Monthly Archives: June 2024
Recognizing and Responding to Nursing Home Abuse in California
Abuse, unlike nursing home neglect, is an intentional tort. Usually, the tortfeasor (wrongful actor) intends the conduct, but not the result. For example, frustration might drive Sam to shove a nursing home resident. Sam knew what he was doing and his conduct was intentional. However, he probably didn’t intend the result, which is injuring… Read More »
If I Crossed the Street Against the Light, Do I Still Have a Case?
Probably so, although less compensation may be available. California is a pure comparative fault state. So, even if a victim was mostly at fault for an accident, compensation is still available. The court simply reduces the damages award based on the percentage of fault. If Sam’s damages were $100,000 and a jury finds that… Read More »
Legal Options in Elevator Accident Claims
Elevator safety is a serious issue in San Diego County. About half the area’s elevators are overdue for safety inspections. A significant number of these elevators haven’t been inspected in at least two years. Dozens of new, multi-floor buildings open their doors every day in San Diego County. Overworked inspectors cannot possibly keep up… Read More »
Formal and Informal Defenses in Motorcycle Wreck Claims
Legal defenses in motorcycle crash claims rarely succeed. The burden of proof in a civil claim is only a preponderance of the evidence, or more likely than not. That’s one of the lowest standards of proof in California courts. So, a little evidence goes a long way. Plus, in most cases, jurors sympathize with… Read More »
Five Common Causes of Electric Scooter Injuries
Mostly because electric scooter traffic has increased so dramatically, the number of electric scooter injuries has increased over 20 percent since 2022. These vehicles, which are usually regular scooters with small electric motors, are very common in dense, urban areas like Greater San Diego. They’re a good alternative for covering distances too far to… Read More »
“Routine” Pedestrian Accident in Pacific Beach
The media treated a near-fatal pedestrian accident as if it was nothing. But to the victim and the victim’s family, the crash was devastating. According to the San Diego Police Department, a 26-year-old man was driving a 2019 Toyota Corolla westbound in the 1500 block of Grand Avenue around 12:40 a.m. At that same… Read More »
