Sacramento Injury Attorney Blog

Generally, if you've been hurt on the job California worker's compensation determines your right to recover. However, in some cases a tort remedy (i.e. filing a civil lawsuit) may be available. Other times, both types of claims may be filed. Consulting with a Sacramento worker's compensation lawyer is the best way to determine your next steps and your best options to obtain compensation when you've been injured.

On the job injuries include a variety of situations, from obvious injuries requiring medical care - such as head and brain injuries, back injuries and slips and falls - to diseases acquired from working around toxic substances such as asbestos and conditions that develop as the result of repeated strain or continuous trauma.

Where workers' compensation provides recovery to victims of work place accidents, you may be able to recover medical costs, lost income, expenses related to vocational training, permanent disability compensation and death benefits. A recent California worker's compensation case reviewed just how damages from work place injuries should be measured. Specifically, it evaluated how cost of living adjustments (COLAs) should be determined. This is a significant decision because it determines whether payments are measured prospectively from January 1st of the first year after a worker is injured or retroactively to January 1st after the year in which a worked is injured.

Here, a worker was injured in 2004 and asserted that his weekly payment should be adjusted based on his injury date. The appeals court agreed. However, the California Supreme Court overturned this decision. The Court reasoned that COLAs are intended to be "calculated and applied prospectively commencing from January 1st following the date on which the injured worker first becomes entitled to receive, and actually begins receiving such benefit payments."

Workers' compensation laws are complex and can be very confusing. An experienced Sacramento workplace accident lawyer can evaluate your circumstance and determine whether alternative avenues to compensation exist. Because recovery of damages may be limited in a worker's compensation case, filing a tort claim may provide an opportunity for greater recovery.

Continue reading "California Worker's Compensation - California Supreme Court Reviews Cost Of Living Adjustments In Christine Baker as Administrator v. Workers' Compensation Appeals Board and X.S. " »

The Contra Costa Times reports that a toddler has died after falling into an irrigation canal near Bayliss, California. According to the report, the young boy fell into the Glenn County Canal and was in the water for nearly 10 minutes before his mother was able to pull him out and begin CPR.

Emergency responders were initially able to restore a faint heartbeat and the boy was taken to a Sacramento area hospital. He subsequently died. The sheriff's department notes, "We don't suspect negligence."

Whenever a tragic accident occurs on public property the question of safety arises and whether adequate measures were taken to protect against dangers. Generally, property owners have a duty to maintain their property in a reasonably safe manner. This means they must take measures to eliminate dangers they know of or should have been aware of or adequately warn of such dangers.

A warning may be a simple as placing a sign setting forth the potential hazard however, if a sign is not placed in a manner that is visible or sufficiently descriptive, the warning may not be adequate. Similarly, in many instances affirmative steps must be taken to protect against known dangers.

Premises liability cases can occur on any type of property and may involve any type of danger - from an open canal to a spilled liquid at a grocery store, the lack of a fence around a public pool, or the failure to warn of a dangerous construction zone. If an unreasonably dangerous condition exists and you are harmed as a result, it may be possible to recover compensation for your injuries.

Continue reading "Dangerous Conditions - Toddler Dies After Falling Into Glenn County Canal" »

As the result of negligence in allowing a wild-fire to burn unattended, the San Jose Mercury News reports that a former a jury has found a former schoolteacher and her relatives responsible for damages caused by one of Santa Clara County's biggest wildfires. The premises accident occurred after Margaret Pavese illegally began burning paper plates in a 55-gallon metal barrel. The Lick fire burned out of control, damaging 47.760 acres, destroying four homes and 20 buildings in the Henry Coe State Park Area. Also destroyed in the fire were papers a San Jose man - Dan Straus - had inherited from Albert Einstein, including calculations jotted down on onionskin and an envelope.

Pavese was sued for negligence as the result of allowing a dangerous condition to exist.

The concept of "premises liability" provides that owners or occupiers of land have a responsibility to keep their property free from dangerous conditions they knew of or should have known of and/or take reasonable precautions to warn of the unreasonably dangerous conditions.

Here, the jury applied a similar theory to determine that despite Margaret accepting sole responsibility for the accident, the duty to exercise reasonable care and the knowledge of the dangerous conditions created liability on behalf of the other family members. As noted by a representative - "Margaret lit the match, but we were able to convince the jury that the Pareses were all negligent. We really felt we lost a historical treasure."

Continue reading "Man Receives $750,000 Award for Loss Of Papers" »

A woman injured in a slip and fall accident while on a Carnival Cruise was awarded $2.998 million. A federal judge determined the cruise line had known about several prior accidents on the resin surface it installed on its pool deck - both on this ship and on other ships. The surface was hard and slippery as ice, leading the woman to fall and suffer a fractured patella. As a result of the fall, she needed six surgeries and will require one to two total knee replacements.

When boat accidents occur - whether a privately owned boat or a commercially owned cruise ship - the laws governing your right to recover damages and the boat owner's responsibility for reporting and providing medical attention may be complex. An experienced boat accident litigation lawyer can provide needed answers and help you obtain the compensation you are entitled to.

Here after initial discovery the cruise line admitted liability, leaving only the question of damages for trial. However, often times boat owners or operators will deny any wrongdoing requiring a skilled boat accident lawyer to show that it was the owner or operator's failure to use reasonable care that caused the accident. This may be shown in the same manner as for any personal injury - i.e. was the boat owner or operator careless or reckless and did this carelessness or recklessness injure the passenger? Where the negligence of a boat owner or operator causes an injury, compensation may be recovered.

Continue reading "Boat Accident Leads To $2.998 Million Judgment " »

The Silicon Valley news reports that at least 78 PG&E electrical accidents have occurred in the Bay Area since 2005, with dozens of serious injuries, including burn injuries, as a result of nearly 31 explosions.

In one instance, Lisa Nash of Redwood City was burned over half her body when an electrical vault exploded underground. She received a $20 million settlement after suing PG&E. In-depth investigations are now underway after the September 9th San Bruno explosion in which 8 people died and 38 homes were destroyed.

If you or a family member has been injured in an electrical accident, it is important to contact an experienced California personal injury lawyer to discuss your options and determine your next steps. In many situations, it may be possible to be compensated for your losses.

As a result of the San Bruno incident, along with the fires and manhole blasts caused in part by aging underground electrical equipment, PG&E is evaluating how it can improve safety. With the vast majority of the accidents occurring in San Francisco, Bay Area residents and officials are fed up.

Continue reading "Serious California Injuries From PG&E Electrical Explosions And Fires Blamed On Aging Gear" »

According to KTLA, the Los Angeles County Health Department is investigating the Playboy Mansion after hundreds of people reported becoming sick after attending a party there last month. The party was part of the DOMAINFest Global Conference, which included functions at the Sky Bar on Sunset Boulevard and at the Playboy Mansion.

Nearly 200 people became sick with what some suspect is Legionnaires' disease, an illness characterized by coughing, chills, fevers and violent headaches.

Whether safety issues - such as ensuring the whirlpool tubs where numerous people congregated were clean - played a role is in question, as is who is to blame for the outbreak.

If you have become ill due to a unclean or unsafe condition, you may be able to bring an action for negligence if those responsible failed in their duty to follow proper procedures. It is important to contact an experienced California personal injury attorney to discuss your options.

Continue reading "Bacterial Illness Linked To Playboy Mansion Raises Questions Of Negligence" »

A lawsuit has been filed in a California District Court as the result of burn injuries a young boy received from hot nacho cheese that spilled on his chest while visiting Disney World.

He was immediately treated for his burns at an Orlando-area hospital, and is still receiving treatment for those injuries nearly a year later.

If you have suffered a burn injury, or other serious personal injury, an experienced Sacramento personal injury attorney can advise you regarding your next steps.

Here, the parents allege that the restaurant that served the food failed to adequately warn consumers regarding the temperature of the food and the potential for danger. The lawsuit alleges a "failure to regulate and monitor the temperature of the nacho cheese which was being served to young children."

Continue reading "California Family Sues Disney For Burn Injuries" »

The Mercury News reports that Cal/OSHA will begin investigation into the circumstances surrounding a fatal construction accident at the Woodlake Shopping Center. A Sacramento man, Cristobal Reyes-Segura, suffered fatal injuries after falling 15 feet from a beam where he was standing to install metal studs in building frames.

Under California law, when work-place accidents occur you may have remedies both through workers' compensation and traditional tort law. The general rule is that you cannot sue your employer form on-the-job injuries. However, you may be able to submit a claim for benefit to the Workers' Compensation Appeals Board. Where a death occurs, these benefits are paid to your dependents. The type of compensation recoverable includes medical bills, lost income, permanent disability and death benefits. Often the amount of compensation is much lower than you would be able to recover in a civil proceeding.

Although you may not sue your employer in civil court for your workplace injuries, in some circumstances it is possible to file a lawsuit where a third party is responsible. In construction cases this may be a third party contractor, the owner of a site [who is not your employer] or other party on the premises. If one of these parties is responsible for creating an unreasonable risk of harm, providing faulty equipment, or otherwise engages in reckless or negligent conduct, they may be held responsible and required to compensate you or your family for the injuries sustained.

Continue reading "Cal/OSHA To Investigate Sacramento Construction Accident " »

Last week's stand-off at the Roseville Galleria luckily ended with no injuries. According to the Sacramento Bee, a man walked into the mall's Gamestop, began talking incoherently, then ordered the employees out. The man subsequently set fire to the mall.

The fire garnered national attention as police and fire fighters mounted a massive response, surrounding the building and assisting shoppers out of the mall. The mall sustained significant water damage and the roof collapsed over two shops. Fortunately no one was harmed in the incident.

When large-scale accidents causing significant damage occur - several issues are raised. First, what is the primary cause of the accident? Here, a man suspected of arson has been arrested for the crime. Next, did those charged with responding to the accident and putting out the fire act with reasonable care? Police and employees are paid to perform their duties to an established standard of care - if their conduct falls below this threshold, liability may exist. In such instances, individuals, their employers and even local governments may be held responsible.

Finally, did the owner of the building in some way contribute to the damage by failing to protect themselves from fires? Reports have surfaced indicating that the sprinkler system failed to work properly, either as the result of a police officer or firefighter turning off the system or due to a failure of the system itself.

Continue reading "Roseville Galleria Fire Ends With No Injuries" »

According to KGO-TV San Francisco, Novato school officials have closed playgrounds at three schools after reports of several children suffering bad falls. At least six kids have sustained broken bones in less than 3 weeks after falling off the newly renovated structures. Numerous other children have suffered minor injuries.

The cause of the accidents is still under investigation. Officials speculate that either the features on the playground are too high, the playgrounds are too crowded, or that those supervising the playground lacked proper training to assist the children.

Each of these possibilities carries with it potentially different defendants and causes of fault. Depending on the source of the danger, the school, the manufacturer of the playground equipment, or the contractor who installed the equipment, could be held liable for the children's injuries.

Fortunately these playgrounds have been closed before additional - and perhaps more severe - injuries occur.

Continue reading "High Number Of Injuries Prompts Novato To Close Playgrounds" »

In a recent decision, the California Supreme Court held that National Park and other recreational workers must ensure the safety of visitors, or be found liable for their actions.

The impact of this holding could have far-reaching implications throughout California - including in National Parks such as Yosemite and Muir Woods - and across the country.

In Klein v. US, a bicyclist was riding through the Angeles National Forest when he struck head-on by a car driven by a volunteer working for the United States Fish and Wildlife Service. He was seriously injured in the collision.

At issue was whether a landowner owes a responsibility to those on its land for recreational purposes. Here - the landowner is the United States government. After extensive review, and based on the plain language of the statute at issue (Civil Code Section 846) the Court determined that landowners may be held liable for the negligent conduct of their employees - including vehicular negligence. The Court rejected the United States' argument that the landowners were shielded from liability for negligent acts because they were on Federal Property. Rather, the Court was swayed by California's "strong interest in promoting the safe driving of motor vehicles and in preventing or minimizing personal injuries from motor vehicle accidents."

Continue reading "Landowners - And Their Employees - Responsible For Negligent Conduct In National Parks" »

According to KTVU.com, a Pleasanton rollercoaster recently malfunctioned at the Alameda County Fair, leaving 5 children and 2 adults injured. The same model of rollercoaster the "Wacky Worm" injured a worker at the Sonoma-Marin County fair the week before.

In the Pleasanton incident, a chain came loose from the rollercoaster, striking the people on the ride. The ride was re-opened the next day after passing safety inspections.

When people go to amusement parks - both children and adults alike - expect to have fun and maybe even be a little scared on the rides, but ultimately be safe. Occasionally rides malfunction and potentially serious personal injuries may result.

If the injuries are the result of negligence, you may be able to bring a claim for premises liability. A premises liability action exists where someone is lawfully on another's property and is injured due to an unreasonably dangerous condition.

Continue reading "Pleasanton Rollercoaster Accident Injures 5" »