Articles Posted in Personal Injury

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:

After suffering a personal injury in Valley Center or elsewhere in Southern California, it can be difficult to know how to proceed with a claim for compensation. If you discuss your injury with friends or family members, or with trustworthy co-workers, you might hear differing perspectives on filing an insurance claim or suing the at-fault party in a personal injury lawsuit. Conducting some preliminary research on the internet might reveal that personal injuries result in both insurance claims and personal injury lawsuits, and you may be unsure if you are required to follow one path over the other or if you have options. 

Our Valley Center personal injury lawyers can provide you with more information about insurance claims versus personal injury lawsuits after a serious accident or injury in San Diego County.

How and Where Did Your Injury Happen?

When you are staying at a hotel or motel in Rancho Bernardo, you should not have to worry about getting hurt in an accident because of the hotel’s negligence or because the hotel or motel is using a defective product in guest rooms or common areas. Yet hotel and motel injuries occur with some frequency, and guests can suffer serious and even life-threatening harm. If you got hurt while staying at a hotel or motel in Southern California, you should get in touch with a Rancho Bernardo hotel injury attorney to find out more about filing a claim for financial compensation. In the meantime, the following are some of the most common types of injuries that guests sustain at hotels and motels.

Slips, Trips, and Falls

At a hotel or motel, slips, trips, and falls can occur in various places and under a variety of circumstances. Often, a hotel or motel may be liable if a slip, trip, or fall occurred because of a liquid spill on the premises, a damaged area of flooring that went unrepaired, the presence of tripping hazards in common walkways, or a lack of lighting in areas where slips and falls could occur.

Car accidents happen much too often in and around San Clemente, and these accidents can have many different causes. Often, motor vehicle collisions result from another driver’s negligence, and it may be possible to file a lawsuit against that negligent driver. At the same time, car accidents can have other causes, so it is important to work with a Southern California car accident attorney to determine liability. In some cases, you may be able to file a claim against multiple parties. Consider some of the following ways in which different parties can be responsible for injuries in traffic collisions.

Driver Whose Negligence Caused the Accident

Whenever a driver gets behind the wheel of a car or truck, that driver owes a duty of care to other motorists on the road. That driver must behave reasonably behind the wheel, and that driver can be liable for any accidents and injuries resulting from careless acts or omissions. Some of the most common sources of driver negligence include distracted driving, drunk or intoxicated driving, aggressive driving behaviors, failing to obey traffic rules, and fatigued driving.

The summer months in Valley Center are often times for vacations and recreation, but it is important to know that certain kinds of personal injuries can occur with frequency during warm weather. As such, it is essential to understand various summer injury risks, to take precautions to avoid harm, and to seek advice from an experienced Valley Center personal injury attorney if you or your child sustains a serious or life-threatening injury as a result of another party’s negligence. The following are among the most common injuries that affect people in Southern California from June through September.

Heatstroke

When a person is outdoors in the summer heat for too long without adequate hydration, heat exhaustion can occur, and heat exhaustion can eventually lead to heatstroke. Many workers who do construction work and related jobs outdoors can be at particular risk for heatstroke.

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