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Started back in 2013, hoverboards have been in public for some time now . They began to quickly gain fame as most teenagers started purchasing the product. However, many problems arose during that time. Let's discuss Hoverboard Product Liability Claims.
A hoverboard is a way of portable transport, made to ride with only feet. There is a common term for them, which is "self-riding scooters." Hoverboards came to be the "next big thing" at the time of their release. With it being technologically so active, there came along a variety of issues with the product.
With the hoverboard being the new portable way of transit, technological reliability is highly dependent on during the use of this product. An example of a defect in technology included the hoverboard coming to an immediate stop. Now, this may not sound so bad, however, the damages it led to have been far more serious. With further elaboration, let's discuss how the hoverboard is driven. Riding a hoverboard, you must place your two feet in the two given spots. Being able to move the hoverboard forward or backward, you must lean forward and backwards, respectfully. To turn in direction, the body weight must transfer to one leg while the other maneuvers the opposite leg to start turning. This applies to both sides while you are turning. So, if someone were to be riding the hoverboard and going in a forward motion and suddenly the hoverboard comes to an immediate stop, there are a countless number of physical damages that may arise in the midst of this accident. Technology crashing may also lead to a loss of control.
Some issues with the hoverboard include:
There are several possible hoverboard product defects that can exist causing injury. There are 3 theories that a product liability lawsuit can be brought under. The 3 product liability theories include:
California hoverboard or electrically motorized board riders should be aware that there are California laws that govern its use. Some of these California hoverboard laws include but are not limited to:
If you or someone you know has been injured and think this can potentially be a Hoverboard Product Liability Claim, don’t hesitate to contact our Los Angeles personal injury attorney today at (310) 943-1171 for a free consultation and case review.
Own recognizance means to be released without having to pay bail with the promise that the released individual will show up on their court date. Specifically, an individual will be required to sign an agreement stating that:
The following factors are taken into consideration to determine if an individual is eligible for his own recognizance:
Yes, specific offenses require a formal adversarial hearing should such offenses fall under Penal Code 1270. These offenses include:
A rear-end collision between a semi-truck and a passenger vehicle is something that happens often. The first thing that comes to mind when you hear the words "rear-ended by a semi-truck" is most likely the severity of damage such an accident can cause. This is primarily due to the overwhelming size and weight of the semi-truck can pose a serious risk of catastrophic injury or wrongful death in an accident.
There are many causes for rear-end accidents involving semi-trucks. Some common causes as to why a semi-truck driver may rear-end another vehicle include:
Yes, under Health and Safety Code 11351, it is considered a felony in the state of California to possess controlled substances with the intent to sell them.
For purposes of Health and Safety Code 11351, a controlled substance is any drug or chemical whose manufacturing, possession, and use are regulated by the government under the Controlled Substances Act.
The Controlled Substance Act is a federal statute that enables the federal government to regulate the manufacturing, importation, possession, use, and distribution of certain substances. Additionally, controlled substances are placed under one of five schedules under this act. The placement is based on the following:
If you have been involved in an accident where there is a minor present in your car, then it is important that you know what to do. An accident with a child in your vehicle can be terrifying. This article will outline three steps that may be taken after being involved in an accident with a minor and how these different scenarios can play out.
Senate Bill 9 is a new law that was signed on September 16th that rezones single-family neighborhoods and urban parcel splits. The bill covers housing development.
Senate Bill number 9 will provide the following changes:
Single-family residential zones will allow for partial or full teardown of an existing single-family home to create residential units that can be sold separately will be allowed.
Yes, Senate Bill Number 9 works together with ADU law.
ADU stands for accessory dwelling unit. Also known as "backhouses" or in-law units that typically constructed on property with an existing single-family house/unit.
Under Senate Bill 9, more ADUs will be built on land that has an existing single-family residential unit without the public’s review. Additionally, it is important to note that local ordinances will be observed in that those local ordinances that physically stop constructions of units cannot be enforced. An example of local ordinances includes those that preserve views or allow designated areas for bike paths.
The Homeowners Protection Act (HPA), also known as the PMI Cancellation Act, is a 1998 federal law that affords homeowners certain protections when canceling private mortgage insurance (PMI). It also creates other regulations related to the lending process. The HPA only covers private loans and does not regulate government-backed loans, such as VA loans. For people who take private loans, many of them are required or opt to purchase PMI, only to find out that they no longer need it later on. The HPA provides regulation in the process of purchasing and canceling PMI so that homeowners can avoid paying these unnecessary costs.
PMI is typically only required when a home buyer plans to pay less than the standard 20% upfront. This makes lending to those who cannot afford the high initial costs a lot less risky and more worthwhile to do. Paying for PMI can come in many forms, including paying an extra monthly premium on the mortgage, paying a 1-time sum at the beginning of the mortgage, or raising interest rates on the loan. No matter how the buyer chooses to pay, all forms of PMI are subject to HPA regulation.
Making a false report of fire is governed under Penal Code 148.4. Under this penal code, it is illegal to do any of the following willfully and maliciously:
The penalties involved in violating the penal code for making a false report of a fire can either be prosecuted as a felony or a misdemeanor.
Violation of the penal code is considered a felony when an individual willfully and maliciously does the following:
The penalties that an individual would face here are listed under . Additionally, an individual can also pay fines of up to $10,000.
A 995 motion is another name for a Motion to Set Aside Information. This is a motion that the defendant in a criminal matter may make. In other words, this motion asks the judge to dismiss all or part of the criminal charges that are pending before an individual in a criminal matter. The argument here is that the judge in the preliminary hearing ruled incorrectly finding that there was enough evidence for the matter to go to trial. A motion to set aside information is governed by Penal Code 995.
If a 995 motion is improperly denied, the following options can be taken by the defendant:
It is important to note that an improperly denied 995 motion cannot be directly appealed.
A petition for writ of prohibition is governed by Penal Code 999a, which states that the defendant has 15 days after their 995 motion was denied to file a petition if their 995 motion was made because the defendant had been indicted without reasonable or probable cause or that the defendant had been committed on information without reasonable or probable cause. A copy also needs to be served to the District Attorney.
Yes, under Health and Safety Code 11162.5, it is a crime to make or possess counterfeit prescription blanks for a controlled substance.
Controlled substance for purposes of Health and Safety Code 11162.5 is defined as those drugs or chemicals whose manufacture, possession, and use are regulated by the government under the United States “Controlled Substances Act.”
Under the code, counterfeit is defined as making an exact imitation of the prescription blank, pad, or form with the specific intent to use that prescription blank to defraud or deceive. These prescription blanks, pads, or forms are those that a physician or other medical practitioner who has the authority to prescribe medication typically uses when ordering or otherwise authorizing a prescription for a controlled substance.
Yes, as mentioned above, there are certain conditions that an individual must agree to should they be released on their own recognizance. These requirements are listed under Penal Code 1318. It is important to keep in mind that these conditions must remain reasonable both to the charges pending against the individual as well as taking into account the goal of public safety. Additionally, the individual may also have to agree to other conditions such as:
Yes, being released on own recognizance may trigger investigators, who are court staff members, to look into an individual to determine what the individual’s character is and whether the individual has a strong connection to their community and if they are a flight risk. However, an investigation into the individual is mandatory should the individual face charges of a violent felony or driving under the influence (DUI) that resulted in great bodily injury.
If you or someone you know has been released on your own recognizance or is currently in jail and would like to be released, please contact our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation.
Commercial truck drivers are required to maintain a 'logbook" that records the "hours of service". In other words, this log contains the number of hours the drive has been driving. Semi-truck drivers hauling cargo have an 11-hour driving maximum after 10 consecutive hours off duty. Further, semi-truck drivers can work a maximum of 70 hours per week. A driver can then resume driving if they rest for 34 consecutive hours, including 2 nights. Furthermore, all carriers and drivers operating commercial motor vehicles (CMVs) must comply with "hours of service" regulations found in 49 CFR 395.
Driving a semi-truck with unmaintained or worn-out brakes is negligent. Commercial vehicles such as tractor-trailers and semi-truck are moving fast and burdened with a heavy load and therefore generally will need a lot more time to come to a full stop than any SUV. As a result, failing to routinely maintain commercial vehicle breaks will need even more time to come to a complete halt.
Step 1: Firstly, if you are involved in an accident, the first and most important thing to do is call an emergency response to request medical and police assistance. Step 2: Take pictures of the damage to the vehicles, the position of the vehicles, and the entire accident scene. If there is a debate as to how the semi-truck accident occurred, the damage and positions of the vehicles will help the police and accident reconstruction experts to determine what occurred. Moreover, taking a picture of the driver's logbook logs for that day is a plus. Step 3: Attempt to locate people who may have witnessed the collision. Get their name, address, and telephone number. Additionally, exchange information with the other driver, such as insurance information and driver's license information, vehicle registration, driver's contact, and employer information. Step 4: Seek the proper and immediate medical treatment as soon as possible. Going to the emergency room to be examined will ensure there are no internal or hidden injuries, as well as document your injuries. Step 5: Lastly, contact an auto accident lawyer immediately if you have been involved in a semi-truck accident.
A victim involved in an accident with a commercial truck can file a lawsuit against the at-fault driver and the commercial truck company. It is important to keep in mind that the tractor and trailer can have different owners. As such, it is important to ask the driver of the truck who owns the tractor and trailer.
As experienced litigators, we have successfully litigated various personal injury cases including complex personal injury matters. Above all, our attorneys possess the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury case. Don’t accept low-ball offers from insurance companies. An injured truck accident victim may seek compensation for damages which includes:
If you or a loved one has been seriously injured or killed due to a negligent semi-truck driver it is crucial to seek advice from an experienced commercial truck accident attorney as soon as possible in order to preserve your claim and legal remedies. We invite you to contact our commercial truck accident attorney today at (310) 943-1171 for a free consultation.
Kaass Law will connect you with leading medical professionals in your area to diagnose and treat your injuries. If you are unable to pay for the medical treatment we can facilitate treatment on a medical lien basis. This means you pay nothing up front. As the conclusion of your case, your medical bills are paid from the settlement.
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Controlled substances for purposes of Health and Safety Code 11351 include the following:
Keep in mind that possession of controlled substances such as marijuana and methamphetamine for purposes of sale are considered separate offenses not covered under Health and Safety Code 11351.
For purposes of Health and Safety Code 11351, possession is established when an individual has direct and/or immediate control over the controlled substance. Typically, this is established when the individual possesses the controlled substance if they are carrying it on them. Possession can also be established if an individual has personal control over the substance such that the controlled substance was found near or around an area that the individual exercises control over, such as in the individual’s car or garage.
Under Health and Safety Code 11351, intent to sell can be established by showing the following:
As mentioned above, violating Health and Safety Code 11351 is considered a felony. Penalties include the following:
If you or someone you know has been charged with Health and Safety Code 11351, we invite you contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorney for a free consultation.
Some common injuries a child passenger may suffer in a car accident include:
If you are in a car accident, it is not just adults who can be injured. Children too may suffer injuries. The type of injury depends on the age and size of the child as well as what part of their body they were hit by or landed on. If your child was involved in an accident, it is important to seek medical attention.
Car accidents are never easy to go through, and they can cause serious injury. For minors in the car during an accident, there may be more worries than for adults. After all, it is hard enough worrying about their own safety after an accident. Getting into accidents is unavoidable in some cases. If you have been in an accident with a child in your vehicle, you should know that you have legal options to discuss with your attorney. Give our Los Angeles Attorneys a call right now to get your case going. Please contact 310-943-1171 to reach our office. We would be pleased to assist you with your case.
Yes, the single-family home may be entirely demolished if tenants have not lived in the home during the past three years otherwise, only 25% of the home may only be demolished. However, local ordinances that allow more than 25% of the home to be demolished can override the 25% limitation.
Yes, Senate Bill 9 does have limitations, which are as follows:
If you or someone you know owns the land and is thinking about taking advantage of Senate Bill 9, please contact our real estate attorney at (310) 943.1171 for a free consultation.
Before the passage of the HPA, many lenders would make their customers aware that PMI is not required for the entire duration of the loan, yet there were difficulties for homeowners when trying to cancel it, many of whom were ignorant to the fact that they could do so. The HPA made it so lenders must do the following regarding PMI:
The HPA makes it so nearly all homeowners can cancel their PMI once the loan-to-value (LTV) reaches 80%, meaning that their equity must reach 20%. You can send a written request to your lender once you reach this number, and they are legally required to cancel your PMI barring other extenuating circumstances. Once the LTV reaches 78% your lender is legally required to cancel your PMI automatically, even if you have not requested it. It is generally a good idea to keep track of the equity you have accrued and cancel PMI at 80%, not just because you are losing out on money, but because there are circumstances where the lender may be able to charge PMI past 78% LTV. For example, liens on your property may allow a lender to keep charging PMI. https://youtu.be/wpuQaj4rdg8
Essentially, violation of the penal code is considered a misdemeanor when an individual does the same acts as listed above. However, the difference here is that there are no deaths or great bodily injury that results from the individual’s acts. The penalties that an individual can face include up to one year in county jail and/or paying fines of up to $1,000.
To do something willfully means that the individual intended to do the illegal act on purpose. Additionally, to do something maliciously means that the individual’s purposeful conduct was intended to either injure, annoy, or otherwise do something wrong.
A Penal Code 148.4 PC conviction can be expunged if it was charged as a misdemeanor. On the other hand, a felony conviction that resulted in serving time in state prison would not qualify for an expunged.
If you or someone you know has been charged with violating Penal Code Section 148.4, contact our Los Angeles criminal defense attorney at (310)943.1171 for a free consultation.
An arraignment is part of a criminal matter where the defendant enters a plea, whether guilty or not guilty or no contest.
A writ of habeas corpus petition works similarly to the way a petition for writ of prohibition does. However here, Penal Code 1508 states, the Supreme Court or Court of Appeals can return the matter before the issuing judge/court or to the court below it. Thus, if the trial court denies the petition, the defendant can then file a new petition in the court of appeal. However, if the court of appeal denies the petition, the defendant can then can have the Supreme Court review the petition by filing a petition for review. The defendant may also file another petition that would invoke California Supreme Court’s habeas jurisdiction.
Plea bargaining allows the defendant to negotiate and use leverage. In other words, the defendant can further poke holes in the prosecuting agency’s legal theory and further highlight how the issues found at the preliminary hearing may become an issue for the jury to return a guilty verdict.
If you or someone you know has been denied of their 995 motion, we invite you to contact our Los Angeles Criminal Defense Attorney at (310) 943-1171 for a free consultation.
The penalties associated with violating this code can be prosecuted as either a misdemeanor or felony and is therefore considered a wobbler offense. Potential penalties for a misdemeanor Health and Safety Code 11162.5 conviction including up to one year in county jail as well as paying fines of up to $1,000. Potential penalties for a felony Health and Safety Code 11162.5 conviction include sixteen (16) months, two years, or three years in county jail.
The number of counterfeit prescription blanks is typically what determines whether the violation will be charged as a misdemeanor or felony. For example, if the individual has three or fewer counterfeit prescription blanks, the violation would likely be charged as a misdemeanor. On the other hand, should the individual possess more than three, the violation will likely be charged as a felony.
If you or someone you know has been charged with violation of Health and Safety Code 11162.5, please contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorneys for a free consultation.