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Have you ever come across news concerning a lawsuit against doctors for sexual harassment? In the latest news, there was information regarding compensation to 6600 patients by the University of California for sexual harassment of a gynecologist. The abuse included sexual inappropriate comments to patients, touching them without medical gloves, etc. Sexual assault/abuse/harassment are criminalized under California law. However, filing a lawsuit for such crimes against doctors is a personal injury claim. The claim is mostly focused on receiving compensation for the damages caused by the criminal actions of doctors rather than seeing the doctor convicted to imprisonment in jail.
The first addressee is the doctor, who caused the injury to the patient. However, a doctor's employer (hospital, clinics, college, university) can also be liable for the actions of the doctor. What is the reason to implicate the employer? It helps to increase the amount of compensation you can receive in the recovery of your damages. Mostly, the plaintiff must show that the doctor was not competent and was working negligently, as well as that the employer knew the doctor could be of a risk for the patients. Under two legal doctrines, sexual assault cases against doctors can hold the doctor's employer liable:
The main plaintiff is the patient-who suffered from the actions of the doctor. However, the victim's family members, even domestic partners, or legal heirs can also act as a plaintiff for such a lawsuit. Anyone who's been the target of one of the following offenses can sue the doctor who caused them harm:
The injury claim continues the criminal proceedings against the doctor. So, the victims of such crimes as sexual assault, rape, statutory rape, sexual battery, nonconsensual sex, touching, etc. can file for this lawsuit. In case the criminal proceedings succeed, the civil lawsuit automatically shall become easy, the civil claim can use evidence gathered during the criminal proceedings as well. One of the features of a civil claim is that the latter requires a lower standard of proof. While filing the civil claim, the victim needs to show that there were damages.
Under California law, you can file for this kind of lawsuit in 2 years period from the date of the commitment of the assault. In case the victim was assaulted while being a child, the term for filing for the civil lawsuit extends to his 26th birthday or 3 years after the discovery that the victim had a psychological illness that occurred after the victim of abuse turned 18, and that this illness was a result of that particular abuse. What compensation can the victim receive if they file the civil lawsuit? The compensation types which are possible to receive include the recovery of:
If you or a loved one has been harmed as the result of sexual assault, 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 sexual assault lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who was not competent at their work place. Please feel free to give our office a call at 310.943.1171.
This article about burn injuries after using a curling wand will explore the importance of accurate product design and proper warning labels on hairstyling tools. Many people use heated hair tools regularly, especially curling wands. While these tools are useful for styling, they also pose serious burn risks. This article will explain how defective design and a lack of warnings can lead to injuries and what consumers need to know when using these products.
What exactly is a defective product? A curling wand becomes defective if any part of it poses a danger to the user due to poor design. For instance, curling wands without stands or protective features may roll off surfaces or burn users during styling. A well-designed curling wand should have a stand, a clamp, or even include a heat-resistant glove. The stand keeps it stable, the clamp helps control hair without exposing the user’s skin to extreme heat, and the glove protects the hand during use. These features reduce the risk of injury and show how design directly affects safety.
Proper labeling helps prevent accidents. When manufacturers fail to include warning labels, users might not realize the tool’s full risks. Curling wands can reach dangerously high temperatures. If someone uses the tool near their face without understanding how hot it is, they can suffer serious burns. Warning labels must inform users about heat levels, safe usage times, and precautions. When a curling wand lacks clear guidance, injuries become more likely—especially for new users. Manufacturers have a responsibility to inform and protect customers through clear, visible warnings.
Construction accidents can be some of the most dangerous accidents that people experience. This is because they are happening on a site where construction work is being done, and there are often many other people around who may also be injured in an accident. The danger level for these types of accidents increases when scaffolding collapses or faulty wiring sparks a fire. Construction sites should always have safety precautions taken to ensure that all workers are safe from injury or death.
A construction proceeding could be a due process within which a property or home-owner files a claim against a general contractor or alternative similar party for poor work quality or performance, property harm, or personal injury. However, these suits may be supported by a range of legal theories, betting on state laws, like negligence, breach of contract, and merchandise liability. Therefore, these cases are a unit referred to as construction defect claims or construction defect lawsuits in some jurisdictions. Claimants must file a construction defect lawsuit within the time period specified by their state's applicable statute of limitations. If a litigator wins a construction proceedings, he or she is also ready to recover some (or all) of the subsequent antagonistic damages such as:
Unfortunately, very commonly the children get into different types of accidents and receive different kinds of injuries. Certainly, it is possible to seek compensation for such injuries and recover the child’s rights. However, minors do not have the legal capacity for filing lawsuits and claims. It is necessary to understand who shall be responsible for filing the claim and receiving compensation. Obviously, it shall be the parent of the child who shall act on behalf of him. If the parents split up and live apart, the child's representative is the parent who has custody. In some cases, the court can appoint guardian ad litem to protect the interests of a child.
A compromise of a minor's claim occurs when a parent (guardian ad litem) settles a dispute claim for personal injury monetary damages on behalf of a child under the age of 18. Minors' rights have a special protection by the state, and as a result, the court must approve any settlement reached on their behalf. The following are some examples of claims in personal injury lawsuits:
Proposition 22 (prop 22) has passed in California, and many people are happy about this. The passing of this proposition makes app-based workers like: Uber drivers, Postmates delivery drivers, and Lyft drivers “independent contractors” instead of “employees.” This employment status grants these drivers the freedom to work at their own pace and schedule. You may be wondering why anyone would want to vote against this proposition. People believe that because these major companies like Uber and Doordash classify workers as independent contractors, they are generating more profit by creating their own tax exemptions. As individual contractors, these drivers are not entitled to any benefits like unemployment, healthcare, sick leave, etc. If you were to force these benefits onto app-based workers, they would potentially see less pay because it would cost these major companies a lot more money to provide benefits to people who work on their own time. Making someone, an employee would mean that they have a set amount of time to work to use their benefits. Therefore, the freedom of working on your time is the main attraction to app-based work.
“Independent Contractor” means you work on your own. “Employee” status would make the employer liable for all damages resulting from accidents involving their drivers. Being an independent contractor means you’re liable for your own accidents. Personal insurance coverage alone will not protect a person driving for income because it is not for personal use. To make sure you have coverage for app-based working, call your insurance provider. As a result, companies like Uber and Lyft offer their driver's liability insurance which will cover damages if the driver’s insurance denies the claim.
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:
“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:
Many modern curling wands now come equipped with digital displays that show temperature levels. This helps users know exactly when the tool is hot enough to use, avoiding unnecessary burns. For example, Emily plugs in her curling wand to style her hair. She waits for it to heat but isn’t sure when it’s ready. She touches the barrel to check—and burns her finger. If the wand had a ready-to-use indicator or digital screen, Emily could’ve avoided injury.
Manufacturers can reduce risks with built-in features such as heat indicators, auto shut-off functions, and easy-to-understand instructions. Clear design and visible indicators play a vital role in consumer safety.
When a curling wand malfunctions or causes injury due to defective design or missing warnings, the manufacturer may be held liable. For instance, if the device overheats, lacks safety features, or catches fire, the user could suffer serious burns or property damage. In California, product liability laws allow injured consumers to seek compensation if a manufacturer failed to design the product safely or warn users properly. In such cases, working with an experienced personal injury attorney can help you recover damages for your medical bills, lost income, and pain.
As a consumer, always read the instruction manual and review any warning labels on your curling wand before use. Avoid using the product near children or while multitasking. Always place the wand on a heat-resistant surface and unplug it when not in use. When shopping, look for models that offer safety features like automatic shut-off, heat control, and anti-burn gloves. Your awareness and cautious approach can prevent accidents.
Different hair types require different heat settings. Thick, coarse hair may need higher temperatures, while fine or treated hair is more sensitive and requires lower heat. Curling wands often lack universal temperature recommendations, leaving users to guess. This adds to the risk of burns or hair damage. If your curling wand doesn’t display real-time heat levels, it may not be safe. Opt for tools that clearly show heat settings and include warnings about suitable hair types. Being informed helps you style safely without risking injury.
Have you or someone you love suffered an injury from a curling wand? Product manufacturers must take responsibility when their tools harm consumers. You may be entitled to compensation for injuries resulting from defective design or lack of warnings. KAASS LAW helps injured clients navigate California product liability laws and fight for the justice they deserve. Contact our Los Angeles office today at 310-943-1171 for a free consultation.
For more safety tips and consumer rights information, visit the Consumer Product Safety Commission (CPSC) website. This federal resource offers guidelines and recall information related to personal care appliances and curling wand safety
A plaintiff homeowner or real estate owner brings a construction case in which they sue a defendant contractor for poor workmanship, property damage, or personal injury. Plaintiffs may bring a construction dispute or legal action against, in addition to contractors:
Typically, construction litigation is based on one of the following legal claims:
The majority of construction lawsuits are based on claims of negligence. Contractors, for example, are required to use materials on job sites that meet industry standards for construction projects. If they rely on subpar materials, they are in breach of their duty. Therefore, if this breach causes property damage or physical injuries, victims may file a contract defects claim against the contractors on the basis of negligence. Plaintiffs must establish the following elements in order to succeed with these claims:
A vicarious liability claim occurs when an employer is held liable for the actions of one of its employees. Vicarious liability is a legal doctrine that holds parties indirectly liable for an injury even if they did not cause it. In California, vicariously liable parties may be held legally liable for a plaintiff's medical bills, lost wages, pain and suffering, and other losses. This is significant because the "vicariously liable" person may have more assets and insurance coverage than the person who was directly negligent or reckless.
When defective materials or machines impede construction, plaintiffs can file a products liability lawsuit against the responsible parties. Among the potential defendants are the companies responsible for a design flaw, manufacturing flaw, and/or inadequate warning flaw. Plaintiffs must demonstrate a product was defective in some way, the plaintiff used the product as it was intended to be used, the product caused the plaintiff's injuries, and the injuries resulted in monetary damages in order to succeed with these claims.
Construction contracts govern many construction projects. For example, a condominium owner and a contractor (with only a few years of experience) may enter into a contract in which the contractor agrees to remodel the owner's kitchen by a certain date and to certain specifications. If the general contractor fails to follow the terms of the contract, and this failure causes the plaintiff to suffer damages, the plaintiff can file a breach of contract claim against the contractor. In the preceding example, the contractor may have violated the contract because construction delays prevented him/her from remodeling the kitchen by the contract's deadline.
When a construction accident kills someone, the victim's family may be able to file a wrongful death lawsuit. As a result, a victim's family sues the person or entity responsible for his or her death. Damages of wrongful death may include:
There are many accidents that happen on construction sites, some of which lead to death or disability. Construction defects occur when there is an error in the design or workmanship of a building, and these defects can cause serious injury if not corrected before use. If you or someone you know has been injured in a construction accident and would like to get compensation for their accident, give our office a call at 310.943.1171.
A minor's settlement trust gives the minor, his or her family, and the courts more flexibility in how they handle the settlement assets, and it doesn't require ongoing court supervision. A trust can be written to allow a minor to revoke it when they turn 18, but if they do not do so within 30 days, the money can stay in the trust for longer. You can obtain financial compensation for your child in the form of:
The parent can ask the court to release some or all of the money sooner. However, the court will only agree to do that if it believes it is in the child's best interests. In most cases, the court will not allow the parent to keep any of the money for personal reasons. This is because the court views the money as compensation for the child, rather than for the parent's financial gain.
The information highlighted in the petition of the court shall include all details which are necessary for the agreement to be settle. Usually, they are:
A compromise hearing usually takes place in which the minor and the guardian ad litem shall be present. examination of the injuries will determine if the Court approves or denies the petition of settlement. Besides, the Court also takes into account where the funds of the settlement shall be transferred to in case and after the court approves the petition of settlement.
For the last point, the Court usually uses the method of blocked accounts. The account that has a ban is a bank account which will receive the funds of compensation. It is possible to use the funds only when the minor gets 18 years old. However, in some exceptional situations, the funds can be released from this account only by the order of the court. If a child received any disabilities as the result of the accident, the court is entitled to impose a special need trust to protect the assets of the child. When the child becomes an adult and is unable to work, the special needs trust shall maintain the assets of the child and also assist the child to receive public benefits as an adult.
If you or a loved one has been harmed as the result of an accident, 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.
Like all other accidents, we recommend taking the following steps:
Listing their drivers as “independent contractors” gives major companies like Uber a cushion to fall on. The argument is that the drivers are independent and work independently; Uber cannot be held liable for their driver’s negligence. Although this is an argument the companies can make, it isn’t always set in stone. California’s 2020 AB5 law protects app-based drivers by making it difficult for companies like Uber to deny their status as employees within that business entity. Your attorney may seek compensation from the major company as a last resort if the driver’s insurance denies coverage.
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.
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.