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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:
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.
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:
In California labor law, a "implied employment contract" is an agreement between you and your employer that is developed via both parties' behavior rather than through paper. The "at-will" rule states that unless an employer and employee have agreed otherwise, either party may end the employment relationship at any moment, for any reason or no reason. However, if your employer fires you despite an implicit contract for continuous employment, you may be able to claim for damages under California's wrongful termination laws.
An implied contract is a legally binding agreement that is made by the actions of the contracting parties rather than being written down. In the context of employment law, an implicit contract often refers to an agreement between the employer and the employee not to fire the employee without cause. Employees who do not have an employment contract or a collective bargaining agreement in California face the risk of being fired at any time, regardless of whether there is a legitimate reason. This is referred to as the "at-will" employment policy. An implicit employment contract, on the other hand, is an exemption to the at-will employment rule. (Wrongful termination in violation of public policy is another exemption.) If you can establish that your employer's previous actions generated an implied contract not to terminate employment without cause, you can claim for wrongful termination if you lose your job in a way that violates that contract's provisions.
Paid leave is a critical benefit for California employees, ensuring time to care for personal health or that of a loved one without the burden of lost wages. While California's paid sick leave laws aim to support workers, they can be confusing, especially for part-time or temporary employees. Employers must understand their legal responsibilities, and employees need to know their rights to avoid potential disputes.
At KAASS LAW, we help workers navigate California labor laws and hold employers accountable when they violate those rights. In this blog, we’ll explain who is eligible for paid leave in California, how much time workers can accrue, how payment is calculated, and what happens when sick leave runs out.
Under the Healthy Workplaces, Healthy Families Act of 2014, most employees in California who work for the same employer for 30 or more days within a year from their start date are entitled to paid sick leave. This includes:
Gym injury lawsuits in California are not uncommon. Some of the most injuries happen in fitness centers. How can we prevent these injuries? This article will inform you of what steps to take if you or someone you know has been injured at a fitness center. In most cases, fitness center injuries are the result of carelessness.
Anyone injured in a fitness center accident may file a personal injury lawsuit against those responsible under personal injury law. Members of a gym may also be able to file a product defect lawsuit against an equipment manufacturer for injuries sustained while using defective equipment.
Long-term disability insurance policies provide financial assistance to those who can no longer work due to an injury or prolonged illness. It typically covers disabilities that prevent those from working for at least two years, as opposed to short-term disability insurance, which covers disabilities that last shorter than that. These policies generally do not pay the disabled party’s full salary upon stopping work, and depending on the policy, tend to pay between half and three-quarters of it. Many full-time employees already have long-term disability insurance through their employers.
The process of filing a claim can be done by following these three steps. Keep in mind that you may want to submit any other documentation that is not required for submitting a claim but that you think will help your case. The steps are as follows:
California Penal Code Section 152 states, “every person who, having knowledge of an accidental death, actively conceals or attempts to conceal that death, shall be guilty of a misdemeanor.”
There are 2 basic requirements that form the crime of concealing an accidental death. They are:
The first element of the crime makes it necessary that the accused person had knowledge of the accidental death. It also is the part that specifies that the death itself must be “accidental,” meaning that the actual occurrence that led to someone dying must have been unforeseen. The second element requires that you concealed or tried to conceal the death. One can fulfill this criminal definition by doing any of the following:
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.
The conduct of your employer, that is, its actions, creates an implied contract. As a result, evidence of your employer's behavior is the best approach to prove the existence of an implicit contract between you and your employer. California courts are obliged to consider all of the conditions of the employee-employer relationship when determining whether or not an implied employment agreement exists. The following are some of the most important factors to consider when determining whether you and your employer had an implicit employment contract:
If you sue your former employer for wrongful termination under the implied employment contract basis, your damages will usually be restricted to the implied contract's worth. As a result, the damages for a breach of an implied employment agreement will be as follows:
Many employees who are suing their employers for breach of implicit employment contracts are surprised by the last item on the list above. Plaintiffs in contract litigation in California must "mitigate damages," which means they must try to recoup the money they lost because the other party to the contract broke their promise. That means that, in wrongful termination cases based on an implied contract basis, your damages may be reduced by the amount you could have earned in another job after you were dismissed, if your employer can establish that:
The statute of limitations for launching a wrongful termination action based on a breach of an implicit employment contract is two years from the date of termination. This may appear to be an interminable period. However, before to filing a lawsuit, you must conduct research and gather information to ensure that you can provide the strongest possible case. If you believe you have a case against a former employer for breach of implied employment contract, you should contact a wrongful termination lawyer as soon as possible in order to discuss your options and begin gathering evidence for your case. Feel free to give our office a call to schedule a consultation for your case at 310.943.1171.
Exceptions to this rule apply to certain groups, such as:
If you're unsure whether you qualify for paid leave, it's best to consult with an employment attorney to review your situation.
California law requires employers to provide at least one hour of sick leave for every 30 hours worked. Employers may cap annual paid leave at 24 hours or three days (whichever is more), and limit total accrual to 48 hours or six days.
However, companies can choose to offer more generous policies. They may also frontload sick leave at the start of each year instead of accruing it based on hours worked.
For example:
Part-time workers are entitled to the same accrual rate as full-time workers—one hour of paid leave for every 30 hours worked. Employers cannot deny part-time workers their right to use earned sick leave.
During the COVID-19 pandemic, part-time employees with regular schedules were eligible for supplemental paid leave equal to two weeks' worth of hours. Those with variable schedules qualified for seven times the average daily hours worked in the prior six months.
When you take paid sick leave in California, your employer must pay you at your regular hourly rate. This applies to both exempt and non-exempt employees.
However, for COVID-19 supplemental paid sick leave, the rules vary slightly. Non-exempt employees are entitled to the highest of the following:
Exempt employees receive their normal salary, as determined by the same method used to calculate other paid leaves (e.g., vacation time).
Employers are not obligated to pay employees who require additional time off after using all available sick leave. However, workers may still qualify for job-protected unpaid leave under California or federal law, such as:
These laws protect eligible employees who need to care for a family member, recover from a serious illness, or welcome a new child. When a worker returns from leave, the employer must reinstate them to the same or a similar position. Retaliation, demotion, or termination due to time off under these laws is illegal.
Employers in California may not deny, interfere with, or retaliate against employees for using their lawful paid sick leave. Common violations include:
If your employer violates your rights, you may file a complaint with the California Labor Commissioner’s Office or pursue legal action. Learn more about wrongful termination in California, one of the most common consequences employees face when they try to exercise their labor rights.
Yes. California law requires employers to maintain accurate records of sick leave accrual and usage for at least three years. They must also provide a written notice of available sick leave on each pay stub or attached document.
If you believe your employer isn’t properly tracking or displaying your paid leave, this may be a sign of noncompliance. For more details about employment law protections, check our blog on wage and hour violations.
You have legal options if you believe your employer has denied you leave or retaliated against you for using it. At KAASS Law, we help employees protect their rights and secure the compensation they deserve. Let us help you understand your sick leave entitlements and pursue a claim if your rights were violated.
📞 Call us today at 310.943.1171 or visit the California Department of Industrial Relations to learn more about your rights under state law.
Fitness center injuries are common and can cause serious damage to the victim. Injuries may be caused by a defect in the equipment, faulty construction, or even improper maintenance. Gym injuries are frequently caused by the following factors:
Victims of injuries sustained at a gym or fitness center can frequently recover monetary damages. You can file a personal injury lawsuit to seek compensation for your injuries. If you suffer injuries in a gym-related accident, you may recover compensation for the following:
Under California's negligence laws, a negligent party is liable for any injuries caused to another. You may not know what caused a fitness center injury accident or who was at fault. There could have been a number of factors that contributed to the accident that were not apparent at the time. Investigators may need to determine who was at fault so the injured victim can pursue compensation.
After a fitness center injury, anyone who was partially responsible for the injury may be held liable for damages. This could include anyone who directly caused the injury or anyone who failed to follow proper safety procedures. Even if you did nothing wrong, you may still face liability. You should still pursue damages if someone else contributed to your injuries. After a gym injury accident, you may hold the following parties responsible:
Many gym injuries involve trauma to the neck, spine, back, or head. These injuries can be difficult to identify, however. You may not experience severe pain after the injury and believe that nothing is wrong. Some people are also tempted to "tough it out" or "walk it off." However, you should not take any chances with serious head, neck, or back injuries that could result in long-term problems. You should seek medical attention immediately following a gym injury. Even if you are unsure whether you require medical attention, you should consult with your doctor. There are many ways to prevent these injuries from happening including wearing supportive shoes for any type of exercise, getting proper instruction on how to use machines before using them alone, stretching before exercising to reduce soreness later on in the day and warming up with a five-minute jog or walking session before beginning an intense workout. Following a gym injury, you may want to obtain contact information from anyone who witnessed the accident. If there was an equipment malfunction, ask the gym to preserve the faulty equipment so an expert can inspect it during the investigation. Be sure to take photos of the area around the accident, including any obstacles or conditions that may have contributed to your injury. Pictures will be of benefit to your case.
If you or someone you know has been involved in a personal injury at a fitness center, please feel free to contact KAASS Law by calling 310.943.1171. Our team of experienced attorneys will be sure to get you the compensation you need for the severity of your case.
Insurers can deny a long-term disability insurance claim for a variety of reasons. For example, they might claim that your disability is not severe enough to prevent you from performing the duties of your job, or that your treatment history does not offer compelling evidence that you are too injured/ill to work. They may also reject it based on you missing a deadline that was agreed upon in the policy, so it is imperative that you are aware of when you must submit the claim in order to gain compensation. There are instances when insurers act in “bad faith” when rejecting a claim, meaning that the insurer wrongfully denied your claim or denied it based on an insufficient reason. Some examples of acting in bad faith are:
Are you in need of additional information regarding long-term disability insurance claims in California? Our employment law attorneys at KAASS Law would be happy to help you out. Get in touch with us anytime at (310) 943-1171 or fill out the form below. [contact-form][contact-field label="Name" type="name" required="true" /][contact-field label="Email" type="email" required="true" /][contact-field label="Website" type="url" /][contact-field label="Message" type="textarea" /][/contact-form]
Concealing or destroying the body of the person who died would be a clear example of this offense, but there are several other ways to criminally conceal an accidental death in the eyes of the law. Hiding any piece of evidence or misleading authorities in any way would also be considered a violation of PC 152.
Concealing an accidental death is a misdemeanor offense in California. It is punishable by:
There are several ways to defend yourself if you are wrongfully charged with violating PC 152. They include:
There are circumstances in which one may hide evidence or lie to the police without actually making an attempt to conceal any death. Doing this could result in being charged with another crime, such as PC 135 (destroying or concealing evidence). However, if you didn’t actually try to hide the fact that someone died, you couldn’t be charged. Accidental deaths often create situations where people feel scared or threatened by others who know about the death. It may be the case that you want to tell authorities what happened, but others do not. If anyone who witnessed the death made a threat to you in order to keep you quiet, this is known as “duress,” and you would not be guilty of concealing an accidental death because you only did it because you feared for your own safety.