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Welcome to the Michael Waks Blog

Safety Issues for Senior Drivers

November 17, 2015 by

Senior drivers may experience physical declines, mental declines, and other changes that go along with aging.  The changes many people experience as they age can negatively impact their driving skills.  As a result, drivers aged 70 and older are the demographic group with the second highest rate of motor vehicle collisions.  Only teen drivers cause more auto accidents than senior drivers. The number of senior drivers is growing as more aging baby boomers are on the road, which means the risk of … [Read more...]

Free Report: What Is Legal Malpractice in California?

November 16, 2015 by

Legal malpractice occurs when an attorney fails to provide reasonably competent representation to a client who sought his or her legal services.  Like medical malpractice, legal malpractice can give rise to civil litigation.  A client who sustains harm as a direct result of legal malpractice can file a civil lawsuit against the attorney who was responsible for causing that harm. Legal malpractice cases can be complicated. Anyone who believes he or she was the victim of legal … [Read more...]

What are Romeo and Juliet Laws?

November 12, 2015 by

When a sexual assault or other sex crime occurs, understanding the law is important.  Criminal and civil laws are different, and victims who are harmed by an act of sexual assault or violence may be able to file a civil lawsuit regardless of whether a prosecutor moves forward with a criminal case. Statutory rape is one situation where an abuser could face both criminal and civil cases. California Penal Code Section 261.5 defines unlawful sexual intercourse to include: "an act of sexual … [Read more...]

Distracted Driving Dangers: You Can Get a Ticket for Eating and Driving

November 5, 2015 by

While much of the focus on preventing distracted driving is centered on cell phones, a driver who eats while driving can also be a menace on the roads.  A motorist who eats while driving takes a hand off the steering wheel to hold the food, and eyes off the road to consume it.  A University of Leeds researcher discovered, in a 2012 study, that driver reaction time slows by 44 percent when a driver is eating. Many drivers may be surprised to learn that, because of the danger it creates, people … [Read more...]

Can You Get Punitive Damages for Construction Site Accidents?

November 4, 2015 by

When an accident occurs on a construction site, employers typically can't be sued and workers have to obtain benefits through a workers' compensation claim.  Workers' compensation provides for payment of certain losses such as medical bills and disability income, but it does not pay for punitive damages. If a construction worker can sue a non-employer, however, it may be possible to obtain punitive damages for the construction site accident. Obtaining Punitive Damages for Construction Site … [Read more...]

Are Property Owners Liable When Visitors to a Property Are Hurt?

November 3, 2015 by

When people enter a property they have the right to expect the property is reasonably safe.  Property owners have a legal obligation to make sure visitors don't get hurt by unsafe conditions.  The specific obligations a property owner has to protect each visitor is defined by premises liability law. A visitor is called a property entrant, and under California law there are three primary categories of property entrants.  Traditionally, the category an entrant fell in determined what specific … [Read more...]

Who is Responsible for Ensuring Construction Site Safety: A Guide for Injured Construction Workers

November 2, 2015 by

Who Is Responsible for Eensuring Safety at a Construction Site: A Guide for Injured Workers from Michael Waks The owner of a construction company is responsible for the safety of his employees. Construction company owners must enforce the rules the Occupational Safety and Health Administration establishes or they can face OSHA penalties and even criminal charges. Learn more about construction site safety in California in this presentation. … [Read more...]

Can You Sue After a Child’s Sexual Assault at a Daycare Center?

October 29, 2015 by

Daycare centers are entrusted with the care of children and are expected to act in loco parentis - in place of the parent - while children are under their control.  Daycares must provide adequate supervision, follow all state guidelines for licensing and provision of care, and must ensure they exercise reasonable caution in all interactions with children. Sometimes, daycare centers fail in egregious ways and children become victims of criminal acts.  When that happens, parents may wish to hold … [Read more...]

Can a Landlord Be Held Responsible for a Dog Bite Inflicted by a Tenant’s Dog?

October 28, 2015 by

Over five million people are bitten by dogs each year in the United States. Unfortunately, young children are the ones most frequently attacked. Dog bites cause severe trauma for victims, and often result in permanent disfigurement. According to California dog bite laws, the owner of the dog is responsible for damages caused by a dog bite or dog attack. California Civil Code Section 3342 states the owner is strictly liable for any damages caused by the dog regardless of whether the dog has … [Read more...]