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Orange County Premises Liability Law Blog

Motorcyclists have rights in an accident too

Imagine for a moment that you are a motorcyclist here in Santa Ana. Out for a drive one day, you make a left turn onto another street. Suddenly though, you are struck by a car that has taken a right turn into your lane. Your motorcycle immediately topples over, causing more injuries than the initial strike. But you're alive and you're grateful for that because you survived an accident that could have gone quite differently.

But if you're like most people across the nation, your mind likely begins to race and you start considering the answers to some rather important questions like: who had the right of way? Did the other driver clearly signal their intent? Why did they hit me? Did they not see me or were they distracted? Could the other driver have been intoxicated?

Researchers hope $1.7 million grant will help victims with SPIs

From vehicle collisions to slips and falls, spinal cord injuries can result from any accident where damage is directly suffered to the vertebrae, disks or ligaments within the spinal column. The severity of injury greatly depends on the type of accident, the forces applied to the body, and where the injury is suffered. This means that not all SPIs are the same or have the same impact on a person's life down the road.

As our more frequent readers know as well, there is a huge difference between a partial SPI and a complete SPI. Patients with partial SPIs sometimes regain some or mostly all function thanks to advancements in nerve reconnection surgeries as well as our body's natural ability to repair connections. Unfortunately, those with complete SPIs may never regain function in the affected regions, oftentimes because the damage is too severe to repair.

Selfies are unsafe, no matter what motor vehicle you're driving

Twenty years ago, cellphones were a rarity found only among those rich enough to afford them. Now, with advancements in technology, just about everyone has one, making us more connected now than we ever were.

But this seemingly innocent advancement has come at a price. The need to stay connected is now ingrained in the fabric of our society, blurring the lines between when it's safe to use such technology and when it's not. It's an issue our Orange County readers know all too well because it's something that is causing more and more motor vehicle accidents every year.

Measles outbreak in California raises liability questions

Every state across the nation has some tort law that explains what negligence is. Here in California, we have Section 1714 of the California Civil Code, which states that if your actions or mismanagement of your property results in injury or death of another, then you can be held liable for damages in a civil lawsuit.

Though most people in the state may not be able to site this exact section of law, most people know that if you act negligently or have reason to believe that your actions are negligent, then you should be held accountable by the law. If we apply this line of logic though to the recent measles outbreak case, then it might leave our readers wondering to what extent the definition of negligence may be stretched.

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.

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