Feb 24, 2022 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury Lawyer

Personal Injury Law–The Process

Injury lawyers help accident survivors get justice for their injuries and damaged property for all types of accidents, including work-related accidents, auto accidents, motorcycle accidents, and much more. You can do everything in your power to avoid injuries from an accident, but another person’s carelessness and negligence can cause what you were avoiding–an accident. A Bakersfield injury lawyer can help you get justice if you’re an accident survivor. An accident can leave you confused where to start, and you might even doubt whether you can be compensated for your injuries. However, you shouldn’t blame yourself for being involved in an accident, especially after being cautious. Besides, an accident can happen to anyone–how  accidents are resolved is what matters. A Bakersfield injury lawyer can evaluate your injuries and recommend the best legal option for your case, and guide you throughout the process until you get justice. Common Accident Injuries Accident survivors are often left with financial burdens, such as medical expenses, pain and suffering, lost wages, and much more. Unfortunately, some survivors are left with permanent disabilities and they need to be compensated. Common accidents that can be resolved with personal injury lawyers include: Auto accidents. Motorcycle & bicycle accidents. Aircraft accidents. Defective products. Firearm accidents. Dog bites. Medical malpractice. Toxic exposure. Wrongful deaths. Application of Personal Injury Law Personal injury law provides accident survivors the opportunity to find justice; justice in this case means recovering compensation for bodily injuries and personal property. The application of personal injury law follows the following process: Contacting a Personal Injury Lawyer The first step in most accident cases is seeking legal advice from an expert attorney, and a personal injury lawyer can help in this case. Evaluation of Facts After finding a good personal injury lawyer, you should furnish them with everything you know about the accident, including about the accident scene, who was responsible, was the accident preventable, and much more. A lawyer will depend on this information to build a strong case, so you shouldn’t omit any details. Filing Legal Action Your lawyer will initiate legal action (a claim) after evaluating your case and identifying a legal option of resolving the case with an aim of recovering damages. The Trial Court action goes through various stages, including submissions, deliberations, and reaching a verdict. The lawyer will be your primary legal counselor and will help you in all those stages. Recovering Damages A favorable verdict means you’ll be compensated while an unfavorable verdict means you lost the case and the right to compensation. Common Accident Claims Personal injury damages vary by each case, but the following claims are common across the board for all types of personal accident claims: Physical injuries claims Damaged property claims Lost wages, past and sometimes future Lost companionship Mental and emotional anguish claims Wrongful death of a loved one Medical expenses, past and future. Personal injury lawyers can get justice and recover for injuries to your body and to your property.  Besides providing legal representation, a lawyer will ensure your legal rights are safeguarded, and your chances of succeeding increase.

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Oct 26, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury Lawyer

The Leading Common Causes of Vehicle Accidents

The dawn of the 21st century introduced ever-improving technology even 21 years later. This is especially so when it comes to vehicle safety. To ensure such safety millions of vehicles are recalled annually. Unfortunately, despite technological advancements and vehicle recalls the United States averages about 6 million car accidents every year. One may wonder with all the improvements in technology and vehicle safety emphasized in vehicle manufacturing, what are the common causes of vehicle accidents. This article will discuss some of the leading common causes of vehicle accidents. If you are involved in a car accident in Bakersfield CA [https://www.youngwooldridge.com/bakersfield-car-accident-attorney] contact a law firm with great personal injury attorneys. It must be noted that there are generally two general categories that cover the  most common  causes of car accidents. The first category is one relating to driver error, while the second category takes into account external causes that are no one person’s direct fault; for example, brake failure or mountain lions or deer crossing the road. The National Highway Traffic Safety Administration (NHTSA) research shows that driver error is by far the leading cause of vehicle accidents in the United States. The most common forms of driver error include the following: Distracted driving – the term basically means anything and everything that takes the driver’s focus, eyes and mind from the road and/or hands off the steering wheel. This can be something as simple as talking to a passenger or reading billboards on the side of the road, or trying to  eat that burger while driving. However, the most common driver distraction is the use of a cell phone or other electronic devices. A study conducted by the National Safety Council[mental-distraction-myth-busters.pdf.aspx (nsc.org)] stated that driver distraction is so common because of the “myth of multitasking” while driving. The study shows that the human brain is incapable of performing two important tasks at the same time and instead ‘micro tasks’; meaning it handles only one task at a time between completing tasks. As a result, none of the tasks are being done effectively. Therefore, there is a high chance of causing a hazard when driving and doing any other task. DUI – the NHTSA statistics show that more than 40% of all vehicle fatalities are as a result of alcohol. Driving under the influence results in slow reaction times, poor vision and decision-making. Fatigue – one of the most dangerous causes of accidents is driver fatigue. In fact, it poses the same dangers as driving under the influence. When a person is fatigued, they are more likely to fall asleep while driving; however, it does affect a driver’s reaction times when responding to road hazards. Decision making – when driving a driver is faced with many decisions, such as whether to speed up, overtake a vehicle, tailgate or slow down. When such decisions are made in unsafe conditions or bad decisions are made this could result in a collision. According to the Center for Disease Control and Prevention (CDC) almost one in three car accident deaths in the United States involves speeding. Weather conditions – bad weather conditions that affect road surfaces and visibility also play a role in car accidents. A vehicle may be traveling at the posted speed limit in bad weather conditions and still cause an accident.

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Oct 26, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Business Law

California Laws on Driving and Cellphone Use

Distracted driving is one of the most common causes of accidents. This has become worse with the use of cell phones while driving. The state of California made it illegal for a driver to use a hand-held cell phone or to text while driving. This article will discuss the laws and penalties of cellphone use while driving in the state of California. There are a number of laws in place that have been provided for when it comes to the use of cell phones while driving. In fact, California has a number of laws that ban cellphone use while driving [Distracted Driving | Office of Traffic Safety (ca.gov)]. Despite the assumption that an individual may be able to multitask, science has proven that it is impossible to multitask and give equal attention to the tasks that are being carried out Instead, the brain allows one task to be fully carried out while the other is on ‘standby’. As is the case with driving and texting, one of these tasks suffers at the expense of the other. If you are involved and injured in an accident where the other driver was on their cell phone, speak to Bakersfield auto accident lawyers today. Generally, most states prohibit the use of hand-held cell phones to less experienced drivers and place restrictions on more experienced drivers. However, the state of California bans all drivers from using hand-held cell phones while driving. However, this ban does not extend to passengers; they are free to use their cellphones as they wish while in a vehicle. Further, this law extends to drivers in California regardless if they live in a different state or not. That being said, it must be noted that there exist a few exceptions with regard to the ban. These exceptions include the following: When making emergency calls to law enforcement agencies, medical providers, the fire department, or other emergency service agencies Use is allowed for persons operating authorized emergency vehicles and persons driving vehicles on private property The state of California uses a point system for moving violations, as of July 1, 2021 violations linked to the use of hand-held cell phones while driving will result in one point if it is within a 36-month period of a previous distracted driving offense. In addition, persons who violate the handheld cellphone ban will be subjected to fines. For a first offense, the base fine is $20, for a second and subsequent offense, the base fine is $50. However, it must be noted that these are court costs and other fees, and therefore it is likely the actual amount an offender may be required to pay will be much more than the base fine. For example, it is likely that the expected total charges in a first violation will be more than $150; while in the case of a second or subsequent violation the total charges will likely be over $250. Unlike the handheld cellphone ban, the rules associated with hands-free cell phone use depend on the age of a driver. More restrictions are imposed on drivers younger than 18. Texting while driving is prohibited.  

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Jul 27, 2021 | By Young Wooldridge, LLP | Read Time: 3 minutes | Personal Injury Lawyer

Determining Fault and Negligence in Your Injury Claim

In any personal injury case, the critical question asked at the outset is who was at fault. Fault is an essential aspect of any personal injury case because once it is determined, whoever I s at fault becomes responsible for paying damages or compensation. This article will discuss determining fault and the use of negligence to prove fault. According to one legal dictionary [Fault legal definition of fault (thefreedictionary.com)], fault is defined as “neglect of care, an act to which blame or censure is attached.” Fault can then rightfully be used interchangeably with liability. In a personal injury case, it is easy for person A involved in the incident, such as a car accident in Bakersfield CA [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/], to decide that person B involved in the accident is at fault for the accident. While person B affected may blame person A and C, this brings about the question as to who determines the issue of fault in a personal injury case? The most straightforward answer to this question of fault is determined by the circumstances surrounding the case. To accurately decide who is at fault, an investigation into the case must be made to determine all potential parties at fault. All this is carried out by a personal injury attorney representing the plaintiff. The attorney will, if necessary, present the case to the defendant(s) or a court so that a determination  can be made about who is at fault. It is not uncommon for a party involved in an injury claim who is at fault to carry liability insurance. When there is liability insurance, the burden of paying a damages award or settling the case falls on the insurance company. More often than not, the insurance company will carry out its own investigation into the incident and make an independent decision as to which party is at fault. If there is a disagreement as to who is at fault, the injured person and their attorney may choose to file a personal injury lawsuit. This gives the court, whether jury or judge, the ultimate power of determining who is at fault. Most personal injury claims are a result of an act or acts of negligence. Negligence is defined by the Cornell Law School Legal Information Institute [Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)] as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the circumstances.” Negligence entails an act that falls below the standard of care expected of a reasonable person, which results in the harm of another person. To show the fault of a person using negligence, four elements must be proven.  These elements are: Duty of care – There must exist a legal duty owed to the plaintiff by the defendant. For example, all vehicle drivers owe a duty of care to other road users. Breach – It must be proven that the defendant breached their legal duty of care  by acting unreasonably. Causation – The breach of the defendant’s duty of care must cause harm. For example, while running a red light, the defendant sideswiped plaintiff’s car. Damages – there must be actual damages or losses suffered as a result of the incident. For example, medical bills, lost wages, property damage, etc.  

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May 25, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

Common Types of Personal Injury Cases

Personal injury law allows an injured person to file a lawsuit in court to legally recover for all losses they suffered due to an accident or incident. This provision permits the injured person to receive financial compensation for their losses in a bid to ‘make whole’ the individual after suffering harm or loss due to the negligent or intentional actions of another. This article will discuss some common types of personal injury cases. Several situations can be remedied by way of a personal injury claim. However, it is essential to note that one’s suffering an injury does not automatically lead to legal liability. For example, some of the most common forms of personal injury cases include the following: Car accidents – Most personal injury cases in the United States are from car accident claims. In most cases, when a car accident occurs it is because one of the drivers failed to follow the road rules or was not driving as carefully as they ought to have been. As a result, a careless or negligent driver can be held responsible for injuries from the car accident. Medical malpractice – these are legal actions that arise when a health care professional (doctor, nurse, specialist, etc.) provides a treatment below the medical standard of care. The patient suffers injuries as a result. Medical malpractice cases are one of the most complicated forms of personal injury and thus require plaintiffs to enlist an experienced, professional personal injury attorney in Bakersfield CA. Medical malpractice attorneys can determine if you have a valid medical malpractice case or if your injury is simply a bad outcome, but still within the standard of care. All medical procedures are not successful. Slip and fall cases – slip and fall claims make up some of the most common claims in personal injury cases. These claims arise when an individual is injured as a result of a property owner’s negligence. Property owners have the legal duty to ensure their premises are reasonably safe and hazard-free. Depending on the situation and state, the property owner has specific legal responsibilities to fulfill. Not all injuries that happen on the property lead to legal liability. An injured person must prove that the owner was negligent. Wrongful death cases – wrongful death claims arise when a person dies due to someone else’s legal fault. Wrongful death claims include all fatal accidents, for example, vehicle accidents, medical malpractice, products liability, etc. The claim is brought on behalf of the surviving spouse, children or dependents of the deceased. Wrongful death claims are based on the theory of negligence, where a person failed to act reasonably under the circumstances or acted intentionally. Construction accident cases – These are claims that involve injuries sustained on a commercial property during construction due to the negligence of the property owner or third parties. There are usually a number of subcontractors at a construction site, and any on of them can be sued for negligence if it causes a worker to become injured. Keep in mind if your own employer is negligent, you can usually not sue them because of the worker’s compensation laws. As noted previously, personal injury law is a provision to ‘make one whole’ [Make One Whole | Wex | US Law | LII / Legal Information Institute (cornell.edu)], i.e., the individual who was a victim of negligent acts by means of financial compensation. For legal advice and representation, contact a law firm of renowned professionals specializing in personal injury matters.

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Nov 6, 2020 | By Young Wooldridge | Read Time: 4 minutes | Personal Injury Attorney

Wrongful Death in California—Who Can File a Lawsuit?

Unexpectedly losing a family member is a traumatic event. When a loved one dies due to another person’s negligence, sadness may turn into anger. Understandably, you want to hold the responsible party accountable for your family’s loss. While no amount of money can bring a loved one back, a wrongful death lawsuit could ease some of your family’s financial burden. Only certain family members are eligible to bring a claim, so you may be wondering, Who can file a wrongful death lawsuit? Who Can File for Wrongful Death in California? At Young Wooldridge, LLP, our California wrongful death attorneys can help you determine whether you qualify to bring a claim. Those eligible parties who can file for wrongful death include: The surviving spouse; The surviving domestic partner; and Any surviving children and grandchildren. If there are no surviving family members who fall under one of these categories, then the eligibility transfers to someone who has a legal right under California law to inherit property from the deceased. Examples of eligible people could be the deceased’s siblings or parents, depending on who is still alive. Someone who is not related to the deceased or was not dependent on the deceased for services and support is not eligible to file a wrongful death lawsuit. An adult child cannot file if the deceased has a surviving spouse. Parents of an adult child cannot file if the deceased has a surviving spouse or minor children. What Can Cause Wrongful Death? Wrongful death claims arise from a wide variety of accidents and other incidents. Some of the most common causes of wrongful deaths we represent clients for result from: Car accidents, Truck accidents, Pedestrian accidents, Motorcycle accidents, Medical malpractice, Defective products, Workplace accidents, Nursing home abuse, Negligent security, Premises accidents, and Criminal acts. Even if your loved one’s death was caused by something not on this list, you may benefit from consulting with a lawyer. Any circumstances where one or more parties contributed to another person’s death through negligence, recklessness, or intentional actions could be the basis for a wrongful death suit. How Long Do I Have to File a Wrongful Death Lawsuit? You have only a limited amount of time to file a wrongful death lawsuit in California. In most cases, the deadline is two years from the date of death. However, there are some circumstances that may extend the statute of limitation. It is always a good idea to speak with a lawyer about a potential wrongful death claim, even if you think the deadline may have passed. What Is the Wrongful Death Lawsuit Process? If you determine you’re eligible to file a suit and there is a valid cause of action for wrongful death, you should start meeting with wrongful death lawyers. Once you retain an attorney, they will begin an independent investigation and determine your potential case value. When your case is ready, your attorney will file a formal complaint on your behalf. During the pre-trial process, your attorney will continue to negotiate with the defendants in hopes of settling the case without going to trial. If you cannot reach a satisfactory settlement with the at-fault party, then your attorney will continue to prepare your case for trial. You may be called to give a deposition or participate in mediation or arbitration. Do You Need a Lawyer for a Wrongful Death Lawsuit? Filing a wrongful death claim can be a complicated process. If you make any mistakes, it could ultimately jeopardize your case. Also, many wrongful death claims end up in litigation. You will definitely want an experienced trial attorney representing you throughout the litigation phase. It’s better to hire an attorney right from the start so they can be involved in gathering evidence and building a strong case early on. How Does Hiring a Lawyer Help Your Wrongful Death Case? Before you decide to pursue a claim on your own, it’s helpful to understand how an attorney can help. If you are ready to pursue a wrongful death claim, here are some of the tasks an attorney can assist with: Thoroughly explain the wrongful death claims process in California and advise what your legal options are; Help you identify all possible plaintiffs; Identify all possible defendants and potential insurance coverage; Handle all negotiations with the defendants and attempt to reach a fair settlement before filing a wrongful death lawsuit; Represent you throughout the entire legal process, including litigation; Ensure no filing or court deadlines are missed and that your case is filed in the proper jurisdiction and venue; Oversee collecting your settlement or jury award; and Represent you if either you or the defendant decide to appeal the court’s decision.  Wrongful death lawsuits can take considerable time to resolve. An attorney can make sure you have a strong case for trial. If your case could benefit from hiring specific experts, they will advance the legal fees to get them involved in your case.   Hiring the Right Lawyer for Your Needs Retaining the right attorney for a wrongful death case is crucial. Because these cases are typically complicated and may wind up resolving through a jury trial, you need a skilled California wrongful death attorney who has the experience and resources to build a strong case. If you lost a family member due to someone else’s negligence, contact Young Wooldridge, LLP, to schedule an initial consultation. We have decades of combined experience representing clients for all their personal injury needs, including wrongful death claims. Call our office today, and let us help you get justice for your loved one.

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Nov 6, 2020 | By Young Wooldridge | Read Time: 4 minutes | Personal Injury Attorney

How Do I Know the Value of My Construction Accident Settlement?

Construction sites are notoriously dangerous places. They pose a risk to both workers and people passing by on the street. While there are strict regulations to keep construction sites as safe as possible, accidents happen regularly. If you were injured at a California construction site, you might be wondering what a fair construction accident settlement amount is. To learn more about what your case is potentially worth, contact a skilled California construction accident lawyer. No two accidents are exactly alike, and therefore, no two settlements are exactly alike. Your case value is dependent on multiple factors, including liability and your damages. At Young Wooldridge, LLP, we can evaluate your case and let you know what you might receive in a settlement or a jury trial. How to Tell If I Have a Case Just because you are injured in a construction accident, doesn’t necessarily mean you will have a successful claim. Before you can collect a settlement for a construction accident, you need to prove the basic elements of a personal injury case. You need to demonstrate that the defendants were negligent and that their negligence caused your injuries. You also need to show that the injury resulted in your damages. These damages may include things like medical expenses, lost wages, and pain and suffering. Are you an injured construction worker? In California, construction companies are obligated to carry workers’ compensation insurance. If you are a construction employee who is eligible for workers’ compensation benefits, you would need to file a claim for any injuries sustained on the job. If you are covered by workers’ compensation benefits, you’re prohibited from filing a claim against your employer. However, if there was another party responsible for your injuries, you could bring a third-party claim against them. If you work as an independent contractor or an innocent victim, you could file a lawsuit against the responsible party. What Steps Should I Take After the Accident? Immediately following the accident, try to document the scene if your injuries are not too severe. It would help if you tried to get photos of the site and whatever caused your accident. Try to take pictures of your injuries as well. If your injuries are severe, you should call 911 to have emergency responders dispatched. If they are not transporting you to the emergency room from the scene, you still need to seek medical attention as soon as possible. If you plan to pursue a claim for reimbursement of your damages, contact an experienced California construction accident attorney who can help. Do I Need a Lawyer to Help with a Settlement for a Construction Accident? You are not obligated to hire an attorney to represent you, but we recommend it. Construction accident claims are complicated and may involve numerous defendants. At Young Wooldridge, LLP, our legal team has decades of combined experience with construction accidents. Our top priority is helping you get the compensation you deserve after an accident. How Do I Know If the Insurance Company Is Offering a Fair Settlement? The best way to determine whether the insurance company is offering a fair settlement is to speak with an attorney. If you have not already retained a personal injury lawyer, now is the time. You should not agree to settle or sign a release of claims without speaking with a California construction accident attorney first. Without legal representation, it’s doubtful that the insurance company will be offering you a fair amount for your injuries. Insurance companies look for ways to deny claims or avoid paying high settlement amounts. Despite what they may try to tell you, they are not on your side. Without an attorney representing you, you could be missing out on the compensation you are owed. How Do I Know What My Case Is Really Worth? Before you can settle your construction accident case, you must calculate the value of your claim. Two types of damages make up the value of your construction accident claim. The first is economic damages, which reflect your quantifiable financial losses. These may include: Medical expenses; Physical therapy and rehabilitation; Prescription costs; and Lost earnings. The second type of damages is your non-economic damages, which are subjective in value. These damages include things like: Pain and suffering, Loss of consortium, Emotional distress, and Loss of enjoyment of life. In limited circumstances, punitive damages may also be available. These are not awarded to compensate you for the accident. Instead, they are to deter the defendant from engaging in the same behavior and punish them. Punitive damages are available only in exceptional cases—ones where the defendant’s actions were intentional, extremely reckless, or involved fraud or malice. Even if your case technically qualifies for a punitive damages award, there’s no guarantee the court will award one. Comparative Negligence Fault also plays a role in determining the value of your case. California is what’s known as a pure comparative negligence state. That means you can still recover compensation for your injuries, even if you are partially at fault. However, the court will reduce your award according to your percentage of fault. For example, if you were 30% at fault for the accident, you could claim only 70% of your damages. Hiring a Personal Injury Lawyer If you were injured in a construction accident, finding the right California personal injury attorney is crucial. Construction accident claims are complicated to pursue, especially when liability is in dispute and there are multiple responsible parties. Do not retain an attorney who doesn’t have prior experience successfully resolving similar cases. There is a chance that your construction accident claim will proceed into litigation. Choose a firm with a proven record of success at trial. To learn how we can help you resolve your construction accident claim for the maximum compensation possible, contact Young Wooldridge, LLP, today to schedule an initial consultation.

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Nov 6, 2020 | By Young Wooldridge | Read Time: 4 minutes | Personal Injury Attorney

Premises Liability Laws in California—Do You Have a Case?

Premises liability cases involve injuries that occurred on someone else’s property. A property owner can be held legally responsible for damages that take place on their property in certain situations. If you slip and fall in a grocery store, do you have a premises liability case? If you can prove negligence against the property owner or business tenant, you might have a valid legal claim. Pursuing compensation in these matters can be complicated, which is why it’s crucial to retain a skilled California premises liability attorney. What Is Premises Liability? Under premises liability laws, property owners must keep their property in a reasonably safe condition for visitors. They must warn visitors and guests of any dangerous conditions, especially those hazards that may not be open and obvious. If a jury decides a property owner is negligent, injured victims have a right to recover compensation for their injuries and other damages. Property owners cannot avoid legal responsibility by claiming to not know about the hazard. To determine whether a property owner should’ve learned about the dangerous condition, look at factors such as: How obvious was the danger? Were there complaints about any hazardous conditions? How long did the hazardous condition exist? Did the hazard injure anyone else? Were there poor attempts at fixing the dangerous condition? Premises liability doesn’t typically deal with minor or trivial defects. Determining what a dangerous condition is can depend on the type of property. If property owners cannot fix the hazard, they must at least warn visitors. A property owner can achieve this by posting a visible notice that warns arriving visitors before they are in a situation that could result in harm. Types of Premises Liability Cases in California Some people mistakenly assume premises liability cases deal only with slip and fall accidents. While attorneys typically file a significant number of slip and fall lawsuits on behalf of clients, many other accidents fall under premises liability laws. Some of the most common premises liability cases in California include the following: Slip and falls: uneven flooring, loose carpets, spilled liquids, ice, missing stair railing, broken stairs, etc.; Dog bites: bites and other injuries caused by someone’s animal; Construction accidents: crane accidents, falls from scaffolding and ladders, roofing accidents, no warning signs for people passing by, etc.; Amusement parks and waterparks: rides, parking lots, line areas, and food-service outlets; Swimming pools: falls and drownings at either public or private pools; Elevators and escalators: Faulty equipment and negligent maintenance; and Negligent security: Assault or other crimes that occur due to a lack of proper security. Premises liability claims arise from injuries sustained on nearly every type of property. You could be injured at a private residence, public parking lot, shopping mall, retail store, school campus, apartment complex, government building, hospital, and more. California Premises Liability Laws Premises liability in California is based on negligence. Property owners and those who occupy a property have a legal obligation to keep their property in a reasonably safe condition. If they do not or fail to warn visitors about hazards, they could be held legally responsible. Establishing the threshold for what’s reasonably safe will depend on what a prudent property owner would have done when faced with similar circumstances. Unfortunately, determining what a reasonable property owner would do is not necessarily straightforward. If your case is decided through a jury trial, the jury will consider multiple factors before finalizing a liability decision. Some of these factors can include: Where the property is located; The chances of another person entering the property in the same manner as you; The likelihood that an injury would result; Whether the owner was aware of the hazardous condition or should’ve known; Who had the burden of reducing or avoiding the risk; and The degree of control the owner had over the hazardous condition. California premises liability laws allow you to sue the person or company who owns, leases, occupies, or controls the property where you were injured. The law doesn’t require this to be the same person or entity. Someone could manage and control the property but not own it. In some cases, you’ll have multiple defendants. Some property owners and businesses will try to delegate their duty to others, but California’s premises liability laws won’t allow it. That means if an employee doesn’t fix a hazardous condition or warn their employer, the employer could still be liable for someone’s injuries. Under the legal theory of respondeat superior, employers are vicariously liable for any acts of negligence that occur within the course and scope of an employee’s job duties. How Do I Know If I Have a Case? To successfully sue for premises liability in California, you must prove negligence against the property owner. To start, you have to show the defendant is the one who owns, leases, or has control of the property. This person or entity has to be the party who is tasked with inspecting, examining, and verifying the property is reasonably safe. You must show how the defendant was accountable for their property. Is there something missing that would’ve made the property reasonably safe? Consider a negligent security claim for a parking lot assault. Did the store owner know about crimes occurring in the parking lot but fail to install any security cameras or hire a security guard? This case could be an example of breaching a duty of care. Were you injured due to the hazardous condition? You must show evidence that you suffered injuries on the property due to the dangerous condition. This evidence includes verifiable losses, meaning you must have sought medical treatment, lost time from work, etc. You can be injured, but if you don’t seek medical treatment for your injuries, you won’t be able to prove damages. Finding the Right Injury Lawyers to Help Choosing the right premises liability attorney in California is crucial. You need an attorney with the necessary experience and resources to litigate your case. It’s not uncommon for insurance companies to deny premises liability...

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May 8, 2020 | By Young Wooldridge | Read Time: 2 minutes | Personal Injury

Big Box Stores and Premises Liability

Californians enjoy the savings provided by big box stores. A number of major retail chains provide a wide variety of items in bulk for a significant discount. And who doesn’t like to save money, right? But are there risks to shopping in these huge stores? When accidents happen in a commercial business, the injuries are often subject to personal injury claims under premises liability laws. If you or a loved one suffer an injury while shopping in a big box discount store, you could be eligible to receive compensation for your injuries. An experienced personal injury attorney in Bakersfield can help you determine if you have a case. What is Premises Liability? Premises liability laws are in place to protect the public from accidents in public, commercial buildings, and other places. Basically, the owner or store manager has a responsibility to take all reasonable actions to ensure that the store is free of obstacles or other means by which patrons could become injured. For example, if a customer spills laundry detergent on the floor of a store, the store must take certain actions. First, a store employee will clean up the mess. Then, proper warning signs must be posted around the site for a certain amount of time, warning other shoppers of a wet floor and possible fall risk. If the mess is not cleaned up properly, or no signage is in view, and another shopper slips and falls, they could possibly file a claim against the store under premises liability law. What About Big Box Retail Stores? Large chain big box retail stores make their profits by buying huge quantities of products and selling them cheaply, and often in bulk. Warehousing costs are reduced by storing large pallets of products right in the store. Very often, this shelving is located immediately above the products on display for sale. A roll of paper towels is relatively light; but the weight of a wooden pallet containing 24 cases, each with 100 rolls of paper towels is significant. In the event of a collapse or inadvertent shifting of a load while placing more pallets of product nearby, these heavy amounts of products could fall on unsuspecting patrons, causing serious injuries. Moreover, since this accident features heavy objects falling from above, head injuries are likely and could be catastrophic. If you or a loved one suffers an injury in a bog box retail location and have questions about your legal rights, contact the Personal Injury Department at Young Wooldridge, LLP. Our Personal Injury attorneys have experience with handling premises liability accident claims. We can help you file the claim and vigorously pursue your right to compensation from the responsible parties. Call us today or send a message online to arrange your free same-day, initial case review.

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Apr 30, 2020 | By Young Wooldridge | Read Time: 2 minutes | Personal Injury

Proving Negligence in a Personal Injury Lawsuit

In most California personal injury cases, negligence is a deciding factor. Therefore, knowing about what constitutes negligence and how to prove it is important. If you or someone you love have suffered a personal injury through the fault of another party, it is highly likely that negligence is involved. Defining Negligence Negligence is legally defined as follows: “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).” While aspects of “ordinary prudence” and “some duty to act” are often debated, the courts generally have a firm understanding of these terms as applied to personal injury negligence cases. Basically, a person of ordinary intelligence and capacity who acts or fails to act in such a way that causes another person or party to sustain an injury is guilty of negligence. Proving Negligence Claiming another person or party was negligent in their actions or lack thereof is not sufficient; the law demands that the injured party provide sufficient proof of said negligence. Legally, four elements must combine to prove negligence occurred. They are: Duty, breach, cause, and harm. The existence of a legal duty of care – this means that the defendant (the accused) was obligated to prevent harm from happening to the plaintiff (the victim of injury). The breach of that duty – this means that the negligent party created or allowed a dangerous situation to occur when they could have taken reasonable measures to stop it. The sufferance of an injury or harm – this refers to the physical and mental trauma, property damage, and lost income that resulted from the breach of duty. The proof that said breach caused the injury – this is evidence that the actions or omissions of the defendant directly or indirectly caused the plaintiff’s injury. If all four factors can be proven beyond a reasonable doubt before the court, you may be able to collect financial compensation from a personal injury lawsuit based on negligence. Many other factors can be involved, as every personal injury case is different, whether it happened in a car, truck, or motorcycle accident, through a defective product, a construction accident, or by other means. If you or someone you love suffered a personal injury where you believe negligence is a factor, contact Young Wooldridge, LLP by phone or contact form. We are able to fully serve your legal needs during the Coronavirus pandemic and can provide a same-day review of your case with a free phone or video consultation.

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