Articles Posted in Personal Injury

Holiday injuries in Valley Center and elsewhere in Southern California can be devastating. They can lead to emergency room visits during the busy holiday season, which is supposed to be a joyful time of the year. Even worse, holiday injuries can sometimes result in serious and permanent disabilities, as well as fatalities. How can you seek compensation for a severe holiday injury? It will be important to discuss the details of your case with an experienced Valley Center personal injury attorney who can work with you to determine liability and file a claim for financial compensation.

Common Holiday Injuries

Many different types of injuries can occur during the holiday season, but most of them are preventable. When an injury does occur, however, another party may be liable due to negligence or as a result of a product defect. What are some of the most common types of holiday injuries? UCLA Health identifies the following as the most frequently reported injuries during the holiday season:

The City of San Marcos, California, emphasizes that electric bicycles, or e-bikes for short, have become “more popular than ever and allow people of many ages and abilities to enjoy cycling with assistance from an electric motor.” Indeed, e-bikes have become so popular that many Southern California cities have instituted specific rules concerning e-bikes, including where and how they can be used. Yet as e-bikes gain in popularity throughout California and the country, emergency departments are also seeing increasingly more injuries from e-bike accidents. 

While many Californians and visitors to the state have been reading about potential e-bike dangers for a few years now, are e-bikes actually much more dangerous than we thought? According to an article in Fortune, trauma specialists are concerned that “we’re on the front edge of a new order of danger on both bike paths and roadways.” What do you need to know about recent assessments of e-bike safety risks? Our San Marcos injury attorneys can say more.

E-Bike Injuries Increase Alongside Rise in Sales

Who is at fault when a sexual assault occurs in Oceanside or elsewhere in Southern California? Obviously, it may be possible to file a claim against the perpetrator of the assault in addition to any criminal charges that occur, but in some cases, third parties can also be liable. Indeed, sexual assaults occur with an alarming frequency in the state, and it is important to understand that it may be possible to hold a third party civilly liable for harm. According to a UC San Diego Health report, “reported incidences of sexual harassment are 5% higher for women and 10% higher for men than the national average.” Indeed, the report found that “more than 86% of women in California (compared with 81% nationally) and 53% of men (compared with 43% nationally) report having experienced some form of sexual harassment or assault in their lifetime.

When can you potentially hold a third party liable for sexual assault in Oceanside or another part of Southern California? It will depend on the circumstances, but our San Diego County injury lawyers can provide more information.

Hotel/Motel, Night Club, and Retail Store Owner Liability for Sexual Assault

Sports-related concussions in Rancho Bernardo need to be taken extremely seriously, whether they impact minors or adults, and whether they are a first-time injury or a subsequent concussion. Concussions are mild traumatic brain injuries (TBIs). While they might be described as “mild” in comparison with more moderate or severe forms of head trauma, they are nonetheless significant injuries that affect the brain. According to a recent study published in the Journal of Science and Medicine in Sport, sustaining a concussion could increase a person’s risk of experiencing additional sports-related injuries in the future. Accordingly, if a party bears liability for a sports-related concussion, there is a possibility that they could be liable for subsequent injuries that arise out of that TBI.

What do you need to know about the recent study and its implications? Consider the following information.

Athletes May Need Additional Time to Recover from Concussions

As the end of the school year approaches and people plan vacations in Encinitas and throughout Southern California, it is important to understand the types of injury risks that exist for guests of all ages and the ways in which hotels, motels, and other resorts or vacation rentals can be liable in the event of an injury. From harm caused by negligent maintenance of the premises to harm from inadequate security, there is a range of hazards that exist at hotels and motels. In many cases, the business is liable for injuries that happen to guests, and an experienced Encinitas hotel injury attorney can speak with you about your options for filing a claim. In the meantime, we can give you more information that will be helpful as you think about spring and summer vacation plans.

Hotels Owe a Duty of Care to Guests and Restaurant Patrons

Hotels and motels owe a duty of care to their guests who are staying overnight on the premises and even to patrons who are visiting the hotel for only an hour or two for dinner in the hotel restaurant or for a spa treatment. When hotels fail to ensure that their property is reasonably safe and when they fail to take reasonable steps to avoid harm, they can be liable for injuries that occur.

After any kind of serious accident or situation in Vista in which another party’s negligence or intentional wrongdoing causes a personal injury, it is important to think about filing a claim for compensation. Depending upon the cause of the injury, and the type of accident or circumstances in which the injury occurred, it may be possible to file an insurance claim to seek compensation before considering a personal injury lawsuit. At other times, it may be necessary to begin thinking immediately about a civil lawsuit under California law. If you have done any initial research into personal injury cases in Southern California, you might have come across the term “comparative fault” or “comparative negligence.”

When does the issue of comparative fault apply to a personal injury case? Our Vista personal injury lawyers can clarify.

Comparative Fault or Comparative Negligence Involves the Plaintiff’s Liability

If you suffer a brain injury in San Clemente, are you more likely than someone who has not suffered a brain injury to be diagnosed with brain cancer later on? In other words, is there a link between a person sustaining a traumatic brain injury (TBI) and their future risk of brain cancer? According to a recent study published in the journal Current Biology, there may indeed be a link between brain injuries and brain cancer. The study was conducted by researchers at University College London (UCL), and it could have implications for personal injury cases involving brain injuries and brain cancer diagnoses. What do you need to know? Our San Clemente personal injury attorneys can discuss the study with you, as well as its potential implications for a brain injury claim.

Head Injuries Cited as a Contributing Factor to Brain Cancer Diagnoses

The new study was reported in Docwire News, and that site explains that the study is notable because it reveals that “head injuries could be a contributing factor in the development of brain cancer later in life.” To be sure, the researchers determined that “genetic mutations, combined with brain tissue inflammation, changed the behavior of cells, making them more likely to become cancerous.” While previous evidence used to link brain injuries with brain cancer was “inconclusive,” the new study could prove that head trauma can be linked to brain cancer.

If you get behind the wheel of a car in Escondido or elsewhere in Southern California, you should not have to worry that you will be at risk of getting hurt in a serious crash caused by a motorist who is texting while driving. Yet despite California’s ban on texting while driving, many motorists continue to engage in this dangerous practice, putting themselves and other vehicle occupants, pedestrians, and bicyclists on the road at risk of injury. According to a recent press release from the AAA Foundation for Traffic Safety, it can help to underscore the severe accident risks that come with texting while driving by thinking about this type of distracted driving as “intexticated” driving. Indeed, the press release urges motorists: “Don’t drive intexticated.” 

As you can see, AAA takes the idea of intoxicated driving — a behavior that everyone knows can often be deadly — and uses similar language to describe texting while driving. What do you need to know about intexticated driving and seeking compensation after a crash?

What is “Intexticated” Driving?

Parents and guardians in San Marcos and throughout Southern California rely on daycare centers and preschools to provide care for their kids while they are working. Whenever you drop off your child at a daycare center or a preschool, you should be able to expect that your child will receive quality care and will not suffer harm as a result of the facility’s negligence. Yet injuries do happen, and it may be possible to hold one of the teachers at the facility accountable or the owner of the daycare facility itself (sometimes those parties are one and the same). What do you need to know about daycare and preschool injuries and about liability when injuries occur? Our San Marcos personal injury lawyers can provide you with more information.

Common Types of Injuries at California Preschools and Daycare Centers

Children at daycare centers and preschools can sustain many types of injuries. According to the California Childcare Health Program, the following are among the most common types of child injuries reported at preschools and daycare centers in the state:

The holiday season is approaching, which means that certain types of injury risks will increase in Carlsbad and throughout Southern California. While the holiday season brings an opportunity for recreational activities and gatherings with friends and family, various aspects of the holiday season also bring safety hazards. Who is liable for holiday injuries, and how can you seek compensation after an accident? Our Carlsbad personal injury lawyers can provide you with the information you need.

Wide Range of Accidents and Injuries Occur During the Holidays

A wide range of accidents and injuries result from holiday activities and excursions. According to the Electrical Safety Foundation International (ESFI), nearly 6,000 people require treatment in emergency departments each year for injuries resulting from falls while hanging holiday decorations. That number rises when you take into account holiday travel and motor vehicle collisions, home fires and burn injuries, and product defect injuries. The following are some of the more common causes of holiday injuries each year:

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