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Anybody in the chain of distribution or the manufacturing—from the manufacturer to the distributors—can be liable. That means anybody responsible for the product’s creation or dispersal. How Does Workers’ Compensation Relate To A Toxic Tort Claim In California? Typically, workers’ compensation will prohibit you from suing your employer if you get injured while on the job. However, when you have…
Yes, they have the right to have you followed. The insurance company usually employs investigators to follow you later in the case after taking your deposition. You have already answered written discovery questions indicating things you can and cannot do. For instance, you may say, “I can’t stand for more than 30 minutes,” or “I can’t climb a flight of…
A tort is a common law claim. It is a civil, not criminal, wrong (other than a breach of contract) that has caused an individual to suffer a loss or harm and results in legal liability for the person who committed the tortious act. The toxic aspect of a toxic tort case pertains to a substance or material that causes…
I wouldn’t say that makes your claim more complicated; it just means you will be operating under different rules and possibly a court in a different location from where you live. Just because the trucking company is located outside of California doesn’t automatically mean you can’t sue it in state court, but it does mean that you may be filing…
Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, allows a private individual, instead of the Attorney General (if the Attorney General declines to pursue the claim), to pursue a claim against an entity for exposure to toxic substances. However, you are required to follow specific notice procedures before you can get approval to…
There are two different claims adjusters you will probably be dealing with. If you have liability insurance (e.g., car insurance), you will initially deal with your own insurance claims adjuster. Those claims adjusters tend to be more responsive because they are providing a service that you are paying for; you are a customer, and there is a contract and rules…
The worth of a car accident claim is fact-dependent. The short answer is that your case is worth whatever it’s going to take to make you whole. That’s the entire point of the civil litigation system – to make you whole again. As such, it varies in every single case and for every single person. I think the most important…
The common causes go back to negligence. In most cases, the truck driver has needlessly endangered other people by not following either the California Vehicle Code or the federal rules regarding trucking. Maybe it was a lack of sleep because they’ve been on the road for too many hours consecutively, meaning they didn’t get the required rest break. When somebody…
The liability question is primarily the same if someone slips and falls on personal property versus a place of business. However, there are some differences. For instance, if you slip and fall at a house where there’s a puddle of water on the kitchen floor because a child spilled a glass of water, that is something that you wouldn’t expect…
When it comes to slip-and-fall cases in California, you have to prove a couple of elements that are required under the premises liability law. First, you have to prove that there was a dangerous condition that caused the slip and fall or trip and fall. Once you’re able to prove that a dangerous issue or condition existed, you have to…