I was unaware that a water hose was placed across the walk way which I tripped on, fell and broke my hip. I had to have a total hip replacement. Still suffering pain from this. It happened one year ago, last February 2016. The hose was connected t...
Creating a fall hazard by placing a hose across a walking path is generally considered negligence and give you a solid personal injury claim. The exception would be if you were sufficiently warned in advance of coming across the hose. When you contact an experienced attorney you should be prepared to discuss the circumstances surrounding the fall. When? Where? How? Was their a warning sign? Did someone verbally warn you? Was the hose concealed in some fashion? Was a report made?
Developing the facts early in the case will help you get the results you are looking for.
I hope you heal quickly and fully.See question
They sent me a severance letter of 10 pages and trying to take all my rights. Can someone read and give me just an advise how to proceed?
To give you guidance, we would need to have more information. Do you believe that your termination was wrongful in any way such as discriminatory or in retaliation for whistleblowing? Have they breached any agreements, oral or written, that you had with the company?
When you discuss this with an attorney, you should consider these questions and provide the severance agreement and any related documents such as any contracts or write-ups you may have.
I am sorry you have lost your position. These can be difficult times and obtaining good counsel is a good start to moving on.See question
MY SON WAS RIDING A MOTORCYCLE WHEN HE WAS HIT BY A LADY IN HER CAR AND DIED. MY SON HAD THE RIGHT OF WAY BUT WAS GOING FAST. THE LADY TURN WITHOUT SEEING HIM. HER INSURANCE ONLY WANTS TO PAY $25000 MINUS THE LAWYERS FEE AND SHE WASNT ARRESTED
You should immediately demand a copy of the declaration page from the other driver's insurance policy. This will tell you what the maximum payout of the policy is.See question
I was falsely sued for breach of contract by a large company that had acquired my previous employer's company. After I quit working for my employer (I was never an employee though, always an independent contractor), I started my own one person LL...
In California, noncompete agreements are heavily disfavored. They are rarely enforced in court. However, if they were invoking an NDA (non-disclosure agreement) as you say, they were complaining about using their trade secrete information in performing your work. This is heavily fact specific and more information is needed.
That said, if their threats to your clients were unfounded, you could sue them for Tortious Interference with Prospective Economic Advantage and related causes of action. The damages could be extensive since your career has been destroyed.
I suggest hiring an attorney to look into the specifics of your case.See question
I was wondering if a photographer, in California, was legally allowed to include random people photographs (taken by the photographer of course) taken in public places like streets and parks in their portfolio? Is a photo release required if the p...
If a photo release is not signed, the persons in the photograph can sue for violation of their rights of publicity. Although the photographer likely owns the copyrights, it does not have the right to use the likeness of the persons in the photographs to advertise their services without a publicity release.See question
My car was totalled. The other driver fully admits it was their fault. My question is, when the at-fault driver's insurance adjuster comes to assess the damages to my totalled car, will they ask to see my insurance? My car is only worth about $450...
In California, the at fault driver or his/her insurance must compensate you for your actual economic loses, such as the cost of repairing or replacing the car, the cost of medical treatment, etc.
However, if you don't have insurance at the time of the accident, you are not entitled to compensation for "non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages" California Civil Code section 3333.4. There are a handful of exceptions to this rule mostly dealing with the other driver operating the vehicle while intoxicated with drugs or alcohol.
It doesn't sound as if you are seeking non-economic damages. So, this should not impact your demand for compensation. If you were injured and want compensation for pain and suffering, you should consult with an attorney regarding your options.See question
Hello, I am a mechanic for a company and is currently getting pay $15.75. I was required to bring and use my own tools for my job. I have been a mechanic with this company for 3 years. To my understanding, I am not require to bring and use my ...
You are correct. California’s Industrial Welfare Commission (IWC) Wage Order No. 4-2001 Rule 9(B) states that:
"When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and equipment shall be provided and maintained by the employer, except that an employee whose wages are at least two (2) times the minimum wage provided herein may be required to provide and maintain hand tools and equipment customarily required by the trade or craft. This subsection (B) shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards."
There are rare exceptions to this rule. You should consult with an attorney as soon as possible to discuss your remedies.See question
Are they liable for this misfill. He had took the 200mg ER for a week thinking he was taking 300mg ER . He was supposed to be taking 1200 mg per day but instead he actually was taking 800 mg instead of a week.
I have handled a similar pharmacy mislabeling malpractice case. The key question will be what was stated on the prescription bottle or did the bottle correctly describe what was placed in the bottle. Also, are there long term problems associated to this particular seizure? Did he spend time in the hospital?
I am sorry he had a seizure and hope he can get his medicine levels corrected quickly.See question
My friend was fired from work for not showing up. Unfortunately he was in the hostiptal fighting for his life. He got shot driving to the store from his house after work one night. Around a month later he went to pick up his final check when he h...
Your friend has 1 year to file a complaint with the DFEH (or EEOC if he wants to file with the Federal government). He would then have another year from the date the DFEH issues a right to sue letter to sue for wrongful termination (6 months if in Federal Court after an EEOC letter).
The question I have is what information did his employer have? Did he ever send a doctor's note or other information? If the employer had no knowledge of the health problems, then there's not much the employer needs to or can do.
Also, your friend needed to be employed with that business for at least 12 months and worked at least 1,250 hours in the prior 12 month period. There are many other questions that need answering.
Please also keep in mind that your friend has a possible action for personal injuries from the shooter or others if they were involved.
I hope your friend recovers fully.See question
During birth my mother requested no epidural because she was afraid of needles, and the doctor claimed that because of this she was a "natural childbirth nut" and brought in a midwife. After nearly 30 hours of labor, he refused to give my mother a...
Typically, a case of medical malpractice for injuries caused when a minor under 6 years old must be filed within 3 years of the injury or before the child turns 8 years old (whichever is layer). There are exceptions to this rule, including fraud or concealment by the doctor.
You should discuss your facts with an experienced attorney.See question