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Car accidents, unfortunately, happen every day and cause damages to both the vehicle leading to negative economic consequences to drivers but also their life and health. Car accidents are caused by different reasons such as hydroplane car accidents, accidents involving elderly drivers, and ordinary accidents happening because of the negligence of the drivers. One of the types of car accidents is defective tire accidents.
Manufacturing defects are related to such issues, which, arising during production, make the tire differ from particular specifications.
Design defects are considered to be in place if the tire doesn't perform as safely as it can be expected by an ordinary customer and place risk of danger on the latter.
In the case of the manufacturer, the designer does not provide instructions, safety warnings to the use of the tires and lead them to cause damages, it is considered that the tire had a warning defect.
As discussed above, if it is believed that the case of an accident arose out of a defective tire, the liable party of said accident may include:
Generally, to prove that the defect of a tire was the reason for the accident, an qualified expert would testify in the form of expert testimony. Common examples that the expert would need to testify to includes:
You shall also prove that you used the tire in a foreseeable manner and the defects occurred before your use of the vehicle. Expert's opinion shall also assist you with this evidence.
Family members are entitled to file such lawsuits and receive compensation. The family members having such rights are:
Other common losses
Compensation in a defective tire lawsuit can include the following:
The defendant can bring different arguments supporting his position, such as that the tires were affected not by his fault but by your negligent use. For this reason, it is essential to receive professional assistance and consult an experienced attorney.
If you or a loved one has been in a defective tire accident, contact our Los Angeles Personal Injury attorney at (310) 943-1171 for a free consultation and case review. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
When police officers pull a driver over for suspicion of drunk driving, the breathalyzer is one of the most common tools used to determine whether the driver was in fact driving under the influence. A driver must blow into the breathalyzer test, which then determines the driver's blood alcohol content. Unfortunately, using a breathalyzer may result in false positives due to a number of factors that can throw the machine off. Below are some of the more common factors.
Your metabolism rate can also adversely affect a breathalyzer reading. For example, if your metabolism is slow, then your body may take longer to absorb the alcohol, and the breathalyzer reading may appear to be higher than the actual amount of alcohol in your blood stream.
The breathalyzer is made to detect alcohol in the mouth. Unfortunately, the machine cannot distinguish when the driver consumed the alcohol. Thus, traces of alcohol in the mouth, absorbed from food in between the teeth or even mouthwash may show a higher reading of blood alcohol content.
It is important to understand that there are strict rules regarding the use of a breathalyzer by law enforcement officers. Failure to follow these rules may be grounds for excluding the test results from evidence in court. For example, a police officer must observe a suspect for at least 15 minutes before administering the test. During this time, the driver may not:
Getting compensation for medical bills and expenses is the first thing that comes to anyone's mind after an suffering injuries from an auto accident. Usually, the at fault party responsible for the accident or the injuries should be liable for your medical expenses. However, they do not usually pay compensation immediately after the accident. To better understand the medical bill's compensation process, let's examine it part by part.
As discussed, the liable party or their insurer is responsible for your medical bills, but they typically don't compensate immediately. If you're waiting for a settlement or trial, your insurance company—private or government—can pay your bills. However, there are also common causes, when the injured party does not have health insurance.
The legal regulations allow giving discount or payment plans to uninsured parties or to any person "whose income does not exceed 350% of federal poverty level" Another option is "medical lien". It lets the healthcare provider receive payment from the personal injury case's judgment or settlement. This mechanism lets the patient pay after resolving the case. However, few hospitals or medical organizations will agree to this scheme, as they risk not receiving payment if the case fails. This scheme can also be risky for you as if you do not succeed with your case, you shall be liable for the remaining part of the expenses. If you have insurance but doubt whether you should use it or give a medical lien, it is recommended to use the insurance. If you use it, the medical help providers cannot charge you in full rate, exceeding your contract rate. Also, in the case of insurance, you have more options for healthcare providers to choose from. To sum up, choose your insurance unless you lack it or your insurance doesn't cover the services you need.
While, many people may enjoy rainy weather, rainy weather also becomes a problem for drivers and often times lead to traffic accidents. Particularly, rainy weather is a reason for most hydroplaning accidents.
Hydroplaning is a term describing "sliding and skidding" of a vehicle across a wet surface. It also means the vehicle’s tires contact more water, causing them to displace and lose traction. This causes drivers to lose control over the brakes of the vehicle.
The main cause of the accidents is bad weather. However, there is also another reason for such accidents. Mechanical reasons can also cause them. Particularly, poor tire tread or poor tire pressure can lead to failure to keep control over the car. Among such factors, a driver's negligence can cause car accidents. Particularly, drivers must not exceed the speed of a vehicle in bad weather conditions, and failing to slow down can lead to a hydroplane accident. However, others can also be responsible for the accident, which is a ground for the driver to seek compensation for damages.
Aside from the negligent party, road defects can often cause hydroplane accidents. As such, the government may also be an at-fault party in hydroplane accidents if there was a defect in the road. The government must design and construct roads to maintain safety and prevent dangerous road incidents. In the event you believe that a hydroplane accident was caused by defective road conditions, you must file a within 6 months of the accident with the appropriate government agency. Other drivers' negligence can also lead to the occurrence of hydroplane accidents.
Have you ever thought that there are special requirements for building stairs or stairwells? Almost everyone has slipped on stairs and even fell, some of us have got serious injuries and some of us, fortunately, don't break any bones. Is it possible to get compensation for being damaged in a stairway accident or what has happened is only your fault?
As mentioned already, there are special requirements for stairs under California Residential Code. These requirements concern the width and height of such stairs, tread depth, slip resistance, etc. This means that if the constructor fails to meet the requirements or the house owner doesn't maintain the stairs clean and in good repair, the house owner may be responsible for the accidents. Thus, the stair accident claims shall be based on negligence or product liability of:
Let’s examine the grounds for the liability of each of them.
While a swimming pool is one of the best places to enjoy your weekend, it can become a risk for you and also the owner of the pool if an drowning accident happens.
You can file a lawsuit for the drowning accident in case the swimming pool does not comply with the safety requirements of the state or in case the lifeguards were negligent and, as the result of such negligence, the accident happened. The owner of the pool can also be liable in case the lifeguard it hired was not qualified for the performance of job duties.
Upon filing a lawsuit for negligence arising out of a drowning accident in California the Plaintiff is required to prove the following:
A corporation registered with the State of California can cease its corporate existence in two ways:
Each way of dissolution has its grounds and specific legal procedure. While a corporation may be involuntarily dissolved under a court decree, the voluntary dissolution is carried out by a corporation’s shareholders, as well as in special cases by the Board of Directors. This article will address voluntary dissolution, leaving involuntary dissolution for a separate discussion.
The Corporations Code of California, chapter 19, sections 1900-1907, covers the legal regulations pertaining to the procedure of voluntary dissolution. These rules help an interested person to comply with the requirements of the law in the process of voluntary dissolution.
In general, someone may initiate voluntary dissolution by:
California Vehicle Code forbids driving under the influence of drugs and alcohol. The law considers a driver intoxicated if drugs or alcohol impair their ability to drive. If you have a driving accident by the fault of the DUI driver, you are entitled to seek compensation for damages as well as filing a civil lawsuit against the at fault party.
Any driver has a duty of care towards other drivers and pedestrians. This duty is also the basis of all restrictions under California law regarding intoxicated driving. Thus, if this duty of care is violated and one is injured because of such violation, the driver can be held liable. Furthermore, the DUI driver may be liable under the "negligence per se" legal theroy. In other words, if the driver violates a statute, such as driving under the influence of alcohol or drugs or exceeding the BAC limit, and causes a car accident, the driver will be liable for the injuries to the victim. To seek compensation for damages for DUI accidents, you shall prove that the driver was drunk or under the influence of drugs at the time of the accident, and this fact acted as a direct reason for the accident to happen. You do not need to wait for the drunk driver’s conviction to file a civil lawsuit. If you can present evidence of damages caused by the DUI car accident, you can seek compensation without waiting for the driver’s conviction.
Cosmetics is a broad spectrum, covering anything from facial cleansers, moisturizers, or makeup. The two most important laws pertaining to the cosmetics market in the United States are the Federal Food and Drug Administration and the Fair Packaging and Labeling Act. However, it is unfortunate, yet it is a real thing that these products can have defective skin products.
According to www.fda.gov, the FDA is responsible for protecting public health by ensuring the safety, efficacy, and security that includes cosmetics.
According to www.fda.gov, FPLA directs the Federal Trade Commission and the Food and Drug Administration to issue regulations requiring all produced and manufacturers to include the net contents, identity of commodity, and the name and place of business of the product’s manufacturer, packer, or distributor. The disclosure of this information prevents consumer deception as to what ingredients usage in the products sold to the public.
Products become defective when there is something wrong with them, which can cause unwanted side effects or illnesses. Defects in cosmetics can lead to extremely serious reactions to the face, such as permanent scaring and infection to the eyes.
Starting an online gambling business is no small task. It's best to consult a business expert and an experienced attorney for solid advice. Some factors to consider include getting: a gambling license, reliable online gambling software provider, and a trustworthy payment provider.
Every jurisdiction has their own unique regulatory requirement since each state ultimately decides whether it wishes to participate in online gambling and/or betting. Thus, an online gambling business must obtain a gambling license that will stand in the specific jurisdiction you wish to conduct business in. Additionally, consider costs, taxes, application duration, and licensing requirements before choosing a jurisdiction.
Consider several online gambling software providers, including Microgaming, BetSoft, Playtech, and NetEnt. When choosing a software program, prioritize one that protects players and data, preventing unauthorized access. Additionally, it is worth noting that the software should also have a reliable and advanced gaming management system so that the software can support different activities that will be taking place on the online gambling platform.
Violation of this requirement may result in erroneous results as residual alcohol may distort the readings. In addition, the officer must be certified to use the device. And the device itself must be registered and tested for proper functioning. Otherwise, the defense attorney may question the validity of the data obtained.
In the event of a dispute over the accuracy of a breathalyzer reading, a second chemical blood test is available. This method is considered more accurate and can reveal discrepancies between the reading and the actual blood alcohol content. If the blood test shows a lower alcohol level, it can be used in court in the defendant's favor. An attorney may also request access to the maintenance records of a particular instrument. If you don’t calibrate the instrument on time, the court may rule the evidence inadmissible.
Although California adheres to the principle of implied consent to take a breathalyzer test, a driver has the right to refuse to take the test. However, doing so may result in administrative consequences. Including automatic license suspension for up to one year. At the same time, refusal can be used as an argument against the driver in court, although it is not direct evidence of guilt. If you suspect that the breathalyzer was defective, the presence of a refusal does not deprive you of the right to defend yourself. A qualified attorney will be able to present arguments on your behalf and minimize possible risks.
You should also consider whether your rights were respected during the stop. If the police did not have a reasonable basis for the stop, any evidence subsequently obtained may be considered inadmissible. For example, the lack of evidence of a traffic violation may be grounds to challenge the legality of the police action.
Certain health issues of a driver may throw a breathalyzer test off and show a false high blood alcohol content. For example, a driver with diabetes experiencing hyperglycemia, or high blood sugar, may trigger a false high blood alcohol content on the breathalyzer.
Authorities must properly maintain the breathalyzer to produce accurate results. This means that authorities must constantly recalibrate breathalyzers. Thus, should a police officer fail to calibrate the machine, false high blood alcohol content may result.
If the police accused you of driving under the influence based on a breathalyzer reading, don’t give up. There are numerous circumstances that can affect the validity of the test results and the course of a criminal case. The attorneys at KAASS LAW can help you analyze the legality of the test. call (310) 341-711 for a consultation. Our DUI attorneys will help determine your case and whether you have any feasible defenses.
Medical expenses after a car accident can include a wide range of services. For example, they may include not only the initial hospitalization, but also subsequent recovery:
In the case of serious injuries, there may also be long-term costs, including:
In a personal injury case, it is possible to seek compensation for anticipated future medical needs. To do this, you will need to provide a doctor's opinion as to the length and cost of treatment. For example, if the injured person will need surgery six months after the accident, his or her attorney can include that amount in the claim.
In such a case, the injured person has the right to file a civil lawsuit against the driver or other responsible parties personally. Alternatively, you can use your underinsured motorist coverage, if available. However, this can be difficult in practice if the defendant does not have enough assets to cover the claim.
The statute of limitations in California personal injury cases is two years from the date of the accident. If you miss this deadline, you may lose your right to compensation. It is important to start the process early in order to preserve all evidence and file a timely claim.
Insurance companies have subrogation rights for a personal injury claim. Subrogation right means that your insurance company can recover your medical expenses from the party who was liable for the injuries. Your insurer shall also have the right to sue the liable party on your behalf.
Claiming compensation for medical expenses is not an easy process. You still need a professional attorney to assist you with evaluations of your case, negotiations for a larger settlement. Professional legal assistance is crucial if you seek compensation for pre-existing injuries that worsened as a result of the accident.
The attorneys at KAASS LAW have extensive experience handling auto accident and medical expense cases. We can help you accurately calculate all of your costs and properly file a claim for compensation. Call us at (310) 943-1171 to schedule a free consultation and start protecting your rights.
Cases involving dangerous roads are specific and complex. Proving that a badly constructed road caused your accident can be very challenging. In other words, it can be difficult, but at the same time essential to prove the direct link between your accident and negligence of, for instance, governmental bodies. Collecting evidence after an auto accident is important. As such, you should do the following:
The court usually evaluates compensation based on the accident's impact on your health and financial conditions. In the event you suffered injuries due to a hydroplane car accident, you can expect to receive compensation for:
Based on the complexity of the case, it is mandatory to have a professional lawyer on your side to assist with the evidence-gathering process and support your claim.
While many aquaplaning accidents occur unexpectedly, there are preventative measures that can be taken. They can significantly reduce the risk of aquaplaning. Check tire pressure and tire wear regularly. It is also important to avoid sharp turns and braking on wet roads, and to slow down at the first sign of rain. This is when the asphalt becomes particularly slippery due to the mixture of water and road dust.
In California, insurance companies play a key role in personal injury claims. However, insurance adjusters often try to minimize their payouts. Especially when it comes to disputed fault. It is important to remember that your insurance company's claims can be used against you. For this reason, it is highly recommended that you first consult with an attorney.
Aquaplaning accident victims should be aware of the statute of limitations. In California, it is two years from the date of the accident. If you are filing a lawsuit against a government entity, you must first file a claim within six months. Failure to meet these deadlines may disqualify you from receiving compensation. Contact KAASS LAW if you have any questions regarding aquaplaning. We are ready to help you protect your rights and seek justice.
If you or a loved one have been injured in a hydroplaning car accident, we invite you to contact KAASS LAW (310) 943-1171 for a free consultation with a Los Angeles auto accident attorney today. Our attorneys will help you determine the liable party and proceed accordingly.
If the stairs haven't met the requirements and the injury results from defective stair surfaces or rails, the manufacturer or seller is liable for the defects and injuries under product liability laws. In other words, under such laws, the liability arises for anyone, who:
In order for liability to attach on a stairway manufacture, designer, seller, distributor or contractor the Plaintiff must prove the following elements:
Often times, it can be more problematic to recover damages from an employee of a company, rather than the construction company itself. However, the corresponding legal regulations provide the possibility to recover damages from the employers for negligence of the employees, because the employer shall be vicariously liable for such actions. It is just essential to prove that the negligent employee while constructing the stairs, was acting within the scope of his employment.
Can a property owner be liable for the damages to the victim? Yes, a property owner has a duty of care for keeping the property in a safe condition. Duty of care is shown by either fixing the issues with the stairway or at least warning the persons about the problems. Thus, if such actions have not been conducted and as a result, an accident took place, the property owner will be held liable for compensating the damages. Generally, the owner's insurance policy covers such compensation. However, if the policy is insufficient, the owner must pay "from their own pockets." The following factors are often taken into account for determining the owner's liability:
A injured party in a stairway slip and fall accident has a number of remedies. The injured party can receive compensation for the following expenses:
Of course, often times, the insurance company will try to blame you for the occurred accident for at least sharing the expenses and not compensating you the whole amount. As such, collecting valuable evidence such as photos or videos of the stairway, details of witnesses of your stairway accident, your medical record of treatment after the accident is very essential. Getting professional legal assistance will help you to efficiently plan your steps for getting the compensation.
If you or your loved one had a stairway accident, contact our Los Angeles premises liability attorneys today. KAASS LAW (310) 943-1171 for a free constellation and case review.
Family members can file a lawsuit, such as:
The above-mentioned family members can sue if the accident does not kill the victim but leaves him unable to protect his rights.
While filing the lawsuit, you can seek compensation of:
In case you file a lawsuit for the wrongful death of a family member, you can seek compensation of:
In case you had a drowning accident, try to gather evidence, as:
In California, pool owners are required by law to keep their facilities safe. This means installing:
And other items required by law. For example, the California Swimming Pool Safety Act requires residential properties with swimming pools to install safety barriers. Failure to do so can make the owner liable for damages. Especially if the victim is a child. Failure to comply with safety standards may be considered a failure to exercise due care. This opens up the possibility of a lawsuit.
In legal terms, negligence means that the defendant failed to exercise reasonable care under the circumstances. In a drowning case, this could mean that:
Even if the victim was on private property without permission, the owner can be held liable. But only if it is proven that he or she knew of the danger and failed to take appropriate action.
If the drowning occurred at a municipal pool or on property managed by a government entity, special procedures may apply. In California, to file a lawsuit against a public entity, you must first file a government claim. Within six months of the accident. Failure to meet this deadline may result in the loss of your right to sue.
Even in case you signed a waiver for liabilities, or the defendant argued that there is the "assumption of risk"-an inherent risk present while swimming, you can still expect to receive compensation if you have an experienced attorney. We invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation and case review by a Glendale personal injury attorney.
Shareholders may dissolve their corporation for a variety of reasons. In this regard, they are not accountable to anyone else. Shareholders holding shares representing 50% or more of the voting power should vote to wind up and dissolve the corporation, unless the articles of incorporation prescribe a higher threshold. Whereas, the board of directors may approve to wind up and dissolve a corporation which comes within one of the following descriptions:
Once the resolution on a voluntary dissolution is in place, the corporation steps into the stage known as “winding up”. This aims to finalize the debt-clearance process. It assumes paying outstanding debts and discharging pending liabilities. Afterwards, the corporation resolves the issue of distributing the remaining assets to the shareholders entitled thereto.
The corporation must notify its creditors about the commencement of dissolution, allowing them to submit their claims. Such notification shall include all the relevant information necessary for sending claims, for instance the mailing address, the deadlines for submission etc.
Further, you need to file a certificate of dissolution with the Secretary of State (SOS). The certificate of dissolution shall include the following information:
The official website of SOS provides the form of the certificate. You must submit the certificate via email or in person. Thereupon the corporate powers, rights, and privileges of the corporation ceases. The Secretary of State notifies the Franchise Tax Board of the dissolution.
However, in addition to the above actions, the corporation must consider a number of additional legal obligations. For example, the corporation must file a final tax return with the California Franchise Tax Board. Also, all applicable taxes must be paid before or at the time the Certificate of Dissolution is filed. In addition, if the corporation had employees, all requirements under the California Labor Code must be met. These include:
Failure to meet these obligations can result in civil liability and penalties. In addition, if the company holds any licenses or permits, they must be formally revoked or transferred. This is especially important for businesses in regulated industries. Such as:
Corporations are advised to retain accounting and corporate records for at least three years after liquidation. This may be necessary in the event of an IRS audit or creditor lawsuit. Contact KAASS LAW for legal assistance in all stages of liquidation.
If you need to initiate and finalize the process of a voluntary dissolution of your corporation, we invite you to contact an attorney at KAASS LAW at (310) 943-1171 and speak to our Glendale business attorney to assist with the process.
You can seek compensation for the following damages caused to you as the result of a DUI accident:
To receive the compensation, you shall prove that you suffered from the mentioned damages and shall show the direct link between the negligence of the driver and your damages.
Most insurance policies cover compensatory damages if the policyholder injures someone while driving under the influence. In case the driver does not have insurance or the aggregate policy doesn't cover the damages, you shall sue the driver directly to receive compensation.
If you or a loved one has been in an accident with a DUI driver, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
Cosmetic companies can be hold accountable should they not adhere to product liability standards in producing and manufacturing their products. Should a company fail to use a reasonable standard of care, a case against them may be brought.
If you have been hurt by a cosmetic product and would like to seek legal representation, contact our California products liability attorneys at (310) 943-1171 for a consultation. Our attorneys evaluate the details of your case and let you know what to expect and how you can proceed.
When a plaintiff is injured by the use of cosmetics, he or she may be able to file a product liability lawsuit. In California, the law provides several grounds for filing such a lawsuit. 1. Design defect. A manufacturer can be held liable if a cosmetic product:
This is especially true if the ingredients have not been adequately tested. Also when used in concentrations that exceed safe limits established by FDA standards. 2. Manufacturing Defect. Even if a product has a proper design, a manufacturing error can still lead to a lawsuit.
Also considered manufacturing defects. 3. Inadequate warning. Cosmetic companies have a duty to warn of potential side effects. This is especially true when ingredients may cause reactions in people with sensitive skin or allergies. Inadequate warnings on packaging can lead to a lawsuit for failure to warn. Such cases are particularly relevant to the use of:
Injuries from defective cosmetics can be quite severe. For example:
Some of these effects may require long-term treatment by:
If the damage has affected quality of life or caused emotional distress.
The following parties can be liable for defective cosmetics:
Affected consumers may seek compensation for:
In order to successfully file a claim, it is important to gather evidence:
If possible, get witnesses to confirm the use of the product and the consequences.
If you and or someone you know have been injured by substandard cosmetics, it is important to seek qualified legal help as soon as possible. Please contact KAASS LAW today! We can help:
We fight to make sure injured victims receive full compensation for their injuries. Call (310) 943-1171 for a free consultation with an experienced product liability attorney.
When choosing a company’s payment solution, it is important to make sure the provider offers a smooth payment transaction, fraud detection, e-merchant integrations, and customer support.
Gambling is highly regulated in California. However, the state has not yet legalized online casinos or sports betting. With the exception of certain types of poker platforms and fantasy sports. It's important to realize that launching an online gambling business within the state is only possible if federal and state laws are followed. As well as agreements with local tribes. However, California entrepreneurs can consider international jurisdictions. Such as:
To obtain a license and operate an online platform from abroad. However, it is important to note that working with US users may still be subject to prohibitions.
In addition to state laws, online gambling activities are subject to U.S. federal laws. Specifically:
For these reasons, it is important to seek legal advice before starting a business. Our attorneys at KAASS LAW can help you determine which laws and restrictions apply specifically to your case.
When selecting a jurisdiction for licensing, you should consider not only the cost and processing time of the application, but also factors such as:
It is recommended to carefully review the information available on the official websites of the regulators before applying for a license.
Modern legislation requires online gaming platforms to adhere to strict anti-money laundering (AML) measures. and know your customer (KYC) requirements. This means that the platform is required to:
Failure to comply with these requirements may result in fines, license revocation, or criminal prosecution.
Online advertising of gambling services is also regulated. Especially if you plan to target US users. Things to consider are:
It is advisable to consult an attorney before launching an advertising campaign. And make sure you have permission from the relevant platforms.
Like any business, online gaming involves legal risks, including:
In this regard, it is critical to:
If you are interested in conducting an online gambling business in California, contact KAASS LAW (310) 943-1171 for a consultation. Our attorneys evaluate the details of your case and let you know what to expect and how you can proceed.