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According to the California Tort Claims Act (California Government Code sections 810 through 996.6), a public entity is not liable for an injury by the public entity or any of its employees. The rule of sovereign immunity is another name for this general rule. Though, the law also has certain limited exceptions that allow the State of California to face liability.
All actions against a public entity seeking money or damages must proceed a claim, unless the action is excluding:
A government agency or entity is legally responsible for the negligent acts of its employees, in case they were acting in the scope of their employment and/or they were performing government function at the time of the accident happened. Under the California Tort Claims Act, the claimant has to file a claim with the entity or agency which employs the negligent employee. It is not permissible, according to CTCA, to file claims directly against the negligent party. In California, public entities can also be responsible for injuries caused by the negligence of their independent contractors.
The injury victim must give notice of his or her claim to the State of California, a county government, or a municipal government agency in order to file a claim against them. 6 This could include filing a report or sending a letter that serves as notice if it meets all of the necessary criteria. Many agencies and municipalities, on the other hand, have claim forms that individuals can fill out to notify them of a claim. The claim must include the following information:
Your claim may be invalidated if you do not provide all of the required information. A claim may be denied if it is not filed properly within the time limit set by law.
In certain circumstances, the government can be legally liable for personal injury damages under the Act. The following are examples of these scenarios:
The government entity or agency that is responsible for the employee, property, or carrying out a duty in a California Tort Claims Act claim is usually the government entity or agency that is responsible for the employee, property, or carrying out a duty. The CTCA covers state, county, and local government agencies and departments, as well as city and municipal government agencies.
The majority of personal injury claims have a time limit for filing. However, the statute of limitations, or the amount of time you have to file a claim against a government entity, is usually shorter than the time you have to file a claim against a private party. For claims involving the following, a notice must be filed within six months:
The six-month period may not begin to run until the plaintiff discovers (or should have discovered) the injury in very limited circumstances. In a medical malpractice case, for example, the victim may not be aware of an accident or injury for weeks or months.
If you or a loved one has been harmed as the result of another's negligence, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
“Wages” include all amounts for labor performed by an employee, whether the amount is calculated by time, task, or commission. Wage claims are governed by two sources of authority: the provisions of the Labor Code and a series of eighteen wage orders, adopted by the Industrial Welfare Commission.
According to CACI 2700 in case the plaintiff claims that the defendant owes him unpaid wages he must be able to establish the following elements:
Many people do not know the different types of ladder injuries that may take place. Ladders are commonly used in many different situations, and though they are not the most common type of injury, ladder accidents can still happen. Ladder injuries can range from minor scrapes to serious fractures. This article will talk about some of the most common types of ladder injuries and what steps to take for your case.
Though ladder accidents are not the most common, they can still happen if the right precautions are not taken. No matter where or how the ladder injury takes place, it is important to understand the seriousness of the situation. If a person is injured after falling from a ladder, they may be eligible to file a lawsuit to recover damages. An elevated fall is frequently the result of an accident on a portable ladder, extension ladder, or scaffolding. It should be noted that not all ladder injuries or deaths are the result of a high fall. A simple stepladder fall could result in serious injuries if the victim hits their head on the ground. The following are some of the most common injuries sustained in a ladder accident:
Construction law is a highly specialized area of the law. California has its own set of laws for construction lawsuits, and it's important to know them in order to understand your rights. This article will explore some aspects of California's construction law that are relevant to potential lawsuits and damages of claims arising from accidents occurring on construction sites in California.
In California, construction lawsuits can be filed against a contractor or any other entity that is in charge of the project. A plaintiff may win their lawsuit and receive compensation for the losses they have incurred due to the defendant's negligence. Plaintiffs may have to prove that the construction company was negligent and did not meet building codes or contract specifications. They also need to prove that they suffered damages as a result of the construction company's negligence, such as property damage or physical injury. If plaintiffs win their construction litigation, they can receive compensation for damages done to them by a negligent party. Below is a list of monetary damages the plaintiff may receive from their case:
A wrongful life lawsuit is a legal action asserted by a person born with a genetic impairment or disability. If the court determines that the plaintiff should not have been born, he or she may be entitled to compensation for medical bills and lost earnings. An individual in California must file this type of lawsuit within one year of reaching 18 years old in order to preserve his or her right to sue. Please check your state laws to find out if the requirements apply to your state.
A wrongful life claim is an often misunderstood type of legal action. The plaintiff in a professional malpractice suit has suffered damages because the defendant's failure to provide adequate care has resulted in injury or death. In California, it is not necessary for a doctor to have caused the patient's illness or injury; only that they failed to diagnose and treat the condition with reasonable skill and diligence. The medical malpractice victim may be able to recover compensation. In California law, a wrongful life claim is analyzed within the context of a professional malpractice action and there are 5 elements in a professional malpractice cause of action:
A wrongful birth lawsuit is a type of medical malpractice where mother, who gives birth to a child who has a disease or disability, files a lawsuit. The disability is not one that occurs during labor and delivery, as it is in wrongful death cases. Doctors are not liable as they fully informed the parents about the degree of the child's injury. Parents of children born with birth defects or diseases can sue the hospital or a healthcare professional in wrongful birth lawsuits. Parents can also file a claim if genetic counseling misled them about the chances of a fetus developing abnormally.
The California Supreme Court recognized the following general factors of a wrongful birth claim: the doctor failed to inform new parents the danger of having a child with a genetic or anatomical condition; the doctor's negligence caused the injury. According to CACI 512 to establish this claim of a wrongful birth, the plaintiff must be able to establish the following elements:
A roof accident can result in devastating injuries, costly medical treatment, and long recovery periods. In California, when someone falls or gets injured due to unsafe roofing conditions, it’s important to determine who is legally responsible.
Under California negligence law, any party that breached their duty of care and caused harm may be held liable. Liability isn't limited to the person who directly caused the incident—multiple parties could be responsible depending on the circumstances.
Several individuals or entities may be held accountable for a roofing accident, including:
Ordinary negligence is defined by California law as the failure to employ reasonable care to avoid harm to oneself or others. For example, if a business had their floors mopped, making them wet, and they failed to put up a "wet floor" sign, leading someone to slip, the business is liable. A person may be considered negligent if they do something in a circumstance that a reasonably careful person would not do.
People have a "duty of care" to others under California personal injury law. Teachers and childcare centers, for example, have a legal duty to look after children who have been left in their care. Drivers have a duty to follow traffic laws in order to avoid creating an unreasonably high risk of automobile accidents or pedestrian collisions. Depending on the nature or circumstances of a situation, determines whether a duty of care is owed along with what duty is owed.
A plaintiff must generally establish three factors in order to receive damages in a personal injury case in California:
Workplace discrimination is prohibited in California. Employers who discriminate against a person because of a medical condition are breaking the law. They must make reasonable accommodations for employees with a medical condition unless doing so would cause excessive hardship. People subjected to illegal medical discrimination can sue their employer for monetary damages. The following commonly asked issues about lawsuits for discrimination against California workers based on medical conditions are addressed:
In most situations, it is illegal for an employer in California to reject to hire an applicant because of his or her medical condition or perceived medical condition. Discrimination in the workplace because of a medical condition is illegal under California state and federal law. Employers may have preconceived notions about a person's ability based on their worries or assumptions about their medical condition. According to the , it is illegal for an employer to discriminate against an employee because of a medical condition. The law requires that employers evaluate job applicants regardless of their actual or perceived medical issues. Employers must provide reasonable accommodations to an employee or applicant unless doing so would cost the employer undue hardship. Discrimination based on a person's medical condition is illegal in any area of work or hiring, including:
All property owners in Los Angeles, including private and government property owners, have a legal obligation to keep their properties safe. A premises liability case is a lawsuit in which the plaintiff seeks to hold an owner or occupier of property liable for injuries, deaths, and other damages that occur on their property. These cases are often brought by people who have been injured as a result of something happening on the defendant's property. In order to prevail in these types of lawsuits, plaintiffs must show that the person they are suing was negligent or careless in some way-which can be established if there were dangerous conditions present at the time of the accident.
Your injuries can be severe and life-changing, whether you slipped on a damp floor at a shopping mall, stumbled on garbage in a grocery store, or fell on a damaged stair at a neighbor's house. If you have been injured as a result of a premises liability accident, you may be entitled to compensation for the following:
According to State law, almost all employees must receive the minimum wage. The current minimum hourly wage in California for businesses with twenty-six or more employees in 2022 is $15. For businesses with twenty-five or fewer employees, it is $14 for an hour. The required minimum wage is the employer's obligation and can’t be waived by any agreement, including collective bargaining agreements. An employer can’t use an employee’s tips as a credit toward the obligation to pay the minimum hourly wage.
According to California Labor Code Section 510, employers are required to pay their employees for overtime work after their hours. Employees who work more than 8 hours in a workday, more than 40 hours in a workweek, or more than 6 days in a workweek are entitled to overtime pay. Overtime laws don’t apply to all workers and certain workers, such as farmworkers, are covered by different overtime laws.
In California, employers aren’t obliged to provide paid time off or paid vacations to their employees. Though, the employers who choose to offer vacation should follow certain guidelines. According to California law accrued vacation is considered a form of wages that have already been earned by the employee, this means that accrued vacation can’t expire and must be paid out to an employee upon the employment termination. The same rule is applicable to paid time off.
According to California Labor Code Section, 512 non-exempt employees are entitled to rest and meal breaks. Thus, an employee must receive a thirty-minute meal break in case he works more than five hours a day. The employee is entitled to a second thirty-minute meal break if he works more than ten hours in a day.
If you quit your job and give your employer less than 72 hours' notice, your employer must pay you within 72 hours. If you give your employer at least 72 hours' notice, you must be paid immediately on your last work day. In case the employee is fired he must receive his final paycheck on his last day. In case he isn’t paid when the job ends, he may be entitled to receive an additional payment of a day’s wages for each day his employer withholds the final paycheck, for up to thirty days. If the employer ended your employment — fired you, laid you off, eliminated your position, etc. — they must have your final paycheck ready for you on your last day of work. If you ended your employment — you resigned or you quit — without notice, then the employer must have the check ready for you within 72 hours AFTER your last day of work. But if you quit AND if you gave at least 3 days advance notice to your employer of when your last day of work will be, then the employer must have your final paycheck ready for you on your last day.
Facing the challenge of an employer who refuses to pay your wages can be overwhelming and involve complex state laws. Contact KAASS LAW at (310) 943-1171 today regarding your legal rights to get immediate consultation and prompt help.
When a ladder malfunctions and injures someone, the victim may not know who is to blame. When filing, it is important to take into account the details surrounding the accident, in order to better assist in figuring out who is at fault. An injured person can sue anyone involved in the manufacturing, distribution, or sale of the defective goods under strict responsibility. Depending on the situation and how the injury was sustained, a person has options on who to file against. The options include:
Some ladder accident lawsuits are settled before going to a jury. The sums involved in these settlements can be in the tens of millions of dollars. Other ladder accident lawsuits proceed to trial, when a jury renders a judgment and verdict on the amount of compensation the damage sufferer should get. In most ladder injury cases, whether fatal or nonfatal, the standard of liability is negligence. Someone is negligent when they fail to act reasonably in their specific circumstances. A severe ladder fall injury frequently results in long-term medical and rehabilitative treatment, as well as lost wages and temporary or permanent disability, all of which will have a significant impact on your future earning capacity.
Recoverable damages may vary depending on the nature of your case, with personal injury and wrongful death lawsuits being the most common. A nonfatal ladder injury may give rise to a personal injury claim. In a personal injury lawsuit, recoverable damages may include:
Sustaining an injury in an accident can put a person in a difficult situation. In a personal injury lawsuit, damages such as losses and expenses can be covered. Some losses and expenses that can be covered are medical bills, loss of income, along with pain and suffering. You may be entitled to compensation if you or a loved one sustains a ladder injury. Liable parties may pay for your medical expenses, lost income, diminished quality of life, and other forms of pain and suffering.
It should be noted that a plaintiff may receive these damages following a civil trial, settlement, or other form of dispute resolution (for example, mediation or arbitration). Depending on the state in which a construction lawsuit is filed, a court may also award punitive damages to a plaintiff if it determines that the defendant acted with:
Plaintiffs must file a construction lawsuit within the time period specified by their state's applicable statute of limitations. A "statute of limitations" establishes the time limit within which a plaintiff must file a legal claim. If a claim is not filed within the statute of limitations, the plaintiff loses the right to file it. According to the statutes of limitations applicable to these types of cases, a plaintiff must file a claim within three to six years of the date of the injury.
The California Law for Construction Lawsuits states that construction contractors are required to give written notice of defects in the work. The California law for construction lawsuits is a very specific type of contract, which requires an individual or company who performs work on someone else's property to notify them of any defects in their completed project within a certain amount of time. The rules vary depending on what state you live in and if it is being used as part of your home-owners insurance policy. In general, California law follows the preceding discussion. A plaintiff can file a construction lawsuit using any of the theories listed previously above.
Furthermore, if their claim is successful, they will be able to recover for the damages. A plaintiff must file a construction claim within the following time frames, according to California's statutes of limitations:
If you are injured in an accident on construction site or as a result of faulty construction at your home or place of business, you may be entitled to compensation for your injuries and losses. Contact a Los Angeles Attorney today at 310.943.1171.
Many people do not know that California allows a wrongful life lawsuit. This type of suit is brought by someone who believes he or she would have made different decisions if they had been informed about the risks of having children with genetic defects or disabilities. The plaintiff must be able to prove the following elements in case he claims that the defendant was negligent because failed to inform him of the risk that his child would be born genetically or impaired disabled.
Wrongful life is defined as when parents sue doctors or hospitals for delivering their child with birth defects. This issue can arise when a mother seeks an abortion because she does not want to bring a baby into the world who will have serious health problems. There is controversy on whether or not these cases should be allowed to go forward in court. A wrongful life lawsuit is a claim for damages, made by a person or entity that suffers injury because of the negligence of another. A wrongful life lawsuit may be brought by the estate of an unborn child if the parents have obtained counseling and written consent from their physician before conceiving and they can show that, but for the negligent act or omission, he would not have been born alive. Wrongful life lawsuits can be filed against:
Due to wrongful life/wrongful birth of a child, the plaintiff is able to recover damages. If you are considering bringing a wrongful life lawsuit in California, it is important to understand the potential for damages. Wrongful birth lawsuits are brought by people who believe they would not have existed if their parent had not been exposed to an avoidable risk factor or treatment, like being pregnant while using medication that could cause birth defects, taking certain drugs during pregnancy, etc. Some common damages a plaintiff can recover in a wrongful life/wrongful birth lawsuit include:
If you or a loved one has been harmed as the result of another's negligence, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A wrongful life lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who allegedly failed to inform them about birth defects in their unborn child before they gave consent for the pregnancy to continue. Please feel free to give our office a call at 310.943.1171.
In their accusations, some families claim that a qualified doctor misdiagnosed their kid before birth. Others accuse genetic counselors of underestimating the risk of a child developing abnormally inside the womb. This is a common accusation when one of the child’s parents has a hereditary genetic disorder. Usually, the lawsuits are filed following the birth of a child with Down Syndrome, cystic fibrosis, holoprosencephaly, or spina bifida. These injuries are often detectable by sonogram and ultrasound or by some sort of lab test. The lab technician, ultrasound operator or radiologist must observe the child’s condition and inform the obstetrician, who must notify the parents. After that the parents can decide whether they want to continue on with the pregnancy.
Parents who properly litigate for wrongful birth may be granted monetary damages to help defray the costs of caring for a kid with birth abnormalities. In wrongful birth cases, parents can be entitled to a financial compensation to cover items such as:
This financial compensation is not aimed to cover the costs related to the raising of a child. It will only cover the costs that are specific to child born with a birth defect or disease.
If you or a loved one has been harmed as the result of another's negligence, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A wrongful life lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who allegedly failed to inform them about birth defects in their unborn child before they gave consent for the pregnancy to continue. Please feel free to give our office a call at 310.943.1171.
Even if the injured person didn’t personally know the party at fault, California law allows claims based on negligence that led to harm.
In any personal injury case involving negligence, the injured party (plaintiff) must prove certain legal elements to hold the responsible party (defendant) accountable. In a roof accident case, the plaintiff must show:
Collecting evidence such as photos, witness statements, inspection records, and expert testimony can help support these claims.
Yes. Under California's respondeat superior rule, an employer is legally responsible for the actions of its employees if those actions occur within the scope of employment. This means:
Yes. Under California premises liability laws, property owners must keep their premises in a reasonably safe condition. This includes inspecting roofs, repairing damage, and warning others of known hazards.
You may hold a property owner accountable if:
Explore premises liability laws in California
If your accident occurred on property owned or managed by a government agency—such as a school, municipal building, or public housing—you may still file a claim. However, the process involves specific steps and tight deadlines under California’s Government Claims Act. You must:
Hiring an attorney quickly is essential in these cases.
If you’re injured in a roofing accident, you may seek compensation for:
In wrongful death cases, family members may also seek compensation for funeral expenses and loss of companionship.
If you or a loved one has been hurt in a roof fall, follow these steps:
Determining who is responsible for a roof accident isn’t always straightforward. Multiple parties may share liability, and proving negligence requires strong evidence. At KAASS LAW, our attorneys are skilled in investigating fall-related accidents and identifying all liable individuals or entities.
We help clients navigate the complexities of premises liability and personal injury law and fight for the compensation they deserve.
📞 Call KAASS LAW at (310) 943-1171 or visit kaass.com for a free consultation.
If all three factors have been met, a person can apply for the legal principle of res ipsa loquitur, which is latin for “the thing speaks for itself”. The legal principle of res ipsa loquitur states, the facts and circumstances surrounding an accident which allow the court to conclude carelessness has occurred. When a defendant had sole control over the tools that caused the injury, a court will presume that he was negligent.
Three examples of claims of Negligence would be as follows:
If an owner of cars, trucks, or motorcycles that allow an incompetent, reckless, or inexperienced driver to operate their vehicle are liable under negligent entrustment law. If that person causes an accident, the vehicle's owner may be held responsible for damages. If an injured plaintiff can show that the driver's negligence or ignorance caused the harm, the owner of the vehicle may be held accountable.
The California law states, when an employer knew or should have known that an employee was a risk to others, thus California law makes the employer accountable for the employee's negligence, recklessness, or willful unlawful acts. If an employer knows or has reason to know that an hired employee is incapable or unsuitable to perform the tasks required of the job, the employer may be liable for harm caused by that employee.
Under California law, someone who was either a direct victim of another's wrongful act or a spectator who observed an injury to a close relative can sue for emotional distress damages. Damages that may be covered would include medical bills, psychological counseling bills, lost wages, along with pain and suffering.
Feel free to give KAASS LAW a call to get the compensation you need for your employment matters. To reach our office line, dial 310.943.1171 to book a consultation.
A "medical condition" is defined as any of the following under the FEHA:
Genes or chromosomes that suggest a higher chance of diseases like cancer, heart disease, or Lou Gehrig's disease are examples of genetic disorders. An employer may discriminate against a genetically predisposed employee because the employer believes the individual may require medical leave or time off. Medical illnesses and mental or physical disability may coexist. Any mental or psychological problem or condition that impairs a major life activity is considered a "mental disability." Limitations are set without consideration for mediation, assistive technology, or reasonable adjustments.
Physical disabilities encompass both long-term and short-term conditions, such as:
If you or someone you know has been diagnosed with a medical condition and is facing employment difficulties, please feel free to call our office at 310.943.1171. Do not hesitate to contact KAASS LAW if you have questions about California disability discrimination laws or discuss your case confidentially with one of our experienced California employment law attorneys.
In a premises liability case, determining who is at fault is difficult. In order to win a premises liability claim, an injured person must show that he or she was hurt as a result of the property owner's or manager's negligence. An injured person must show that the following are true:
As previously stated, all property owners have a responsibility to maintain their premises in a reasonable manner. A property owner's duty of care entails any activities that a reasonable property owner would take or should have taken in identical circumstances. It's also crucial to realize that a property owner's duty of care varies based on who is on the premises. There are also cases where an injured person's negligence contributed to the accident's cause. In such circumstances, the property owner and the injured individual may share liability.
Any person or company that owns, leases, occupies, or controls the property where the accident occurred can normally bring a premises liability claim for damages against any person or company that owns, leases, occupies, or controls the property where the accident occurred. By acquiring premises liability insurance or delegating the critical responsibility of keeping their property in safe shape, property owners or managers cannot totally protect themselves from liability. Even if they outsource maintenance responsibilities to an employee or hire an independent party who is later deemed negligent, a property owner or management is always liable for the safety of their premises. In conclusion, whenever a dangerous condition causes to injuries, the property owner or manager may be held liable for the resulting damages.
If you or someone you know has been injured as a result of premises liability, please contact KAASS Law at 310.943.1171. Feel free to speak to one of our representatives about booking a consultation with our attorney.