Personal Injury

July 5, 2024

Should Youth Tackle Football Be Banned to Prevent Concussions?

Children and young adults can sustain traumatic brain injuries (TBIs) in various ways, from motor vehicle collisions and bicycle accidents to recreational activities and sports. TBIs and concussions, in particular, are notably dangerous because they can have long-term consequences, especially when kids sustain multiple concussions. While TBIs in various types of accidents are always preventable (meaning that they can be avoided if all parties drive safely and avoid negligent behaviors), many safety advocates emphasize that there is a clear way to prevent concussions in youth sports: ban tackle football. Recently, there was a legislative effort in California to ban tackle football for children under the age of 12, which was ultimately rejected.

Should younger kids be able to play tackle football? Data from the CDC suggests that it is especially dangerous. Our Rancho Bernardo personal injury attorneys can tell you more.

Proposed Legislation to Ban Tackle Football in California

June 7, 2024

What are Damages in an Escondido Personal Injury Lawsuit?

by Walton Law Firm

Anyone who has been injured in an accident in Escondido or elsewhere in Southern California may be considering the possibility of filing a personal injury lawsuit. It is essential to know that personal injury lawsuits are civil lawsuits, which means that there are no criminal consequences for the party who is liable for your injury, but instead, there are typically monetary consequences. In short, by filing a personal injury lawsuit, you can seek damages — a monetary remedy — from the party whose negligence resulted in you getting hurt.

Whether you were injured in a motor vehicle crash, in a slip and fall accident, in a sexual assault case due to negligent security, or as a result of using a defective product, you could be eligible to file a civil lawsuit and seek damages. What types of damages can you anticipate seeking? Our Escondido personal injury lawyers can tell you more.

Economic Damages

May 24, 2024

San Marcos Preschool Injuries and Prevention: What to Know

by Walton Law Firm

Parents who have young children in preschool entrust these early childhood education programs to keep their kids safe in a learning environment. While preschool can provide important socialization and other skills for young children before they enter kindergarten, preschools, and daycare centers can also be places where kids sustain serious and preventable injuries. According to the Centers for Disease Control and Prevention (CDC), preventing injuries in preschools and daycare centers should be a primary focus of early care and education (or ECE) providers. Yet just a moment of distraction or a failure to attend to an injury risk immediately can result in serious child injuries at preschools.

What should you know about preschool injuries, prevention, and liability? Our San Marcos personal injury lawyers are here to help, and we can provide you with more information.

Common Causes of Preschool Injuries

April 19, 2024

You May Be Able to File a Civil Lawsuit After a Sexual Assault

by Walton Law Firm

Serious injuries often result from accidents or unintentional harm in Valley Center and throughout Southern California, but they can also be caused by intentional acts. While many people assume personal injury lawsuits are only possible after motor vehicle crashes, slips and falls, and related types of injuries caused by another party’s negligence, it is essential to know that civil lawsuits can also allow someone who has been injured by an intentional act of violence to seek compensation. In some cases, the liable party (or parties) will include the perpetrator of the act of violence, but it is also possible that other individuals or entities can be held liable for negligence related to the assault.

In particular, victims of sexual assault in California can be eligible to seek financial compensation through a civil lawsuit, and a relatively new law in the state gives them significantly more time to do so.

Criminal Versus Civil Cases After a Sexual Assault

November 24, 2023

How to Seek Compensation for Holiday Injuries

by Walton Law Firm

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:

September 29, 2023

San Marcos E-Bike Accident Lawyers

by Walton Law Firm

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

August 4, 2023

When is a Third Party Liable for a Sexual Assault?

by Walton Law Firm

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

June 23, 2023

Sustaining a Concussion Can Increase Your Risk of Sports Injuries in the Future

by Walton Law Firm

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

April 28, 2023

Hotel Safety and Liability in Encinitas

by Walton Law Firm

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.

April 14, 2023

When Do I Need to Think About Comparative Fault in My Vista Personal Injury Case?

by Walton Law Firm

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