If you are trick-or-treating with your child, and your neighbor has their lights on and is handing out candy, they are essentially inviting you onto their property. Under California law, you and your child would be considered “invitees” or visitors, and homeowners have a legal duty to keep their property reasonably safe for visitors. Therefore, if you or your child… Continue Reading.
Olympic skier Bode Miller lost his 19-month-old child in a friend’s swimming pool during a party. Drowning deaths like this one kill thousands each year. The Centers for Disease Control and Prevention (CDC) maintains that there are 3,536 fatal drowning accidents in the US each year. Twenty percent of these accidents involve children under 14 years old. Drowning accidents can… Continue Reading.
Swimming is a popular summer pastime that is enjoyed by millions of people each year. Although swimming is a great way to cool off during warm weather, there are ways you or loved ones could suffer harm while using a pool. Each year, there are reports of swimmers dying or suffering injuries. In a recent case that was widely reported… Continue Reading.
California has strict liability laws that make dog owners responsible for dog-bite injuries. It doesn’t matter whether the owner knew the dog was aggressive before or not, the owner will be responsible for paying damages to the injured party. The law, of course, has limits. The owner of the dog is responsible if the injured party: Was bitten, and Was… Continue Reading.
When you are exposed to a dangerous substance, you run the risk of being injured. Dangerous substances can include fertilizers, drugs, or cleaning chemicals. When exposed to these substances, humans can develop medical complications due to prolonged exposure or become sick from immediate exposure. Unfortunately, new chemicals are being produced everyday and as a result, toxic tort litigation has been… Continue Reading.
There are very few absolutes in this world, but many would agree that among them are death, trouble and taxes. However, when it comes to a personal injury lawsuit settlement, is paying taxes an absolute certainty? Are Personal Injury Lawsuit Settlements Taxable? In many cases, under both federal and state law, a personal injury lawsuit settlement is not taxable. Whether… Continue Reading.
If you’re a driver or a pedestrian in Santa Clara, you may have spotted new crosswalk beacons in the city. Officials put the new beacons up at El Camino Real, Morse Lane, Harrison Street and Buchanan Avenue. They say that the beacons are necessary to give pedestrians plenty of time to cross the busy lanes of traffic on these roads…. Continue Reading.
Distinguishing general damages from special damages in a San Jose personal injury lawsuit can seem a little confusing. Emotional distress may only occur in special cases, but property damage commonly occurs. It is a little less confusing if you think of “special damages” as “specific damages.” Special damages in San Jose personal injury lawsuits are specific and measurable and amount… Continue Reading.
If you or a loved one has been in an accident involving a public entity, contact us, IMMEDIATELY. You do not want to miss the opportunity to file your lawsuit. You have less time to file a lawsuit for an accident involving public entities than other cases. So, contact Needham Kepner & Fish, LLP., today. Call us at 480-780-2121, or… Continue Reading.
The weather is getting warmer. The days are getting longer. This means Spring is quickly approaching and with that, people begin to party. Beaches, bars, BBQs, sporting events, and house parties become common activities. College students and others set out on adventures for Spring break. Spring break injuries are common. Below is a list of common Spring break injuries and… Continue Reading.