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Like residential and other commercial property owners, hotel owners have a duty of reasonable care and keep the property in a safe condition by discovering unsafe conditions and replacing, repairing, or giving adequate warning of a dangerous condition that can cause injury or harm to someone.
According to CACI 1001, hotel owners are legally responsible for dangerous and unsafe conditions that they either knew about or should have reasonably known. According to California law hotel owners are particularly required:
Hotel owners are also liable for the acts of their employees who are acting within the course and scope of their employment in case they create a dangerous or unsafe condition that can cause injury to someone. the hotel owner is presumed to have notice of that condition, by law. Hotels aren’t legally liable for injuries caused by unforeseeable events. A hotel can be responsible for failing to protect the visitors and guests from criminal acts in case it fails to provide chain locks, deadbolt locks, peepholes indoors, and other security devices to avoid contact with criminals.
Common causes of hotel injuries include the following:
To establish the hotel owner’s negligence in a premises liability claim, the plaintiff must be able to prove the following elements:
In California, a victim has two years to file a premises liability lawsuit against the hotel.
If you or a loved one has been injured in a hotel accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation.
Electricity powers our modern world, but it also poses significant dangers. Electrocution and electric shock accidents can cause devastating injuries, including burns, nerve damage, cardiac arrest, and even death. At KAASS Law, we understand the profound impact these accidents can have on individuals and their families. We commit to helping victims of electrocution and electric shock accidents seek justice and obtain the compensation they deserve. The following will explore the causes and consequences of these accidents, highlighting your legal rights and how we can help you navigate the complex legal process.
Electric shock injury happens when a person’s body becomes part of an electric circuit, the electricity flows between parts of the body or through the body to the ground. Symptoms of an electric shock injury depend on the current’s frequency, the path through the body, the amount of current flowing through the body, and the length of time the body remains in the circuit.
Injuries resulting from electrocution and electrical shocks include the following:
In California, people who own dogs can be held strictly liable for the harm from a dog bite, no matter how carefully they restrain or guard their dogs. California Civil Code Section 3342 is the dog bite statute, which outlines when dog owners can be held responsible for injuries caused by their dog.
According to CACI 463, in case the plaintiff claims that the defendant’s dog bit him and that the defendant is responsible for the harm, he must be able to prove all of the following elements to establish the claim:
Under strict liability, an individual is liable for his conduct, even if he was not acting negligently. Generally, to prove the claim the victims are required to show that the defendant’s conduct was negligent. However, under strict liability, the victims do not have to prove the defendant’s negligence. Factors the court considers regarding dog bite include:
The whole world is suffering nowadays because of the Coronavirus (COVID-19). The United States, like numerous other countries, is on national lockdown. The lockdown affected everyone either directly or indirectly. Both small and large businesses have suffered as a result. Free movement has limits after Los Angeles Mayor’s “stay-at-home” order. This leads to a chaotic environment for numerous businesses. It can be especially crucial for small businesses. Several businesses can not operate at all. It is very important now to provide especially the small and essential businesses with assistance and with new stimulus to overcome this situation. The COVID-19 pandemic brought unprecedented disruptions to businesses and individuals across the globe. Government-imposed "stay-at-home" orders, while necessary to curb the spread of the virus, caused significant financial hardship for many. If your business suffered losses due to these mandatory closures or restrictions, you might have a claim to compensation. At KAASS Law, we commit to helping you explore available avenues for recovery. The following is our attempt to help navigate information about seeking coverage for losses related to COVID-19 "stay-at-home" orders. Any kind of business assistance is worth it now. Additionally, still, several ways may reveal to seek coverage from your insurance for harm caused to your business due to the lockdown.
Stairways, a seemingly mundane part of our everyday lives, can pose significant hazards if not properly constructed or maintained. A simple misstep on a faulty staircase can lead to devastating injuries, including broken bones, spinal cord injuries, and traumatic brain injuries. In California, property owners have a legal responsibility to ensure the safety of their premises, including stairways. If you've been injured in a stairway accident, understanding your rights and the complexities of premises liability law is crucial. At KAASS Law, we are committed to helping victims of stairway accidents seek justice and obtain the compensation they deserve.
Here are some specific reasons that most stairway falls occur:
California law recognizes the importance of providing equal opportunities for individuals with disabilities in the workplace. The Fair Employment and Housing Act (FEHA) mandates that employers provide reasonable accommodations to employees and job applicants with disabilities, enabling them to perform their job duties and participate fully in the workplace. At KAASS Law, we are dedicated to upholding the rights of individuals with disabilities and ensuring that employers fulfill their legal obligations. The following will explore the intricacies of reasonable accommodation under FEHA and how we can help if your rights have been violated.
The Fair Employment and House Act provides protection to employees from illegal employment practices. Employers are subject to the Fair Employment and Housing Act in case they have five or more employees. According to the Fair Employment and Housing Act, employers who have five or more employees are required to provide reasonable accommodation in California for individuals with a mental or physical disability to perform essential functions of their jobs.
California has long been at the forefront of protecting the rights of LGBTQ+ individuals, and the workplace is no exception. The Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on sexual orientation and gender identity. This is guaranteeing that all employees have the right to a safe and inclusive work environment. At KAASS Law, we are dedicated to upholding these rights and fighting for justice when they are violated. The following will explore the issue of workplace discrimination and harassment based on sexual orientation and gender identity in California. As a result, we are attempting to explain your rights and how we can help.
The Fair Employment and Housing Act apply to employers with five or more employees. The exception is the cases of harassment, where there is no minimum employer size. The FEHA also applies to labor unions, employment agencies, state licensing boards, and state and local governments. Though, the FEHA doesn’t provide protection for federal employees. According to the California Fair Employment and Housing Act, (), it is illegal for an employer to fire, fail to hire, or discriminate in any way against a person on the basis of their sexual orientation. Sexual orientation can mean homosexuality, bisexuality, and heterosexuality. Furthermore, includes the perception that a person has some characteristics or in case a person actually has the characteristics of a type of sexual orientation.
Employment pregnancy discrimination occurs when an employee or job applicant receives less favorable treatment because due to her pregnancy or on the basis that she may someday become pregnant.
Examples of employment pregnancy discrimination include:
An employee or job applicant will have to prove the following elements to establish that the employer engaged in unlawful discrimination:
The California Family Rights Act (CFRA) provides eligible employees with crucial job-protected leave. This is so that someone can care for themselves or their families during times of need. However, many employees are unaware of their rights under CFRA. Employers sometimes violate these rights, leading to stressful and unlawful situations. The following is helping to shed light on CFRA violations and how KAASS Law can help protect your rights.
The California Family Rights Act (CRFA) has aimed to ensure employees with a right to a temporary leave from employment. The CFRA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave during a 12-month period for the following reasons:
The California workplace is destine to be a safe and fair environment where employees can contribute their skills and talents without fear of reprisal. However, the unfortunate reality is that workplace retaliation remains a pervasive issue, affecting individuals across various industries and professions. Retaliation can take many forms, from subtle acts of intimidation to outright termination, and it can have devastating consequences for those who dare to speak out against wrongdoing or assert their legal rights.
At KAASS Law, we believe that everyone deserves a workplace free from fear and intimidation. We dedicated in empowering employees with knowledge about their rights. Additionally, we strive for fearless legal representation to those who are victims to unlawful retaliation from unjust employers. The following will explore the issues of workplace retaliation in California. Importantly, we attempting to navigate our clients by explaining their rights and how we can help if you are a victim in the workplace. First, we need to uncover what workplace retaliation really is and then take steps on resolving this issue.
Workplace retaliation occurs when an employer takes adverse action against an employee because the employee has engaged in a protected activity. California law prohibits retaliation against employees who. Workplace retaliation can include any of the following actions:
Electric shock and electrocution accidents often occur in the workplace. Most electrical accidents result from unsafe equipment or installation, unsafe work practices, or an unsafe environment. Here is the list of workplaces in the United States with the highest rates of electrical accidents and electrocution rates:
When an electric shock and electrocution accidents injury happens in the workplace, the claim is usually covers workers' compensation, which provides lost income payments and medical care to the injured persons. Mostly work injuries in the workplace don't need to prove the employer's fault to get workers' compensation.
Usually, electric shock accident claims are based on negligence and to recover damages after an accident, the plaintiff must be able to establish the following elements:
When an electrical shock happens on another person's property, the property owner can be liable for dangerous conditions which existed on that property. In a premises liability personal injury lawsuit, the plaintiff must be able to prove the following elements:
Determining liability in electrocution and electric shock accidents can be complex. Potential liable parties may include:
Damages a person may be entitled to for an electrocution injury are the following:
KAASS Law: Fighting for Justice in Electrocution and Electric Shock Cases
At KAASS Law, we have a proven track record of success in representing victims of electrocution and electric shock accidents. We can help you:
Don't Face This Alone
Electrocution and electric shock accidents can have devastating consequences. If you or a loved one has been injured in such an accident, don't hesitate to contact KAASS Law. We are dedicated to protecting your rights and fighting for the justice you deserve.
For a free consultation with experienced lawyers from KAASS LAW with proven results, call us at (310) 943-1171.
California’s statute imposes strict liability only on the dog’s owner. However, under the statute, other persons, such as a keeper or handler, can also be deemed an “owner.” They can also be responsible for a victim’s injuries, but not under the strict liability statute. To be found guilty, a handler or a keeper must have prior knowledge of the dog’s aggressive acts, such as a prior bite.
When a person enters the property of another one he has a reasonable expectation that he won’t be injured or hurt. A property owner of the property or the occupier owes a due of care to third parties. Thus, it is the owner’s obligation to maintain a safe environment for all individuals entering his premises. This includes keeping potentially dangerous animals away from people or put up warning signs.
Some exceptions to California Civil Code Section 3342 include:
In California, the statute of limitations for a dog bite is two years from the time of the incident.
Are you a victim of a dog bite in California? Our experienced dog bite lawyers at KAASS Law may be able to provide you with the legal assistance that you need. We invite you to contact our office at (310) 943-1171 for a free consultation.
Business interruption insurance is designed to help businesses recover financial losses incurred due to unexpected events that disrupt normal operations. This coverage typically includes:
Many businesses faced challenges when filing business interruption claims related to COVID-19. Insurance companies often denied claims, arguing that the pandemic did not cause "physical damage" to property, which is a typical requirement for coverage. However, several legal challenges and court rulings have provided some hope for businesses seeking coverage.
Different types of insurances exist to secure your business from undesired consequences. And each of them has its own policies, which define when, how, in which terms the insured can claim and get coverage. Many entrepreneurs prefer to pay more for insurances, to be premium members, and to be on the safe side, but some of them choose cheaper insurances, without any additional coverage only for the riskiest scenarios. To figure out whether you can claim coverage from your insurance you should read very carefully the policy defined for your insurance. In the policy, you may meet the point that provides you with the lawful right to claim for your coverage. Sometimes it can be very difficult for a non-lawyer to discover that very point in the whole policy and it is important to consult with an attorney experienced in cases related to Insurances.
If you found out that your insurance contains the point that covers the present scene and you strongly believe that there exists the lawful right to claim for coverage, you should figure out now who has the liability to claim. By default, it will be the business owner on behalf of his or her own business. There may be a possibility also for landlords, who are forced to deal with unpaid rent and other related issues stemming from their tenants’ cessation of use with respect to the Insured Premises.
The nowadays situation is very unusual, it may even become confusing to a lawyer, let alone to a person without any legal discipline at all.
The COVID-19 pandemic brought unprecedented disruptions to businesses and individuals across the globe. Government-imposed "stay-at-home" orders, while necessary to curb the spread of the virus, caused significant financial hardship for many. If your business suffered losses due to these mandatory closures or restrictions, you might be entitled to compensation. At KAASS Law, we understand the challenges businesses have faced and are committed to helping you explore available avenues for recovery. The State of California also has a guidance and resources available to look into alternative solutions. KAASS Law firm’s lawyers are experienced in cases related to insurances and they can provide you with Coronavirus (COVID-19) legal help. They can help in the validity of the potential claim. They can ensure that the time limit, in your case, is met. Also, to produce the imperative paperwork available. This paperwork plays a huge role in such kinds of processes and is a mandatory part of compliance rules.
Falling on a stairwell can result in serious injuries or even death to the person. California has a number of safety code regulations concerning staircases. Common safety regulations include:
To prove the property owner’s fault the plaintiff must be able to establish the following:
The court also takes into consideration whether the plaintiff had a reasonable purpose for being on the stairs, was acting recklessly and his carelessness contributed to the accident.
California law operates under the principle of "premises liability," which holds property owners and occupiers accountable for maintaining safe conditions for visitors on their property. This includes:
California follows a "pure comparative negligence" rule. This means that even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced in proportion to your degree of fault. For instance, if you are found 20% at fault, your damages will be reduced by 20%.
In California, you generally have two years from the date of the accident to file a personal injury lawsuit for a stairway accident. It's crucial to act promptly to avoid losing your right to seek compensation.
Stairway accident cases can be complex. Proving negligence and navigating insurance claims requires legal expertise. An experienced personal injury attorney can help you:
If you've been injured in a stairway accident in California, don't hesitate to seek legal help. Understanding your rights and taking the right steps after an accident can make a significant difference in your ability to recover compensation and get back on your feet.
If you or a loved one has been injured in a stairway accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
Reasonable accommodation in the workplace can include, but is not limited to:
An employer is not required to provide reasonable accommodation if the employer would suffer an undue hardship.
California Government Code Section 12926 (u) defines an undue hardship as, "an action requiring significant difficulty or expense."
To determine whether an undue hardship exists the courts look at the following factors:
When the applicant or employee requests reasonable accommodations the employer is required to initiate an interactive process. Under California law, it is illegal for an employer to fail to involve in a timely and good-faith interactive process. The main aim of this process is to remove barriers that keep people with disabilities from performing jobs that they could perform with some form of accommodation.
To prove the claim of failure to accommodate a disability a plaintiff must establish the following:
For purposes of this claim, a person doesn’t have to establish that he/she suffered an adverse employment action as a consequence of his/her disability. According to the California FEHA, an employer’s failure to reasonably accommodate a person is a violation of the statute.
Damages depend on the level of the discrimination and the type of harm to the employee and can include monetary damages, equitable remedies, and punitive damages Money damages include:
If you believe your employer has failed to provide reasonable accommodation or has engaged in discriminatory practices related to your disability, it's crucial to seek legal counsel. At KAASS Law, we have extensive experience representing employees in disability discrimination and reasonable accommodation cases. We can help you:
If you believe you have been denied a reasonable accommodation by your employer we invite you to contact our Los Angeles disability discrimination attorneys at (310) 943-1171 for a free consultation.
You have the right to a workplace that supports your abilities and provides the necessary accommodations for you to thrive. If you're facing challenges related to reasonable accommodation, contact KAASS Law today for a free consultation. We're here to help you navigate the complexities of FEHA and ensure that your rights and its protection.
Sexual orientation discrimination occurs when an employer treats an employee or applicant unfairly because of their actual or perceived sexual orientation. This includes discrimination against individuals who are lesbian, gay, bisexual, heterosexual, or asexual.
Gender identity discrimination occurs when an employer treats an employee or applicant unfairly because of their gender identity, including transgender individuals, those who identify as non-binary, or those who do not conform to traditional gender norms.
Examples of sexual orientation discrimination in the workplace include the following:
A discriminated employee can file a complaint with the Department of Fair Employment and Housing (DFEH). DFEH will either investigate the complaint or issue a "right-to-sue notice. In case the DFEH finds evidence of discrimination based on sexual orientation and is not able to reach a settlement between the employer and employee, the agency can “prosecute” the case by holding a formal hearing or filing a lawsuit on behalf of the employee. In case the agency decides not to prosecute the case, the employee will receive a “right to sue” notice from the Department of Fair Employment and Housing.
A person will have one year from the date of the sexual orientation discriminatory act to get a right-to-sue notice from the Department of Fair Employment and Housing.
In case a person wins a discrimination lawsuit he may be eligible to recover the income that was lost as a result of the discrimination. The person can particularly recover:
At KAASS Law, we commit to protecting the rights of LGBTQ+ employees and creating workplaces free from discrimination and harassment. If you have experienced discrimination or harassment based on your sexual orientation or gender identity, contact us today for a free consultation. We can help you understand your legal options, navigate the legal process, and fight for the justice you deserve
If you believe that your employer has discriminated against you on the basis of sexual orientation, we invite you to contact our employment law attorney at (310) 943-1171, for a free consultation.
The five main laws which provide leave rights to pregnant employees and new mothers:
Each of the above-mentioned laws has its own eligibility requirements, each of them provides leave under different circumstances and for different lengths of time,
In addition to requiring 4 months of pregnancy leave employers are also required to:
If you believe that your employer has discriminated against you on the basis of your pregnancy, we invite you to contact our employment law attorney at (310) 943-1171, for a free consultation.
To be eligible for CFRA leave, you must meet the following criteria:
According to CACI 2600 to establish this claim of refusing to grant family care or medical leave, or refusing to return to the same or a comparable job when the family care or medical leave ended the plaintiff must prove all of the following elements:
The plaintiff must also prove the following to show the eligibility for family care or medical leave:
The employee must provide reasonable notice to the defendant of the need for medical leave or family care including its expected timing and length. An employee is required to give their employer 30 days advanced notice of taking family leave.
California Family Rights Act leave is generally unpaid leave unless the employee chooses to use sick leave, vacation time, or other paid leave time. In case CFRA leave is for the employee’s own serious health condition, the employer can require the employee to use accrued leave. Full-time employees can take leave for up to twelve workweeks in a twelve-month period and part-time employees can take leave on a proportional basis. An employee doesn't need to take leave in one continuous period of time.
Unfortunately, CFRA violations are not uncommon. Some of the most frequent violations include:
If you believe you have been denied a family leave by your employer we invite you to contact our Los Angeles employment lawyer at (310) 943-1171 for a free consultation. KAASS Law is here to help! https://www.youtube.com/watch?v=UdeL6JZjQ50
In California, workplace retaliation is considered illegal when the employer punishes his employees for the following actions:
The employee, who engaged in protected activity and was demoted or terminated as a result can file a claim with DFEH under the Fair Employment and Housing Act("FEHA"). In order to preserve your right, the employee must file a claim with DFEH within 1 year from the time of the retaliation. The department will investigate the claim and if there is enough evidence, proceeds with the claim. If not, the claim will be closed. Then the employee will be able to file a lawsuit against his employer. By filing a lawsuit, an employee can recover compensation for:
An employee is also protected from workplace retaliation under federal law in case he files a harassment or discrimination complaint at work either internally or to an outside body like the Equal Employment Opportunity Commission. Federal law also protects an employee who cooperates in Equal Employment Opportunity Commission investigations or serves as witnesses in EEOC litigation or investigations.
According to California Labor Code Section 1102.5, an employee can sue his employer for retaliation in case:
It is important to mention, that the employee is not required to prove the employer’s action was illegal to establish the claim. To prove a retaliation claim in California, an employee must show the following:
Very often retaliation and whistleblowing claims are discussed interchangeably however, they are not identical. Whistleblowing typically involves complaints or claims which focus on activities prohibited by law and activities that compromise public safety. A retaliation claim is more connected with individual employee rights, such as the right to speak up against harassment, the right to be paid overtime, etc.
Under California law there are the following types of retaliation claims:
At KAASS Law, we are dedicated to protecting employees from unlawful retaliation and ensuring that they can exercise their rights without fear of reprisal. If you have experienced retaliation in the workplace, contact us today for a free consultation. We can help you understand your legal options and fight for the justice you deserve. There are laws that protect you from you employment discrimination. If you believe that you are a victim of employment retaliation, from your employer, we invite you to contact our Los Angeles employment law attorney California Employee Relation Attorney today at (310) 943-1171.