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Orange County Premises Liability Law Blog

Joan Rivers' estate seeks compensation in wrongful death lawsuit

The sudden passing of a loved one oftentimes leaves a victim's family reeling with grief. Learning though that their loved one's death was the direct result of someone else's negligence can make the loss that much more difficult to bear. In situations such as this, as our frequent Orange County readers already know, a victim's family and loved ones may seek restitution from the at-fault party as a way of not only paying for damages the negligence may have caused but also as a way of getting closure from the tragedy.

This is perhaps why Melissa Rivers, daughter of the late actress and comedian Joan Rivers, along with the executors of Rivers' estate have filed a wrongful death lawsuit against the parties they believe to be responsible for Joan's death. In a 281-paragraph complaint, the plaintiffs explain that several missteps led to the actress' death including: performing a procedure without the patient's consent, allowing a doctor not credentialed by the defendants to assist in the procedure, failure to monitor vitals and failure to react to the patient's distress in a timely manner.

Your right to compensation after a slip and fall in California

Imagine that you are at the grocery store, walking through the produce aisle, when all of a sudden you slip and fall on a puddle of water on the floor. After recovering from being stunned and after assessing your injuries, you look around to see water dripping from one of the produce cases. You also notice that there are no warning signs regarding this hazard. It makes you wonder: was this a problem workers at the store were aware of prior to your fall?

The answer to this question is an important one because it can establish an instance of negligence. The answer to this question can also bolster a premises liability claim, which will seek compensation for your injuries.

Science helping those with spinal cord injuries walk

If you have a spinal cord injury or know someone who has one, then this is definitely a post you will want to read. That's because in this week's post we will be talking to our readers about an exciting piece of technology that gives people with spinal cord injuries the ability to walk again, giving them back their independence by reducing the impact their disability has on their life.

The piece of technology we are referring to is a biotic exoskeleton developed by a company called Ekso Bionics. At a demonstration this month at the 2015 International Consumer Electronics Show, Ekso Bionics showed one of its bionic suits in action with the help of a man with a partial spinal cord injury. With the help of the suit, the man was able to walk around, only using two crutches for balance.

Is more bed rest after a concussion better? Research says no

For many people, the brain is perhaps the most important organ found in the human body. It controls everything from body functions to the words you say and think. It's because of its importance that a copious amount of research has gone into studying what happens to the brain in the event of head trauma. The hope is that the more we know about how traumas affect the brain, the better we will get at treating such injuries.

For a number of years, brain injuries -- such as mild concussions -- have received the standard treatment of one to two days of rest following the injury then a gradual transition back to normal activities once symptoms begin disappearing. This rule of thumb changed though in recent years when some researchers and doctors postulated that more rest -- such as five days of strict rest -- might actually be better for the healing process.

What are incomplete spinal cord injuries?

Have you suffered a spinal cord injury in California? If so, it is important to know the difference between a complete injury and an incomplete injury. Most injuries can be lumped into one of these two categories, and they help to identify just how much you will be impacted by the injury in the future.

A complete injury is direr than an incomplete injury, as it means that you have lost all sensory ability -- or feeling -- in the part of your body that is lower than said injury. It also means that you have lost all -- or almost all -- of your motor function below that point. Motor function is simply your ability to move your body in a controlled fashion.

What are some indicators of an aggressive dog?

Most people actively try to avoid situations in which they could potentially get hurt. That's because injuries, even minor ones, oftentimes require medical attention, which can result in expensive medical bills and possibly even continued treatment.

One way people try to avoid possible injury is by educating themselves about potentially dangerous situations such as ways to avoid a serious motor vehicle accident or how to recognize a hazardous work environment. In this week's blog post, we'd like to address dog bite injuries by addressing the question: what are some indicators of an aggressive dog? By answering this question, we will hopefully give our readers the information they need to avoid a dangerous situation as well as injury down the road.

Basic safety tips for motorcyclists this month and every month

We are fortunate in Southern California to have good weather almost all year. That’s why, when most motorcyclists around the country have to put their bikes in the garage all winter, bikers here in Orange County can continue to ride comfortably even in December.

Speaking of taking a December ride, you may be planning a road trip to visit family and friends over the next couple weeks. If so, please remember that roads are especially dangerous during the holiday season, particularly for motorcyclists. In today’s post, we’ll discuss some basic safety reminders.

Why are brain injuries so harmful to children?

Imagine that your child has just been involved in a serious accident that was the result of a negligent driver.  If you're like most parents here in California, then you're probably not only worried about the injuries you can see but the injuries you can't see as well.  And aside from getting your child the medical attention they need, you may be also worried about recovering the compensation they deserve as well.

To better address this concern, we wanted to start this week's blog post off with a question that could easily be on the minds of many of our readers right now: why are brain injuries so harmful to children?  By looking at the answer to this question we hope to illustrate the importance of seeking compensation for injuries after an accident, especially because of the long-term effects they can have on a child.

Understanding the 'Discovery' rule in wrongful death claims

No matter what a civil action seeks to do, there are statutes of limitations that apply. These are laws regarding how much time a plaintiff has before his or her right to file will expire. For a wrongful death case in California, the typical time limit is two years from the date of victim's death.

The start of the statute of limitations, however, may start from the time the victim's family learns of the cause of their loved one's death. One rule that applies to the statute of limitations, though, is the discovery rule. This rule is used to determine if the decedent knew or should have known of the cause of his or her death before it occurred. If so, the statute of limitations might be ruled to have begun before the decedent even died.

Study: Children's head and brain injuries most often due to falls

While most parents do whatever they can to keep their children safe, falls, stumbles and tumbles do occur. According to one recent study, those falls are the number one cause of head trauma for children.

The study, which was published in the New England Journal of Medicine, was led by a professor from the University of California, Davis School of Medicine who works in the university's pediatrics and emergency medicine departments. The study looked at 43,000 children who suffered head trauma and were seen at 25 emergency rooms between 2004 and 2006.

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