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Burden of Proof in California
What is Burden of Proof in California?
The burden of proof in California is the obligation to establish the elements on the subject of the claim. In a criminal trial, the burden is solely on the prosecution because of the presumption of innocence, where in a civil trial the burden of proof is originally on the plaintiff and then can be shifted to the defendant. In civil trial the burden of proof is much lower for plaintiffs than the burden of proof for prosecutors in a criminal cases. During a criminal case, a prosecutor must establish the case against the defendant beyond a reasonable doubt.Burden of Proof in Civil Cases:
Different standards of proof are used depending on what is at stake in the case, such as the issue of rights to a property or money.Preponderance of evidence
Clear and Convincing Evidence
Burden Shifting in Civil Cases
In case the plaintiff is able to present sufficient evidence and convince a jury by the preponderance of the evidence that the defendant has committed the illegal act, the burden of proof will shift to the defendant. Numerous forms of evidence can be offered at trial, such as:- Live testimony from expert witnesses, parties, or other witnesses
- Medical records
- Testimony which is recorded prior to trial
- Videos
- Photos
The Burden of Proof in a Criminal Trial
As mentioned above, in a criminal trial, the defendant is presumed innocent until proven guilty, therefore, the burden of proof is always on the prosecution. In case the prosecution fails to prove the defendant's unlawful actions, the defendant doesn't have to prove anything. The highest standard in criminal cases is beyond a reasonable doubt, which is a much higher burden than preponderance of evidence. Beyond a reasonable doubt means that there is a great likelihood that the defendant is guilty of committing the crime. Do you have any specific questions about a situation involved with yourself or a loved one? An attorney near you should be able to provide you with legal assistance regarding your particular matter. Our law firm in California offers services throughout Los Angeles County, San Bernardino County, Ventura County, and all surrounding areas. Are you are involved in a situation that consists of legal matters? If so, you do not need to go through the situation on your own. Seeking professional advice and assistance regarding your specific case can increase the likeliness of a positive outcome for yourself and your family. - Read More
Starting a Restaurant Business in Los Angeles
Starting a restaurant in Los Angeles has its own set of legal considerations, which are specific both to the State of California and to the restaurant industry. The person must undertake the following steps:- Create a business plan
- Choose the proper business entity
- Obtain proper state and county licenses and permits
- Deal with state and county health and safety regulations
- Getting adequate insurance
- Reviewing franchising issues
- Deal with employees
Creating a Business Plan
Before seriously pursuing a new restaurant in Los Angeles, you will need a specific thought-out business plan. This can include:- The name
- The overall concept of the restaurant
- A solid financial plan
- Startup costs
- Your target market
- Advertising strategies
- Menu
- Pricing
Choosing the Proper Business Entity
The type of business entity you choose for starting your restaurant in Los Angeles will affect your amount of personal liability and tax obligations. Actually, there are four basic types of business formations:- Sole proprietorship
- Partnership
- Corporation
- Limited Liability Company
Obtaining Licenses and Permits
Under California law, a restaurant owner must obtain the following:- IRS identification number: Restaurant owner is required to register with the state of California and the federal government for a Federal Employer Identification Number.
- Seller's Permit, which is mandatory for all restaurants in California.
- Health Operational Permit: This is required for sale of edible goods, and the costs and rules vary by county.
- Workers' Compensation Insurance: Under California law employers must have workers' compensation insurance even if they only have one employee.
- Food Safety Certification: In California, each food facility must have at least one owner or employee who has passed a state-approved Food Safety Certification exam.
- Food handler permit: California law requires all employees that handle food must have a permit to do so.
- In case a restaurant owner intends to serve alcohol in his restaurant, he will also need to obtain a liquor license, handled by California Department of Alcoholic Beverage Control.
Obtaining Adequate Insurance
There are numerous risks associated with opening a restaurant in Los Angeles, such as employees or customers falling or slipping, someone getting hurt from broken glass or hot liquid etc. There are also more common business risks such as theft, fire or other personal injury or property damage. While choosing proper insurance coverage for you restaurant try to make sure that everything, from plates to stoves, is fully covered. In case of personal injuries, make sure to have a good general liability policy.Franchising
If you are thinking of opening a restaurant that is a part of a franchise you will be subject to a franchise contract which will likely give the franchisor rights to:- Choose where other competing restaurants will be located
- Choose the geographic location for dispute resolution
- Block sale of your franchise to any prospective buyers
- Require you to purchase all services and goods and from the franchisor.
Employees
There are some particular employment laws that are specifically relevant to restaurants, such as minimum wages for tipped employees or rules regarding different exams and training related to food preparation and handling. Various testing and training rules can be found in in Chapter 3 of the California Retail Food Code. - Read More
The Writ of Execution
The party of whose favor judgment is given may have a written or order issued for the execution or enforcement of the judgment at any time within 10 years of its entry. If, after the judgment has been entered, the issuance of such a writ or order is retained or ordered by any judgment or court order or by the operation of law, the time during which it is so retained or ordered shall be excluded from the calculation of the 10 years within which execution or order may be issued.
While the length of time the judgment obtained will continue to issue a letter of execution is ten years, according to Section 685 of the Code of Civil Procedure. Provide that a motion supported by affidavits of good cause may extend the time limit for issuance.
Under the terms of the law, failure to supply the affidavits is defined as sufficient grounds to refuse the relief sought.
The proof needed in the affidavits was considered sufficient where the affidavit stated that a search of county records found no property in the debtor's name. But that was the cause of the failure of the creditor to proceed under Section 681 of the Code of Civil Procedure.
Likewise, where an alimony judgment creditor alleged that her failure to use Section 681 of the Code of Civil Procedure was due to her being out of the state and lacking resources to pursue the assets of the defendant, it was deemed sufficient according to this section for relief.
The Procedure Under the Writ
An undertaking has not been needed as a condition precedent to levy under the execution letter, with the exception of levies directed at bank accounts not standing alone in the name of the judgment debtor. The writing, however, is not self-execution when it is published.
The sheriff or other officer to the one who must be addressed will not differ from the instructions signed by the judgment creditor or his lawyer describing the property to be levied on. It has generally been held that the sheriff is becoming, by virtue of his instructions, at least as to the manner of execution, an agent for the judgment creditor.
The Life of the Writ
The life/ period of the writ no longer extends 60 days.
It must be returned to the court in which judgment is entered in no less than ten days, nor more than sixty days after receipt by the officer to whom it is addressed. The return shall have no bearing on the sale of the property imposed under that writ before the day of return. Any fee on that writing after that date, however, amounts to an infringement or conversion.
The Judgment Liens
In order to recognize the debt, the judgment creditor need not rely solely on execution. A certified summary of any California judgment or that of any federal court may be registered with the county recorder in compliance with Section 674 of the Code of Civil Procedure.
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Wrongful Death
What Is Considered a "Wrongful Death"?
In California, a "wrongful death claim" occurs when one person dies as a result of another person or entity's wrongful act or negligence. A wrongful death statement is a civil lawsuit. It is brought directly to court by the survivors of the deceased, or by the personal representative of the estate of the deceased, and fault is expressed solely in terms of money damages that the court orders the defendant to pay to the survivors of the deceased (if the lawsuit is successful). A "wrongful death" Law in California allows families to claim damage when a loved one died as a result of the negligence of someone. The rule was set out in Code of Civil Procedure Section 377.60 of California. A wrongful death is equivalent to a cause of action under California law for "loss of consortium". Consortium loss occurs to cases where a spouse or licensed domestic partner is robbed of a living partner's companionship and confidentiality due to the misconduct of someone. Under Section 377.30 of Code of Civil Procedure of California, a wrongful death lawsuit is often paired with a California "survival" cause of action. In behalf of the victim's property, preservation grounds of conduct are brought to compensate for the losses suffered by the victim (as opposed to the family) from the wrongdoing.Who in California Can Sue for Wrongful Death?
Section 377.60 of Code of Civil Procedure of California requires the following family members (or their representatives) to bring a case against the deceased:- Spouses or parents,
- marital partners,
- children,
- grandchildren (if the deceased's children are also deceased),
- other minor children (such as stepchildren) dependent on the deceased for at least 50 percent of their financial support, and/ or
- Anyone else who would have the right to the property of the deceased under the intestate succession laws of California.
What Kind of Damages Are Available in Case of Wrongful Death?
In a wrongful death claim in California, a number of different varieties of personal injury damages are available. The particular amounts involved will depend on an individual case's facts. Compensation is usually split according to whether it compensates the property for death-related losses or the surviving family members for the death-related personal losses they have incurred. Losses typically attributed to the property include:- health and medical expenses for the last illness or injury of the deceased,
- loss of income, including potential income, would have been reasonably expected for the deceased to gain in the future if he or she lived,
- burial and funeral expenses.
- the cost of household services loss from expected financial support, and/ or
- loss of love, culture, care, affection, moral support, and guidance.
How Long Is the Limitation Statute for a Statement of Wrongful Death in California?
The limits statute for both wrongful death and recovery proceedings in California is two years. In an unjust death case, on the date of death, the two years "accrues" (starts running). The family has two years to sue for recovery acts from the later: the date of an accident, or six months after death.California Wrongful Death Law Video
/wp-content/uploads/2019/12/output_HD7205-2.mp4 Do you feel like your friend or family member has passed away due to a wrongful death? Please feel free to get in touch with our attorneys at KAASS Law to discuss your situation with us so we can see if there is anything we can do for you. - Read More
Guide for Using Judicial Council of California Civil Jury Instructions
Jurors' ease of understanding, without sacrificing accuracy, is the primary objective of these instructions from the Judicial Council. A secondary objective is to facilitate the use of lawyers.
Jury Instructions as a Statement of the Law
While the instructions of the jury are not a primary source of the law, they are a statement of the law, a secondary source. The fact that the instructions are in plain English does not alter their status as an accurate legal statement.
How to Use the Instructions?
- The Revision Dates Instructions: The original approval date and all revision dates are presented for each instruction. An instruction is considered to have been revised if the title, instruction text or instructions for use are changed in a non-technical manner.
No new revision date is generated by additions or changes to the Sources and Authority and Secondary Sources.
- The Directions for Use: The instructions include directions on how to use them. The directions alert the user of the instruction to special circumstances and may include references to other instructions that should or should not be used. In some situations, the guidelines contain suggestions for changes or supplementary instructions that could be required. Reference should be made to the directions for use before using any instructions.
- Authority and Sources: Each instruction identifies the primary sources presenting the basic legal principles supporting the instruction. Applicable statutes are listed together with the quoted material from cases relating to the subject of the instruction. Authorities are included to support the instruction text, the burden of proof, and legal and factual matters.
Sources and Authority cases should always be treated as a digest of relevant citations. We are not intended to provide a complete analysis of the instruction's legal subject. The use of an abstract does not necessarily mean that the committee finds it a legal authority. Actually, they provide a starting point for further legal investigation into the subject.
- Common Case Instructions: These instructions have been drafted for the general case form and can in many cases be used as drafted. Consumers will have to tailor the instructions to the particular case if special or complicated circumstances prevail.
- The Multiple Parties: When jurors interpret instructions that refer to parties by name rather than legal terms such as "plaintiff" and "defendant" more readily, the instructions provide for names to be added. The guidelines use single-party claimants and plaintiffs as models of ease of presentation. If a case involves multiple parties or cross-complaints, usually in the directions the client will need to switch the parties.
- The Uncontested Elements: While certain elements might be the subject of a stipulation that the component has been proved, the instruction should set out all the elements and show those which are considered to have been proven by the parties' stipulation.
The omission of uncontested elements could leave the jury with an incomplete understanding of the cause of the action and the full burden of proof of the plaintiff. It is best to include all the elements and then say that the parties have agreed to determine one or more of them and that the jury does not have to decide.
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Loss of Consortium Claims
Loss of consortium is the loss of moral support, companionship, or intimacy following an injury to a person's spouse or registered domestic partner.Who Can Bring a Loss of Consortium Claim?
In California, a claim of loss of consortium can be brought by the spouse or child of a person who was injured by the negligent conduct of a third party. The cause of action arises when a third party negligently or intentionally injures the plaintiff's spouse such that the plaintiff no longer enjoys the injured spouse's conjugal companionship, society, and sexual relations (Rodriguez v. Bethlehem Steel Corp. (1974) 12 Cal.3d 382, 408.)What Needs to Be Proved in a Loss of Consortium Claim?
A spouse of an injured person must be able to establish the following elements to prove a loss of consortium lawsuit:- Plaintiff's spouse or partner was injured by another person's negligent or illegal conduct
- The injured person and the plaintiff were lawfully married or had a valid registered domestic partnership at the time of the injury took place.
- Plaintiff suffered the loss of his spouse's or partner's consortium.
- The loss was a result of the defendant's illegal act.
An Injury to the Plaintiff's Spouse
The plaintiff must prove that the defendant committed a wrongful act against his spouse or domestic partner. Such acts can include:- Negligence
- Gross negligence
- Intentional tort
- Recklessness
- Strict liability under products liability laws or dog bite laws
How is Loss of Consortium Valued?
Generally, the judge or a jury will determine how much value to give a plaintiff for a claim for loss of consortium. Factors considered in loss of consortium claims include loss of:- enjoyment of the marriage
- moral support
- ability to have children
- reduction of enjoyment in marital relations
- financial support
- emotional comfort and support
What Damages Can Be Recovered From Loss of Consortium?
Loss of consortium falls under the category of non-economic damages, this means that the loss is intangible, and can't be proven through documentation. Because of the nature of the injury, spouses in loss of consortium cases will be asked about their marriages before the injury. While determining the amount of compensation the courts can consider the stability of the marriage, each spouse's life expectancy, and the degree to which the benefits of the marriage were lost.CACI 3920 Non-Economic Damages
According to CACI 3920, the spouse of the injured person can recover damages to reasonably compensate for the past and future loss of the injured person's companionship and services.What Damages are Not Recoverable in Loss of Consortium Claims?
Damages that are not recoverable in loss of consortium claims include:- A recovery for financial assistance that the uninjured spouse has provided.
- Compensation for services the uninjured spouse has rendered, such as nursing the injured spouse.
- Compensation for the loss of earnings for the uninjured spouse who has taken time off work to care for the injured spouse.
Other Factors to Consider in Loss of Consortium Claims
A loss of consortium recovery will be correspondingly reduced in case the injured spouse was contributorily negligent. This means that in case the injured spouse's negligence was partially caused the injury, then the other spouse's compensation for loss of consortium will be reduced correspondingly.Personal Injury Attorney
If you believe you may have a loss of consortium claim we invite you to contact our personal injury attorneys today at {meta.phoneFormatted} for a consultation.Loss of Consortium Video
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Opinion: Coronavirus COVID-19 Safety and Prevention Methods
What Are Some CoronaVirus COVID-19 Safety and Prevention Methods?
Here are some CoronaVirus safety and prevention methods that can be used by you and your loved ones. Now, we do not want to use the term social distancing because, for god's sake, we need people to be as social as much as possible in this time; however, without the physical association. In this day in age of social media and all sorts of applications like Facebook, Twitter, Instagram, LinkedIn, and even TikTok there are many opportunities to be social without being physically exposed. At a time of such a pandemic it may be beneficial to search for government services on Formalu, that may be of help as well. Many are using their physical isolation on the stock market rampaging through, with the help of RobinHood, TDAmeritrade, or MarketRebellion.1. Physical Distancing at Home as Much As Possible
There are various reasons why physical distancing or self isolation can be a highly beneficial safety and prevention method for the CoronaVirus. For layman terms, you cannot catch what you cannot touch, thus distance is by far the best prevention. Think of it as a greater degree of physical abstinence than we have learned. Right now its not AIDS but COVID-19, which is said to be an airborne virus–scary term coupled with the realization that it is what we are currently going through. Yup, just like the movies, although now it's not the movies, but sure feels like it, until we see the chips falling in cough around us. From the smoke it feels like the health system in the most strained link in this story. With the Federal Reserve on steroids and the Government following suit will this be enough. Perhaps one for the The World Almanac. For those who are not infected with the virus, self isolation is beneficial because it will help prevent you from coming in contact with the virus. If you are already infected with the CoronaVirus, self isolation may be even more of beneficial safety and prevention method because it will prevent you from spreading the virus to others. But of course, contact your health providers asap if you are feeling any of its known symptoms–ask your doctor about those. Health care is getting innovative. For example, Harmony Health in Glendale, CA has been providing drive through CoronaVirus tests. Many specialist are continuing to perform vital non CoronaVirus related medical conditions throughout this Pandemic. Thus, at this time of high danger of exposure and infection, physical isolation is one of the biggest things we can do as a community to help.2. Keeping Hands Clean Throughout the Day
Keeping your hands as clean as possible throughout the day can be a major factor of Coronavirus safety and prevention. There are various ways of keeping your hands clean throughout the day. One great way is to wash your hands with soap and scrub them thoroughly as many times as possible throughout the day. Another great way of keeping your hands clean is by disinfecting them with hand sanitizer as many times as possible throughout the day.3. Not Shaking Hands During Greetings
One safety measure you should pursue is to not shake hands during greetings. Instead, you can greet people in ways that do not involve physical touch, such as a wave, nod, or a bow. This will help you from additional potential exposure to the virus and it will also help those around you in case you have already been exposed.4. Wearing a minimum N95 Approved Respirator Mask When Outside of Your Home or Around Others (Not Surgical Mask)
Wearing a respirator mask with a regulated filtration capability such as "N95" can be a major factor of preventing yourself being infected by the Coronavirus when being outside of your home or around other people. Medical professionals suggest not to mistake the average surgical mask for an N95 approved respirator because there is definitely a difference. A properly fitting N95 approved respirator can prevent you from breathing in any airborne germs from the breath of those around you, while a surgical mask will not. Although a surgical mask does not provide the same benefits as an N95 respirator, it can still have its own benefits. A surgical mask can help prevent those who are already infected with the Coronavirus from spreading it. This is due to the fact that surgical masks are actually meant for preventing germs of doctors or medical professionals from going on to patients, not the other way around. Therefore, a surgical mask will not necessarily protect the wearer, but it will protect the people around the wearer from being exposed to the wearers gems. If you have already been infected by the Coronavirus, wearing a surgical mask will still be a great choice for you to wear instead of not wearing a mask at all, because it will help prevent you from spreading the virus to those around you. If you have not already been infected with the Coronavirus and would like to prevent being infected, medical professionals have highly suggested to make sure to wear an N95 approved respirator that fits air tight on your face and to not a regular surgical mask, in order to prevent being infected through the air by those around you.5. Wear Disposable Gloves When You're Shopping or Outside of Your Home
By wearing gloves, you can prevent yourself from coming into direct contact with anything that may have been exposed to the Coronavirus. Always remember that you may still be able to contaminate yourself even if you are wearing gloves. During this time, it would be wise not to touch your face, hair, skin, eyes, nose, and even clothes, in order to prevent any germs that were potentially exposed to your gloves from spreading. This step is not meant to be used as a substitute for keeping hands clean by washing and/or using hand santizer. Even if you use gloves, it is suggested by medical professionals to still wash your hands and/or use hand sanitizer throughout the day as well.Have You or Your Business Been Negatively Impacted by the Coronavirus?
KAASS Law is providing many different types of legal assistance for individuals and businesses who have been negatively impacted by the virus. Get more information on our Coronavirus legal help page now! - Read More
Fair Debt Buying Practices Act (FDBPA)
What is the Fair Debt Buying Practices Act (FDBPA)?
The California Fair Debt Buying Practices Act ("FDBPA") came into force on 1 January 2014. The act, which seeks to provide more protection for borrowers whose debt has been sold to a debt buyer, applies only to those debt buyers. It is not available to creditors, collection agencies or payment attorneys.What is a Debt Buyer?
Whenever a person stops making payments on a credit account, a creditor can "bill" the account and sell it for less than what the debtor owes to a "debt buyer." So what exactly is a buyer of the debt and how are? Under the FDBPA, a "debt buyer" is defined as "a person or entity regularly engaged in the purchase of charged consumer debt for collection purposes, if it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation"(See section1788.50(a)(1) of the Civil Code of California). The term "charged-off consumer debt" implies "a consumer debt removed as an asset from the books of a creditor and treated as a loss or expense." (Section 1788.50(a)(2)).What Is the Information That a Debt Buyer Should "Posses" to Write to a Consumer?
When the debt buyer decides to write to a consumer, the debt buyer must at the time of writing "possess" such information and can not take collection action against you unless it has the following account details:- The account balance when the creditor paid the debt
- the sum of interest and fees applied after the charge-off
- the date of the last payment you received or the default date
- the name of the charge-off creditor
- the account number of the charge-off debt
- the name and address of the debtor in file with the charge-off creditor
- the names of each person that has ever bought the debt.
What Are the Changes to the Debt Collection Law?
Two senate bills from California will impact the consumer debt collection process providing relief to debtors in judgment. SB-501 (2015-2016) amends CCP § 706.050 and changes the formula for calculating the percentage of disposable income subject to a wage garnishment. As a result, this gives a slight amount of relief to low income judgment debtors. SB-641 (2015-2016) amends the Fair Debt Buying Practices Act (FDBPA) covering consumer debts sold or resold after January 1, 2014 and adds a new provision, Provision 1788.61 of the Civil Code. A judgment debtor may, by current law, file a notice of motion and motion to set aside a default or default judgment and for leave to contest a debt-related action up to 2 years after a default judgment has been entered. The provision would make a judgment debtor of a consumer debt sold or re-sold up to 6 years after that date, or 180 days after the actual notice of the case. victims of identity theft are given a special provision. The judgment debtor who files the motion should also include "an affidavit stating under oath that the person's lack of actual notice in time to defend the action is not caused by his or her avoidance of service or inexcusable neglect." Moreover, either party may submit evidence in support of his or her motion or opposition, including evidence relating to the proceedings, and the court may consider such evidence. Do you have any questions related to your specific situation? Get in touch with our attorneys at KAASS Law for more information now! - Read More
Fair Credit Reporting Act (FCRA)
What Is the Fair Credit Reporting Act (FCRA)?
The Fair Credit Reporting Act (FCRA) is a federal law governing credit reporting agencies and requiring them to ensure that the information they receive and publish is a fair and accurate description of the credit history of a customer. The FCRA is primarily concerned with the way credit reporting agencies use the credit history details that they provide. The legislation aims to protect consumers from disinformation that is being used against them. It provides very specific guidelines on the methods used by credit reporting agencies to obtain and verify the information and describes reasons for the release of information. The legislation also extends to banks, credit unions and companies providing medical records and records of writing or rental background checks, as well as any entities using credit reporting information for recruiting purposes. The FCRA has often come up in media coverage when advocacy groups challenge the integrity of collecting information credit reporting agencies and the right of customers to contest the information and delete it from their credit report.Summary of Your Rights Under the Fair Credit Reporting Act
- You need to be informed whether information was used against you.
- You are entitled to know what's on your file.
- An individual has taken negative action against you due to details in your credit report;
- You are the victim of identity theft and warn yourself to fraud;
- Your file contains inaccurate information as a result of fraud; or
- You are on public assistance; or you are unemployed but plan to apply for a job within 60 days.
- You are allowed to request a credit score.
- You are entitled to challenge knowledge which is incomplete or inaccurate.
- Limited access to your computer.
- Consumer reporting agencies must correct or delete information which is inaccurate, incomplete or unverifiable.
- Customer reporting agencies may not disclose the negative information obsolete.
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Skateboard Product Liability
Skateboard Product Liability in California
This post contains some basic information about skateboard product liability in California and the laws involved with riding skateboards. Skateboard laws are generally regulated locally and can change at any time so please make sure to consult with a professional near you for the most recent updates. Many US states enacted legislation that limits the liability of government entities and their employees for skateboard injuries. Recently, skateboarding in California was classified as a "hazardous recreational activity," and as a result, it is more difficult to win lawsuits against the government for injuries suffered on public property.California Laws and Regulations on Riding Skateboards
In California, local authorities are permitted to adopt their own skateboarding laws. According to California Vehicle Code Section, 21212 skateboarders under the age of 18 must wear federally approved helmets. Riders 18 years old and older are allowed to ride without wearing helmets, though this can result in comparative fault for injuries in a personal injury case. In most cities, it is legal for skateboarders to ride on the bikeways, streets, and public bicycle paths as long as they avoid business districts and ride non-motorized skateboards.Electric Skateboard Laws in California
There are the following rules to operate an electric skateboard in California:- A person must be at least 16 years old
- A person must wear a helmet
- A person must use a red rear reflector, white headlight, reflectors on each side of the board to ride at night
- A person can only ride on sidewalks, roads, and paths where the speed limit is 35 miles per hour or less
- A person can't surpass 15 miles per hour on roads, public bicycle paths, sidewalks, or bikeways
Types of Skateboard Product Liability Claims
There are three basic types of skateboard product liability claims:- Design defects
- Manufacturing defects
- Advertising defects and failure to warn of a risk
Skateboard Design Defect
Design defect creates a predictable risk of harm which could have been reduced or avoided by another reasonable design. In California law, a product is considered defectively designed if it fails the "consumer expectation test." This means that the product must be as safe as a consumer would expect it to be when using it reasonably. A product can also be considered defectively designed in case it caused harm and the defendant is unable to prove that the usefulness of the product's design outweighed the risk.Manufacturing Design Defect
Manufacturing defect takes place when a product departs from its intended design, even though all possible care could have been taken in the product's manufacture and promotion.Skateboard Failure to Warn Defect
Failure to warn defect is when a foreseeable risk of injury caused by a product could have been reduced or avoided by proper instructions or warnings. In California, a person injured by a defective product has a right to sue anyone in the chain of production and supply, from the manufacturer through the retailer. A wholesaler or distributor can also be at risk regardless of his actual responsibility for the product's defect. Thus, skateboard retailers and manufacturers can all be responsible for defective skateboards.Products Liability Lawyer
Would you like to file a product liability lawsuit in California? Our product liability lawyers at KAASS Law can look into your situation, and provide you with a consultation. Get in touch with us now at {meta.phoneFormatted}.