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California has a robust legal framework in place to protect vulnerable adults, including seniors, from abuse, neglect, and exploitation of elder abuse. Elder abuse is a serious issue that affects thousands of Californians each year, and it often goes unreported due to fear, shame, or lack of awareness. At KAASS LAW, we are committed to protecting the rights and well-being of our elderly community members. The following will provide a comprehensive guide to understanding and reporting elder abuse in California, empowering you to take action and help safeguard those who may be unable to protect themselves.
Elder abuse is defined as any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or serious risk of harm to an older adult. California law defines an older adult as anyone aged 65 or older
A person must make a report as soon as possible by telephone, followed by a written report or Internet report through the confidential Internet reporting tool within two working days.
In case of physical abuse, and it has occurred in a long-term care facility, a person must make a to both law enforcement and the ombudsmen.
In case of serious bodily injury, the reporter must contact law enforcement within two hours and make a report to the ombudsmen within twenty-four hours.
The mandatory reporter has twenty-four hours to contact the ombudsman and law enforcement in case of less than serious bodily injury.
Elder abuse can take many forms, including:
Under California law, a mandatory reporter cannot be held civilly or criminally liable for a report of elder abuse made in good faith. Moreover, mandatory reporters do not have any legal duty to investigate the report of elder abuse. They are only obliged to make that report.
The mandatory reporter who fails to report physical abuse, financial abuse, abandonment, isolation, abduction, or neglect of an elder will face:
The mandatory reporter who physical abuse, financial abuse, abandonment, isolation, abduction, or neglect where that abuse caused great bodily injury or death of an elder will face:
In case the officer or an employee of a financial institution fails to report financial abuse, he will face
Recognizing the signs of elder abuse is crucial for intervention and prevention. Some common signs include:
California law designates certain professionals as "mandated reporters," requiring them to report suspected elder abuse. Mandated reporters include:
If you suspect elder abuse, it's crucial to report it immediately. Here's how:
Once a report is made, APS or law enforcement will investigate the situation. This may involve interviewing the elder, the alleged abuser, and other witnesses. If the investigation finds evidence of abuse, APS or law enforcement will take steps to protect the elder and may pursue legal action against the abuser.
California law protects individuals who report elder abuse in good faith from civil or criminal liability. This means that you cannot be sued or prosecuted for reporting suspected abuse, even if the investigation does not find evidence of abuse.
At KAASS LAW, we are dedicated to protecting the rights and well-being of older adults. If you suspect elder abuse, we can help you understand your reporting obligations, navigate the legal process, and advocate for the protection of the elder. We can also provide legal representation to elders who have been victims of abuse, neglect, or exploitation. Elder abuse is a serious issue, but it often goes unreported. Your report could make a significant difference in the life of a vulnerable elder. Contact KAASS LAW today for consultation. We're here to help you protect our elders. Additionally, if your family suffered from elderly wrongful death by a caregiver, we can help represent and help your loved ones.
As consumers, we rely on businesses to provide goods and services that are safe, reliable, and most importantly, true. Unfortunately, this isn't always the case. Deceptive advertising, unfair pricing, and other unscrupulous business practices can leave consumers feeling cheated and frustrated. Fortunately, California law provides strong protections against these unfair practices through the Consumers Legal Remedies Act (CLRA). At KAASS LAW, we're dedicated to empowering consumers and holding businesses accountable for their actions. The following will explore the CLRA, explaining its purpose, prohibited practices, and how we can help you assert your rights as a consumer.
California Civil Code Section 1750, the California Consumer Legal Remedies Act declares several methods of competition and deceptive or unfair acts and practices undertaken by any person in a transaction intended to result or which results in the lease or sale of goods or services to any consumer. Unfair business practices covered under the California Consumer Legal Remedies Act include inserting fine print within rebate policies and selling used products under the label of "new."
The American workforce is the backbone of our nation's economy. With countless individuals contributing their skills and labor across various industries. While workplaces strive to maintain safe environments, accidents and injuries can still occur, sometimes due to employer negligence. For workers engaged in interstate commerce, a unique set of legal protections exists under the Federal Employers Liability Act (FELA). FELA provides a crucial legal avenue for workers who got an injury on the job due to their employer's negligence. At KAASS LAW, we champion the rights of workers and dedicate to ensuring they receive the compensation. The following will explore the key aspects of FELA, its purpose, scope, and how it can help injured workers seek recovery.
Federal Employers Liability Act (FELA) is a U.S. federal law which has the aim to protect and compensate workers injured on the job, in case the worker is able to establish that it was at least partially negligent in causing him and injury.
According to CACI 2900, in case the plaintiff claims that while he was employed by the defendant, he was harmed by his negligence he must be able to prove all the following elements to establish the claim:
This post contains some basic information about skateboard product liability in California and the laws involved with riding skateboards. Skateboard laws are a general regulation for the locals and can change at any time so please make sure to consult with a professional near you for the most recent updates. Many US states enacted legislation that limits the liability of government entities and their employees for skateboard injuries. Recently, skateboarding in California was classified as a “hazardous recreational activity,” and as a result, it is more difficult to win lawsuits against the government for injuries suffered on public property.
In California, local authorities have the ability to adopt their own skateboarding laws. According to California Vehicle Code Section, 21212, skateboarders under the age of 18 must wear federally approved helmets. Riders 18 years old and older are allowed to ride without wearing helmets, though this can result in comparative fault for injuries in a case. In most cities, it is legal for skateboarders to ride on the bikeways, streets, and public bicycle paths as long as they avoid business districts and ride non-motorized skateboards.
In California, a government entity can be liable for negligent or intentional acts of its employees committed by a private individual or company. In case a person has injuries as a result of some governmental action, there are some certain rules he must follow to successfully establish his legal rights.
The government entity or agency that is responsible for the employee, property, or carrying out a duty in a California Tort Claims Act suit 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.
When we seek medical care, we place our trust in healthcare professionals to provide competent and safe treatment. Unfortunately, medical errors can and do occur, sometimes with devastating consequences. California law provides a framework for holding healthcare providers accountable for negligence that results in harm to patients. The following will explore California's medical malpractice laws. Additionally, we will be explaining the elements of a claim, the challenges, and how KAASS Law can help. As each state, California also has its own set of medical malpractice laws, and it is important for patients to understand them and know how they can affect his case.
According to California law, an injured party must file his lawsuit within:
From a practical perspective, a claimant has only one year from the date of the medical treatment to bring an action on the case. There is an exception for children under 6-year-old whose parents or guardians have 3 years after the date of the injury to file a medical negligence lawsuit.
California has a growing senior population, and unfortunately, with that comes an increase in financial elder abuse and fraud targeting vulnerable older adults. At KAASS LAW, we are dedicated to protecting the rights and well-being of seniors. The following will explore the issue of financial elder abuse and fraud in California, providing information on how to recognize, prevent, and address this growing problem.
Financial elder abuse or senior fraud can take different forms and can be committed by caregivers, family members, strangers, or any other people known to the elder. Financial abuse may have the same impact as physical abuse.
According to CACI 3100, in case the plaintiff claims that the defendant violated the Elder Abuse and Dependent Adult Civil Protection Act by taking financial advantage of him, he must prove the following elements to establish this claim:
Calling off work due to getting sick is the worst. As a result, you lose days of wages and puts financial pressure for a lot of hard workers. The COVID-19 pandemic brought unpredicting challenges to workplaces and individuals across California. Employees faced illness, quarantine requirements, and caregiving responsibilities, often leading to lost wages and financial strain. Fortunately, California's Short-Term Disability Insurance (SDI) program provides crucial financial support to eligible workers who need time off work due to COVID-19. At KAASS LAW, we understand the complexities of navigating SDI benefits and are dedicated to helping individuals access the support they need during challenging times. The following provides comprehensive information about California SDI benefits for COVID-19, including eligibility requirements, benefit amounts, and how to apply.
The short-term disability (SDI) insurance program provides short-term benefit payments to employees who are off work due to a non-work-related injury or illness. State of California has announced numerous changes in SDI rules in response to the COVID-19 outbreak.
To receive short-term disability benefits in California, a person is required to meet the following requirements:
The Fair Employment and Housing Act provides protection to employees from illegal employment practices. Employers are subject to the Fair Employment and Housing Act in case they have five or more employees. Under FEHA, an employer is prohibited from taking adverse action against his employee based on discrimination or retaliation. The Fair Employment and Housing Act also provides protection to employees from harassment, failing to take necessary steps to prevent harassment and discrimination, and failing to provide reasonable accommodations for pregnancy or mental or physical disability.
Workplace harassment and discrimination can be in different forms, including cases of:
According to CACI 4700, to establish this claim, the plaintiff must be able to prove all of the following:
The plaintiff's harm resulted from the defendant's conduct in case he relied on the defendant's representation. In order to prove reliance, the plaintiff must only prove that the representation was a substantial factor in his decision. In case the defendant's representation of fact was material, reliance can be inferred. A fact is considered material when a reasonable consumer would consider it important in deciding whether to buy or lease the service or good.
California Consumer Legal Remedies Act covers a broad range of unfair business practices, with twenty-four specific unscrupulous acts mentioned within the consumer protection law. Here are the most common business practices covered under CLRA statutes:
CLRA doesn't generally permit plaintiffs to receive monetary awards, but instead, gives them a legal right to seek punitive damages, as well as the restitution of services and property. Defendants can't recover attorney fees and in usually they pay the fees charged by plaintiff attorneys. According to California Civil Code Section 1780(a), consumers injured by unfair or deceptive practices can be entitled to recover:
In case a senior or disabled plaintiff suffers substantial emotional, physical, or economic damage as a result of the defendant's conduct, the plaintiff may be awarded additional damages of up to $5,000. The plaintiff will not award damages in case the defendant:
Navigating a CLRA claim can be complex, especially when dealing with large corporations or sophisticated businesses. KAASS LAW has extensive experience representing consumers in CLRA cases. We can help you:
The CLRA provides strong protections for consumers against unfair and deceptive business practices. If you believe you are a victim of harm from a business that has violated the CLRA, don't hesitate to contact KAASS LAW. We're here to help you fight back and protect your rights as a consumer.
To prove that a breached its duty the plaintiff must prove the circumstances which a reasonable person would foresee as creating a potential for harm and that this breach played any part, even the slightest, in producing the injury or harm to the plaintiff.
FELA's protection extends to a wide range of workers who are in interstate commerce. This includes employees who:
Workers must file a claim under FELA within a three-year period. In case the worker fails to initiate the claim before the mentioned deadline, there will be a case dismissal under federal law.
FELA allows injured workers to get full compensation for caused damages. This is one of the main differences between standard workers’ compensation claims and FELA claims. Workers are not at limit to seeking compensation for a part of lost wages and medical benefits. Workers with an injury have the right to compensate for their noneconomic losses, including pain and suffering. Federal Employers Liability Act covers injuries due to asbestos exposure, as well as cumulative trauma injuries and repetitive stress.
FELA cases can be complex and challenging, often involving intricate legal arguments and extensive evidence. At KAASS LAW, our attorneys have a deep understanding of FELA.
We can help you:
If you're a worker with an injured on the job and believe your employer's negligence, give us a call. We'll listen to your story, answer your questions, and explain your legal options under FELA. We dedicate in helping workers to get the justice and compensation they deserve.
Additionally, FELA cases have played an important role in establishing the precedent for many tort law issues. For instance, such as damages allocation and standards for employee safety and working conditions. Are you in need of additional information? Our employme nt law attorney at KAASS LAW would be happy to help. Get in touch with us now at (310) 943-1171 now!
There are the following rules to operate an electric skateboard in California:
There are three basic types of skateboard product liability claims:
Design defect creates a predictable risk of harm which could have been reduced or avoided by another reasonable design. In California law, a product is considered defectively designed if it fails the “consumer expectation test.” This means that the product must be as safe as a consumer would expect it to be when using it reasonably. Another way of having a product fall into it being a defect is when the product's harm outweighs its design in the first place.
Manufacturing defect takes place when a product departs from its intended design, even though all possible care could have been taken in the product’s manufacture and promotion.
In California, a person injured by a defective product has a right to sue anyone in the chain of production and supply, from the manufacturer through the retailer. A wholesaler or distributor can also be at risk regardless of his actual responsibility for the product’s defect. Thus, skateboard retailers and manufacturers can all be responsible for defective skateboards.
Would you like to file a product liability lawsuit in California? Our product liability lawyers at KAASS Law can look into your situation, and provide you with a free consultation. Get in touch with us now at 310-943-1171.
California law doesn’t directly require a person who wants to use an electronic scooter to purchase insurance. Though, since in California, all electric scooter operators must have a valid driver’s license, and drivers’ licenses require auto insurance, then an e-scooter user will likely have an auto insurance policy. It is worth mentioning that California does not require registration, plate display, or insurance for privately owned electric scooters.
In case an electric scooter operator unlawfully crosses an intersection or mounts and causes injures to a cyclist, pedestrian, or anyone else, the scooter operator can face liability for the incident and inappropriate use of an electric scooter.
An injured electronic scooter rider can be eligible for damage recovery in case he can establish that someone else’s negligence caused or contributed to the accident. This burden of proof takes establishing:
If a person rents an electric scooter from a rideshare service, the company can be legally responsible for any injuries. In case the company fails to properly service a defective or damaged e-scooter or didn’t give proper instructions for use or safety warnings, it can face liability for an injured scooter operator’s damages. If an e-scooter manufacturer released an unreasonably defective or dangerous device that caused injuries to a person, the injured consumer can bring a product liability claim against the manufacturer. In case a vehicle driver negligently hits an electric scooter then the case follows a standard framework to other personal injury claims. [embed]https://www.youtube.com/watch?v=6fl-Gw4mXHE[/embed] Have you been hurt due to a defective electric scooter or a rideshare company’s negligence? If so, we invite you to contact our experienced product liability lawyers in Los Angeles to discuss the details of your situation. Our dedicated attorneys will do everything in our power to help you out!
According to California law, there are very strict deadlines to sue the government. A person must file a claim within six months of the date of his injury if he intends to sue a governmental entity or agency in California. In case the claim is not filed within the six-month period, it will be barred by law. This rule is also applicable to minors. Though in some certain limited cases a person can obtain relief from the court to file a claim within 1 year after the injury.
The damage victim must send 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 submitting a report or sending a letter that serves as notice if it meets all of the relevant criteria. Many agencies and towns, on the other hand, provide claim forms that individuals can fill out to notify them of a claim.
Government claims in California must include the following:
If you don't submit all of the information that is a requirement, they may reject your claim. Other reason could be if you didn't file a claim within the time limits.
You have two options for resolving your federal government dispute. First, you'll have the opportunity to negotiate an out-of-court settlement with the government attorney assigned to your case during the administrative claim procedure. If you file a case in federal court, you'll get a second chance to bargain with a new team of lawyers from the Department of Justice. A claimant is entitled to recover damages against the government in the same manner as he would be allowed to recover against a private company, including:
There are two major exceptions in recovering damages in a case against the government:
If you have been injured as a result of governmental negligence, then you may be entitled to compensation. If that is the case, contact our Glendale lawyer today for a consultation and case review. This type of lawsuit is an extremely complex legal process. Please feel free to give our office a call at 310.943.1171.
California law also requires the plaintiff to notify the defendant 90 days before filing a medical malpractice lawsuit. The plaintiff must send the following information to the defendant:
In California, an injured plaintiff is not required to file a certificate or affidavit of merit to verify the validity of a medical negligence case. However, expert testimony is always required in medical malpractice cases to establish the standards of care to which medical specialists are held in the precise area of the medical healing arts which is in question and to decide whether the defendant who has acted negligently and failed to live up to the standards.
Statutory caps include limits or restrictions on the amount of the damages the plaintiff can recover in a medical malpractice lawsuit. In the state of California, a plaintiff can’t recover more than $250,000 for non-economic damages such as:
It is important to mention that this cap has no bearing on "economic" losses such as:
California also limits the amount of money that an attorney can charge based on a sliding scale which is a function of the total damages award that the plaintiff can collect.
California is a pure comparative negligence state, in which the fault is proportionally allocated among all parties and the damage awards are reduced proportionally.
Navigating a medical malpractice claim can be overwhelming, especially when you're dealing with the physical and emotional effects of an injury. KAASS Law has extensive experience representing clients in medical malpractice cases. We can help you:
If you or a loved one has been injured due to medical negligence, don't suffer in silence. Contact KAASS Law today for a free consultation. We'll listen to your story, answer your questions, and explain your legal options. We're here to help you navigate the complexities of medical malpractice law and seek the compensation you deserve.
[video width="1280" height="720" mp4="https://kaass.com/wp-content/uploads/2019/12/output_HD7206-1.mp4"][/video] If you have suffered a medical malpractice injury, we invite yo to contact our experienced lawyers at KAASS LAW who are familiar with the details and procedures involved with filing a medical malpractice claim in California. If you are serious about the situation, you must act before the statute of limitations is up.
The plaintiff can establish the defendant's illegal conduct by proving that he knew or should have reasonably known that his actions were likely to be harmful to the plaintiff. Such as, the defendant took, hid, appropriated, obtained, or retained the property in case the plaintiff was deprived of the property by an agreement, will, gift, or trust, regardless of whether the property was held by the plaintiff or by his representative. A representative is an individual or an entity, or that is either:
A false misrepresentation lawyer can take a look into your situation for you if you feel as though you need legal assistance.
According to California Civil Code Section 1575, undue influence is a misuse of a person's power and role to exploit the dependency, trust, or fear of another person in order to misleadingly gain control over that person's decision-making and obtaining an unfair advantage over him/her.
Recognizing the signs of financial elder abuse is crucial for intervention and protection. Some red flags include:
There are several steps you can take to protect yourself or your loved ones from financial elder abuse:
According to California Welfare and Institutions Code Section 15657.7 for financial elder abuse claims, the statute of limitations is four years. The statute of limitation beings to run from the time the plaintiff discovers the facts, constituting financial abuse, or when the abuse should have been discovered with reasonable diligence.
Civil remedies for elder financial abuse include:
At KAASS LAW, we commit to protecting the rights and well-being of seniors. If you or a loved one has been a victim of financial elder abuse or fraud, contact us today. We can help you understand your legal options and fight for the justice you deserve.
If you believe that you or someone you know have been a victim of elder financial abuse, we invite you to contact our Glendale elder financial abuse attorneys at (310) 943-1171, for a free consultation.
According to California law, a person is eligible for short-term disability payments in case he is incapable to work due to having coronavirus or being exposed to the novel coronavirus.
In case an employee already has a coronavirus, he must submit a medical certification signed by either by a doctor or public health officer, which must contain the following information:
In case an employee is quarantined due to COVID-19 exposure or potential exposure, he must be able to qualify for a short-term disability benefit if his quarantine is certified by a doctor or public health officer.
An employee can be able to collect short-term disability benefits in case he was laid off and searching for work at the time he became unable to work due to coronavirus or coronavirus exposure. Though in this case a person can’t collect unemployment benefits and SDI at the same time.
California has waived the seven-day waiting period for collecting benefits and an eligible employee can start to receive SDI benefits for the first day off work.
You can apply for SDI benefits online through the EDD website or by mail. When applying, you will need to provide:
Applying for and receiving SDI benefits can be a complex process, especially during the challenges of a pandemic. At KAASS Law, we are dedicated to helping individuals understand their rights and navigate the SDI system. If you have questions about SDI benefits for COVID-19 or need assistance with your claim, contact us today for a free consultation. We can help you:
If you're facing the challenges of COVID-19 and need financial or legal help, don't hesitate to seek legal assistance. KAASS Law is here to help you access the SDI benefits you deserve and protect your rights as a California worker.
Get in touch with our legal professionals at KAASS LAW for more information. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
In case there is proof that the employer failed to take the required steps to protect his employee from discrimination or harassment at the workplace, the employee may have been eligible to take legal action against his employer.
To bring a claim against the employer a plaintiff must establish the following elements:
Protected activity can include the following:
It is illegal for an employer to terminate his employee who threatened to file a charge of employment discrimination against him.
Adverse employment action according to the Fair Employment and Housing Act is an action that materially affects the conditions, terms, or privileges of employment.
An employee must file the discrimination claims within the Department of Fair Employment and Housing within 1 year from the date of the discrimination.
Filing a complaint with the DFEH is required before the employee can file a lawsuit pursuant to the Fair Employment and Housing Act. An online form to file a complaint against an employer can be found on the DFEH website.
When a plaintiff files a complaint with the Department of Fair Employment and Housing, he/she can either:
Thus, an employee is only eligible to file a lawsuit over the Fair Employment and Housing Act retaliation or discrimination after getting a "right to sue" notice from the Department of Fair Employment and Housing.
Are you in need of legal assistance from an attorney who specializes in employment law? Contact our Los Angeles employment law attorney at (310) 943-1171 for a free consultation. [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]