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Articles Tagged with negligence

Whether you have traveled to Escondido from a state far from California or you are a California resident and have simply planned a weekend trip to Southern California to spend time at the beach with your family, keep in mind that serious and deadly injuries can happen at hotels. While you might be prepared for the possibility of a car crash while you are traveling on the freeway, and although you may be taking precautions to prevent a drowning accident at the beach, you should know that hotels and motels can be dangerous places, too. When hotel or motel negligence results in a serious personal injury, you may be able to file a claim for financial compensation with assistance from an Escondido personal injury lawyer. In the meantime, the following are three things to know about hotel injuries in Escondido. 

Hotel Negligence Can Result in Many Types of Injuries

There are many different types of injuries that can result from hotel or motel negligence. For example, you or your child might sustain a serious injury as a result of a drowning accident near an unattended hotel or motel pool. Or you or another guest might sustain a serious injury in a slip and fall accident resulting from damaged flooring or a broken outdoor light that the hotel maintenance staff failed to replace. Slips and falls at hotels and motels can also occur in breakfast areas, at bars, and around pool decks due to liquid spills. At the same time, hotels may also be responsible for third-party assaults that happen because of negligent security—such as a hotel’s failure to repair a damaged door lock or window in your room. 

If you were injured in an accident in Carlsbad or in another incident that resulted in a serious personal injury, you may be thinking about your options for seeking financial compensation. If you were harmed in a motor vehicle collision, you could be eligible to seek financial compensation by filing an auto insurance claim before you need to move onto thinking about a lawsuit. Or, if you were injured at work, you could be eligible to obtain medical benefits and money to cover lost wages by filing a workers’ compensation claim. For other types of accidents, the first step may be to file a personal injury lawsuit against the at-fault party. 

Whether you have already gone through another claims or benefits process, or you are getting started quickly on your personal injury lawsuit, it is important to understand how comparative fault may affect the outcome of your lawsuit.

What is Comparative Fault? 

If you are planning to stay at a hotel in San Marcos or elsewhere in Southern California, you should be able to expect that the hotel will maintain the premises in a reasonably safe manner, and that you will not be exposed to unreasonable risks of harm or injury. However, in the era of COVID-19 and the coronavirus pandemic, the idea of being reasonably safe in a hotel environment has shifted. Many people still want to travel within California, and others want to plan vacations to Southern California from other parts of the country. Ultimately, if you stay at a hotel where you contract COVID-19, can you file a negligence claim against the hotel?

 
This is a complicated question, and it ultimately depends upon a number of different factors. We will provide you with some clarifying information below, but it is important to speak with a hotel negligence attorney in San Marcos to determine whether or not you have a claim.

 
Was the Hotel Negligent in Failing to Prevent the Spread of the Coronavirus?

Getting hurt in a motorcycle crash in Rancho Bernardo can be devastating. When motorcyclists are involved in collisions with cars or trucks, the motorcyclist often is the one who sustains particularly severe injuries. As the Insurance Information Institute (III) explains, “motorcycles are by their nature far less crashworthy than closed vehicles,” making motorcyclists more vulnerable in the event of an accident. While motor vehicle drivers often are at fault for motorcycle crashes in Southern California, motorcyclists can also bear some responsibility for the collision. If you were involved in a motorcycle accident and you think you may have been partially to blame, you may be wondering: Should I still file a claim even if I am partially at fault? 

Generally speaking, it is extremely important to file a claim even if you think you may bear some responsibility for the crash. Yet perhaps even more importantly, you should know the proper steps for moving forward with your claim to give yourself the best chance at obtaining full compensation for your losses.

Do Not Admit Fault—Even if You Think You Might be Partially to Blame

ryan-wilson-18905-copy-300x300If you are staying at a hotel in Rancho Bernardo with your family, and there is a swimming pool accident, who is liable? Hotel accidents and accidental drowning incidents happen more often than they should. Hotels in Southern California and throughout the country often have signs around pool areas that warn about risks. In some situations, parents sign waivers for their kids to use a hotel pool. Can a hotel still be liable in the event that a drowning incident occurs and a child sustains serious personal injuries?

The facts of each case are different, but it is important to know that warnings and waivers do not always release hotels or other property owners from liability in a swimming pool accident.

Premises Liability and Swimming Pools at California Hotels

Moving-2When we are on neighborhood roads or highways in Southern California, should we be concerned about the risk of a car accident caused by road debris? Most of us are typically on the lookout for other drivers who are not obeying the rules of the road or distracted pedestrians who might inadvertently step into traffic, but according to a recent report from CBS News, dangerous road debris causes far more car crashes than you might expect. Between 2011 and 2014, more than 200,000 collisions have been attributed to debris already in the road or to debris falling from unsecured truck loads. What else should you know about crashes caused by debris, and what can you do to prevent them?

AAA Study Highlights Severity of Crashes Caused by Debris and Unsecured Loads

The CBS News report cites a recent study conducted by the AAA Foundation for Traffic Safety, which determined that approximately 39,000 injuries and 500 deaths on the road between 2011 and 2014 resulted from debris. According to Tamra Johnson, a spokesperson for the AAA Foundation, “the really troublesome thing about all this is a majority of these crashes are preventable, if drivers would just take the necessary precautions to secure their load or maintain their vehicle properly.”

Pokemon_go_home_@_MontrealFor kids and adults alike, the recent Pokémon GO smartphone game has been an exciting activity around Southern California and throughout the country. However, according to a recent report from Inquisitr.com, the game has also resulted in a number of alarming accidents and injuries. You might have heard about pedestrian accidents caused by distracted walking, but Pokémon GO has taken these collisions to a new level, along with serious distracted driving crashes. The problem is not only one affecting people who play the game. Pokémon GO players—due to extreme distractions from the game—are causing serious accidents that are impacting other pedestrians, cyclists, and motorists who are paying attention to the rules of the road.

What should you know about this new smartphone game, and how can you avoid serious accidents and injuries?

Pokémon GO Causes Accidents in Southern California and Across the U.S.

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