Archive for June, 2010

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California Premises Liability Law

Wednesday, June 30th, 2010

According to California law, property owners or tenants must “express due diligence” with their buildings and/or land and can be held responsible for any damage or injury that occurs on or within their property. While that seems fairly straightforward, California premises liability laws are anything but straightforward for determining liability. This is one of the many reasons why it is very important to hire an experienced California premises liability attorney. California’s premises liability laws can be extremely complex in determining liability, percentage of liability and many other important factors.

To illustrate the complexity of California premises liability laws, consider California Civil Code section 1714:

“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

Your Orange County premises liability lawyer will tell you that the phrase “want of ordinary care” is central to determining damages in a premises liability lawsuit. When most people hear about premises liability, they think of slip and fall accidents, but there are many other situations that are governed by premises liability law.

If you or a close family member has suffered an injury on someone else’s property that you believe was caused by the owner failing to express due diligence or from want of ordinary care, call 888.848.5084 today. The California premises liability lawyers at the Law Offices of Samer Habbas may be able to help you seek damages to help with medical expenses, lost time at work and other accident-related costs you have incurred.

Slip and Fall Accident Information from Experienced California Slip and Fall Accident Attorneys

Monday, June 28th, 2010

Every year, slips and falls cause more than one million injuries serious enough to warrant an emergency room visit. Any experienced California slip and fall accident attorney can tell you that slip and fall accidents are especially devastating to senior citizens who lack the reflexes and resilience that they once had. An Orange County slip and fall accident lawyer could also tell you that when we’re walking in any public place, we are entirely within our rights to expect the following:

  • Floors, stairs, ramps and other walkways are safe for walking.
  • If there is a potential hazard of any kind, the landowner or manager should make reasonable attempts to alert us to the hazard with signage and other markings.
  • If a hazard to others exists, it is incumbent upon the landowner to remove the hazard as quickly as possible.

However, if a slip and fall hazard exists, is not remedied and leads to someone slipping, falling and suffering injuries, the person or organization that owns the premises can be held liable for damages. This is where having the assistance of an experienced Los Angeles slip and fall accident attorney is very important.

An experienced California slip and fall accident lawyer can investigate the circumstances surrounding the accident, build an effective case that indicates the responsible party’s negligence and help the injured party and his or her immediate family seek damages. If you or a close family member has been injured in a slip and fall accident, the attorneys at the Law Offices of Samer Habbas may be able to help. To schedule a free consultation to discuss your case, call them today at 888.848.5084.

Anaheim Doctor Lost License Once, Accused of Another Death

Friday, June 25th, 2010

An Anaheim physician whose license had been revoked in 2002 but reinstated is again facing serious allegations of negligence after the death of a woman during an abortion. The license of the Anaheim obstetrician-gynecologist was suspended pending a recent California Medical Board hearing. According to records, the doctor is being investigated for the following:

  • Administering anesthesia without knowing the safe dosage
  • Practicing medicine in an unlicensed office
  • Performing surgery outside a hospital without malpractice insurance

The doctor voluntarily surrendered his medical license in 2002 after a two-year California Medical Board investigation. The investigation was prompted by the deaths of two infants in addition to allegations of lying to patients, having sex with a patient in his office and performing unnecessary hysterectomies. In 2007, his license was reinstated, outraging many of his former clients.

The doctor’s current troubles stem from a July 2009 incident where a 30-year-old woman was undergoing an abortion procedure. Records indicate that the doctor injected lidocaine into her cervix, which caused the woman to have a severe reaction. The doctor reportedly performed CPR, but Board records indicate that there was a “significant delay” in calling 911. The woman was in full cardiac arrest when the paramedics arrived and died in the hospital six days later. An autopsy cited the cause of death as “lidocaine toxicity.”

Hiring an experienced California medical malpractice attorney is a key element of a successful medical malpractice lawsuit. An Orange County medical malpractice attorney should have many years of experience assisting clients in these cases and should have extensive knowledge of proper medical procedures. Your Los Angeles medical malpractice lawyer should also have the resources to bring in expert witnesses and handle lengthy trials. Call 888.848.5084 to schedule a free consultation with the experienced California medical malpractice lawyers at the Law Offices of Samer Habbas today.

Traumatic Brain Injury FAQ’s

Wednesday, June 23rd, 2010

The Orange County brain injury attorneys at the Law Offices of Samer Habbas have seen the massively life-changing effects that traumatic brain injuries have on victims. For many years, their Los Angeles brain injury lawyers have been helping injured people and their families. While each situation and injury is unique, many clients ask the same series of questions. These frequently asked questions about traumatic brain injury include the following:

How common are TBIs?

The Centers for Disease Control and Prevention estimate that 3.2 million Americans are permanently disabled by a TBI and that 1.7 million people suffer traumatic brain injuries each year.

What are the leading causes of TBIs?

More traumatic brain injuries are caused by falls (35.2%) than anything else. Surprisingly, motorcycle and automobile accidents are the second most common cause of TBIs at 17% with being struck by an object as third at 16.5%. The next most common cause is assaults at 11%. The other 21% of traumatic brain injuries are caused by many different accidents and acts of negligence.

Who is most at risk for suffering a traumatic brain injury?

People aged 0 to 4 years of age, 15 to 19 and 65 or older are most likely to suffer a traumatic brain injury with males being 1.5 times more likely than females to suffer these injuries.

Do I really need a Los Angeles traumatic brain injury lawyer?

Absolutely. An experienced California TBI lawyer has the skill, experience and resources to help victims and their families through this difficult time and can protect his or her clients’ rights at all times. Experienced Los Angeles TBI attorneys can also look out for the best interests of victims by dealing with insurance companies and others.

If you or a close family member has suffered a traumatic brain injury due to the negligence of others, contact the experienced Orange County brain injury lawyers at the Law Offices of Samer Habbas. Call them at 888.848.5084 to schedule your free consultation today.

Information About Recent Bad Faith Insurance Cases in California

Monday, June 21st, 2010

When we purchase insurance polices, we are buying faith in the company that wrote and issued the policy. Even though the chances of needing this insurance to pay a claim are remote, we send them money anyway so that we are somewhat protected if something should happen to our car, our house, our health or another important facet of our lives. However, when insurance companies fail to honor the contracts they write, California policyholders have no recourse but to contact an experienced California insurance bad faith lawyer to remind the companies of their contractual obligations. If you believe that your insurance company is acting in bad faith, here are some California court decisions that your Southern California insurance bad faith attorney can explain in greater detail:

  • Glenfed Development Corp. v. Superior Court, 53 Cal. App. 4th 1113 (1997) This decision requires insurance companies to provide copies of their claims manuals in the course of pre-trial discovery.
  • Pfizer, Inc. v. Superior Court of Orange County, 59 Cal. App. 4th 480 (1997) This decision created a precedent that insurance companies can be compelled to disclose how they treated other policyholders with similar claims.
  • Lipton v. Superior Court, 48 Cal. App. 4th 1599 (1996) In this case, the court ruled that reserves and reinsurance are subject to discovery in a trial.
  • Crime/Fraud Exception to Attorney-Client Privilege — State Farm Fire & Casualty Co. v. Superior Court (Taylor), 54 Cal. App. 4th 625 (1997) (order published 12/1/97) In this case, State Farm intentionally spoiled evidence that would have supported a customer’s bad faith insurance claim. State Farm also engaged in other fraudulent practices including forgery to avoid paying valid earthquake claims.

Long Beach insurance bad faith lawyer Samer Habbas would like to remind his readers that insurance companies are for-profit enterprises and paying claims erodes profits. Insurance companies are in the litigation business. It is an important component of their business model. Some will employ many different tactics to avoid paying a claim. If you feel that you have a valid claim and your insurance is acting in bad faith, contact California insurance bad faith attorney Samer Habbas today by calling 888.848.5084 to schedule a free consultation.

Resource link: California recent developments

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