Property owners and possessors owe a duty of care to everyone who enters their premises. The specific duty of care, however, varies depending on whether the entrant is an invitee, licensee, or trespasser. If you or a member of your family was injured on someone else’s premises because the property owner, possessor, or one of their employees breached the duty of care, you may be entitled to damages.Read on to learn the key differences between invitees, licensees, and trespassers:What Is an Invitee?There are two categories of invitees: business invitees and public invitees. Business invitees are invited onto a premises for business dealings with the property owner or possessor. Examples … [Read more...]
Who Can Be Held Liable for a Bus Accident?
After most car accidents, the insurance company of the at-fault motorist would cover the medical bills, lost wages, and property repairs incurred by the other parties involved, up to the policy limits. But after a bus accident, it’s common for someone other than a driver to be held liable for damages.If you’ve been injured in a collision involving a bus, you might have grounds for a claim against: The bus driver’s employer; The bus driver; The company that was hired to maintain the bus; Someone driving another vehicle; A tour bus operator; A government entity; The designer or manufacturer of the bus or its parts; and/or The school board.Let’s take a closer look at the … [Read more...]
How Soon Should I Visit a Doctor After Suffering a Personal Injury?
There’s always a lot to do after sustaining a sudden injury. If you’re involved in a car accident, for example, you might have to find alternative transportation, get a coworker to cover your shift, and arrange child care. With so much on your plate, it’s tempting to put off your medical evaluation, especially if your symptoms seem manageable. Unfortunately, choosing to delay your doctor’s visit could put both your health and your personal injury claim in jeopardy.Some injuries, such as internal bleeding and brain trauma, can present latent or minor symptoms despite their critical nature. Under many circumstances, getting an early diagnosis leads to a more favorable prognosis.Besides … [Read more...]
How Do I Prove the Other Driver Was Texting?
Texting while behind the wheel can be just as dangerous as drunk driving. But unlike alcohol-related accidents, there’s no test that can be conducted at the scene to prove a motorist was texting. As such, attorneys must resort to other forms of evidence to prove negligence, much of which can be difficult to obtain without applying legal pressure.If you turn to a well-credentialed law firm, you won’t have to worry about filing subpoenas and navigating complicated legal proceedings on your own. Your car accident lawyer can take over the logistics and collect all relevant evidence including: Cell Phone Records: Since the at-fault driver’s carrier is unlikely to turn over their records … [Read more...]
When Are Family Members Entitled to Emotional Distress Damages?
In the state of California, personal injury victims have the right to pursue compensation for any economic and non-economic damages they incur. Under some circumstances, a person who witnessed a serious accident also has the right to seek compensation for the negligent infliction of emotional distress—even if he or she wasn’t physically injured.Until 1968, courts typically dismissed emotional distress claims unless the plaintiff could prove the defendant’s conduct placed him or her in harm’s way. But this precedent was broken in the landmark case Dillon v. Legg, which was decided in the California Supreme Court.What Happened in Dillon v. Legg?Dillon v. Legg was a seminal case in the … [Read more...]
