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Orange County Premises Liability Law Blog

It's important to see a doctor after a head injury

Have you ever considered how many ways there are to suffer a head injury? We have and our conclusion is that there are a lot! From collisions playing sports, to slips and falls, to motor vehicle accidents, your head is always susceptible to a hard knock. Whether it leads to a brain injury though depends on the severity of the blow.

Most people mistakenly assume that a brain injury only occurs after receiving a severe blow to the head such as slipping and falling on concrete or being sacked while playing a sport. But the brain can suffer an injury even after a slight knock to the head. This happens because the force exerted on the body causes the brain to move inside the skull, sometimes colliding with it and causing damage.

How will you honor Motorcycle Safety Awareness Month?

Whether you're new to driving or have been doing it for a number of decades now, you know that driving a motor vehicle is a privilege that comes with it inherent risks. Fewer drivers know this better though than motorcyclists who have far more dangers to contend with than the average driver.

Not only do motorcyclists have to worry about other drivers and what they're doing or going to do, motorcyclists also have to worry about road design, road maintenance issues, and inclement weather just to name a few. All of these things, though they can be dangerous to other drivers, are far more hazardous to motorcyclists because they don't have the same protection that occupants of other motor vehicles enjoy.

Will bigger trucks mean bigger risks for motorcyclists?

Sharing the roadway with other vehicles is just something you do here in Santa Ana, which is why most people don't give it a second thought on a day to day basis. But when your form of transportation is small and offers you little to no protection in an accident, such as is the case for motorcyclists, you may look at sharing the roadways a little differently.

As those who have ridden a motorcycle know, the more traffic on the roadways, the more likely a motorcyclist will become involved in an accident. This is often because of a motorcycle's size. Other drivers simply don't see them in many accident cases. Motorcyclists also know that when the size of the other vehicle increases, a driver's field of vision decreases, making every excursion on the road a potentially dangerous one.

One man's recovery from quadriplegia gives hope to others

Imagine that you are doing an outdoor activity -- be it biking or cleaning your neighbor's gutters as a favor. One moment you are enjoying the outdoors, the next you wake up in a hospital bed, unable to move your extremities. The doctors tell you that you've been involved in an accident and have suffered a spinal cord injury. They don't think you'll ever be able to walk again.

If you were in a situation like this, what would you do? Would you simply learn to live with it after considering the fact that many severe spinal cord injuries do cause a person to remain disabled for the rest of their life? Or would you hold out hope that you will be one of the lucky few who recovers from this life-changing injury?

The common medical device that could put you at risk of death

For lot of people, hospitals are generally regarded as safe places, where doctors and nurses know what they're doing and have your best interests at heart. But according to a new study released by a team at the University of Michigan Medical School, a commonly used medical device might actually be putting a portion of patients at risk of death.

Having concern for our Santa Ana readers, we wanted to look at the findings of this study. It's our hope that our readers will come away from today's post with a better understanding of the danger this medical device could present but comforted by the fact that compensation could still be an option in some cases.

The CA bill that could have stopped further measles outbreaks

Back in February we talked about the recent outbreaks of measles here in California and asked our Santa Ana readers to consider whether or not a parent who decides to leave their child unvaccinated is liable for compensation in the event that this leads to the serious injury or death of another child. If you're one of our more frequent readers, you may have weighed in on this post but may still have lingering questions about liability and whether the law applies in a situation such as this.

In response to this serious health and legal issue, the California legislature tried to introduce a bill that would do away with the personal belief exemption that allows parents to opt out of vaccines because of their belief system. Many believe that this maneuver could greatly reduce the chances of future outbreaks of dangerous and preventable diseases like measles.

Family of four falls ill after banned pesticide used at resort

In the United States, every state has laws on its books that hold property owners liable for the condition of their premises. Here in California, a property owner is required to maintain a safe premises and address any hazards that could result in injury. If a person is injured or killed because of a failure to correct a known safety hazard, then the property owner may be held liable to pay compensation to the victim or the victim's family.

But are the same liability laws present in U.S. territories? This is one of many questions that could be raised by a recent case involving a family of four who may have fallen ill because of a property owner's negligence. This case presents a unique legal situation that may not have an easy answer.

Is an automaker liable for a crash if the car used to be safe?

Most people know enough about safety regulations for motor vehicles to know that over the course of time, these guidelines change. From the mandate of seat belts to corrections in potentially fatal vehicle designs, federal safety regulations are meant to guide manufacturers toward making the safest vehicle possible using the most current information available.

But as anyone who has passed by a used car lot knows, vehicles that were once considered safe 10 years ago don't just go away because they don't meet today's safety standards. Unless there is a recall of the vehicle, most people wouldn't even know if a used car was safe or not until after becoming involved in a serious or fatal accident. This begs the question though: is an automaker liable for a crash if the car used to be safe?

This is what a spinal cord injury could really cost you

Whether an accident occurs on someone else's property or in a motor vehicle, chances are that if you suffer injuries in an accident, you will have questions about how your medical expenses will be covered. In most cases, the answer is simple: your insurance or the other person's insurance will cover the cost. But in some cases, such as those involving negligent parties, compensation can come from a civil settlement.

If you've never filed a personal injury lawsuit before, you may think that you can do it on your own. After all, how hard can it be? But thinking this is perhaps the worst way to start your road to recovery as it could cost you a lot more than compensation. It could cost you your best chance at claiming the financial security you may need to return to a relatively normal life later on.

A landlord's responsibility to report lead and protect tenants

A news story on the other side of the country may have some of our California readers reconsidering the safety of their own apartment buildings this month. That's because, inspectors from the Health Department recently discovered that construction dust from a rent-stabilized apartment in New York state contained lead amounts that were 210 times higher than the EPA standard.

Tenants of the building are now concerned their health may be in danger and are taking legal action against their landlord as a result. It's a move some here in California might say is justified, especially considering a landlord's responsibility to provide a safe premise.

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