give us a call.

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Posted On: September 13, 2008

Metrolink Train Accident Kills 25, Injures 135

The Metrolink commuter train that crashed September 12 in Los Angeles occurred when the Metrolink engineer failed to stop at a red signal, according to Metrolink spokesperson:

When two trains are in the same place at the same time somebody's made a terrible mistake.

The accused engineer was among the 25 people killed, and 135 people have been reported injured, 81 of those in serious or critical condition. The accident is the worst in Metrolink history.

Walton Law Firm LLP is a personal injury law firm that represents injury and wrongful death clients throughout Southern California. Contingency fee arrangements available and consultations are always free.

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Posted On: September 10, 2008

Oceanside Man Severely Burned in Construction Accident

An Oceanside construction worker suffered serious burn injuries yesterday when a can filled with gasoline exploded as he was attempting to fill the tank of a chainsaw. According to reports, the 35-year-old worker suffered severe burns over 50% of his legs and was taken by helicopter to UCSD Medical Center.

The incident occurred at Martin Luther King Jr. Park on Mesa Drive where a construction crew is building a skate park. It appears that fumes from the chainsaw ignited fumes coming from the gas can. Cal-OSHA is investigating.

Safely filling a chainsaw usually requires using an approved container, depending the brand of the saw. Such a container would limit the amount of fumes or spillage that could occur when filling the tank, thus limiting the chance of ignition. That is a questions OSHA will no doubt answer.

Walton Law Firm LLP has represented burn victims in product liability cases involving explosion, the most recent involving an accident where a propane tank exploded during refilling. Burn injuries, of course, are some of the most serious and damaging injures a human can experience, and require extensive and long-term medical care.

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Posted On: September 4, 2008

Real Estate: Carlsbad Planning Department Determination Overturned

Real Estate Zoning: Last night, attorney D. Scott Barber of Walton Law Firm LLP successfully appealed a decision of the City of Carlsbad Planning Department to deny a client's business license.

The client, an audiology center, had applied to re-new its business license after moving within the City of Carlsbad. The Planning Department denied the request, finding that the type of business was not permitted within the Planned Industrial (P-M) Zone. Walton Law Firm appealed the Planning Department's determination, arguing that the audiology center was permitted within the zone as an "Industrial Medical" use. Because of its location, the audiology center caters largely to the surrounding manufacturing businesses and the airport, providing hearing testing, custom hearing protection and hearing aids for those who have suffered hearing loss. The Planning Department denied the appeal. Walton Law Firm then appealed the decision to the City of Carlsbad Planning Commission.

Following a public hearing, and lengthy questioning by the Commissioners, the Commission voted 4 to 2 that the audiology center is an "Industrial Medical" use and therefore a permitted use within the P-M Zone. The Commission further voted to direct the Planning Department to allow the audiology center to re-new its business license.

If your business needs assistance with a zoning or other regulatory issue, or any other commercial real estate matter, please contact Mr. Barber to find out if Walton Law Firm can assist you as well.

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