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California Slip and Fall Accidents
Accidents happen all the time, though some people are definitely more prone to them than others. However, sometimes an accident can be completely out of your control and can even be the fault of others. There is a term that broadly captures all of these types of incidents in the legal world, namely "slip and fall."
Premises Liability Accidents
A slip and fall accident falls under California premises liability laws. For an injured party to recover damages, the accident must have resulted from someone's negligence. Hence, not all falls will necessarily lead to a slip and fall liability, but in a surprisingly large number of cases, they certainly can.
Responsible and Negligent Party
More specifically, someone is negligent and responsible for a slip and fall case in California if they:
- Knew, or through the execution of reasonable care and caution should have known,
- About a hazardous condition on the property they own or control, and
- They failed to repair, protect against, or provide enough warning of the condition.
Common Causes of Slip and Fall Accidents
As you may imagine, many factors can come into play in slip and fall cases. The most important factors tend to be those that we can link to what may have caused the slip and fall to recover damages. Some examples of these factors and causes are:
- Leaks
- Spills
- Uneven flooring
- Loose carpeting
- Uncovered or exposed cables and cords
- Broken furniture
- Failure to close off construction sites, and
- Failure to put up warning signs about known hazards in the area.
Who is Liable for Slip and Fall Accidents?
According to California law, people owe a duty of care to protect those who enter their property from harm. Duty of care applies to anyone who owns, leases, occupy or controls the property. However, it does not just apply to individuals; parent companies or insurers may also be liable to pay damages to people injured in slip and fall accidents in California.
Let's explore a possible slip and fall scenario: Stephanie is out with her friends at a club, and she slips on someone's spilled drink, injuring her head. This is a situation where there may be several possible liable parties, such as the promoter, the club owner, the parent company, the party's insurers, and maybe even the club's or promoter's staff. As such, we can take many possible avenues in determining who is liable for a slip and fall injury, depending on the context of the situation.
Proving Fault in Premises Liability Cases
You need to know the four things that have to be established to prove that negligence led to your injuries in the slip and fall case. These four things are important to establish if you wish to recover damages:
- The defendant owned, leased, occupied, or otherwise controlled the property;
- The defendant was negligent in their use and maintenance of the property;
- You were harmed by slipping and falling on the property; and
- The defendant's negligence was a major factor in causing the harm you suffered.
Once these four get established, we are well on our way to recovering damages for your slip and fall case. You are entitled to recover all compensatory damages that resulted from their negligence. Compensatory damages include:
- Medical Bills
- Lost Wages
- Lost Earnings Capacity
- Pain and Suffered
- Potential Punitive Damages
We can recover punitive damages for a slip and fall case if the defendant's recklessness led to severe injuries or death or if the defendant deliberately destroyed evidence of their liability.
Statute of Limitation in Slip and Fall Accident Lawsuits
Although an injured party may be eligible to recover damages, there is a statute of limitation ("SOL") to bring a slip and fall lawsuit. In California, the statute of limitations for slip and fall cases is two years from the accident date.
Many injured wonder what they must do to prepare for a slip and fall claim? The key is to show that the fall was the result of negligence. To prove that a third party was negligent, an injured party must collect evidence. Such evidence can include:
- Video footage of the fall
- Witness testimony and statements
- Doctor's treatment notes and assessments
- Testimony from accident reconstruction experts
Los Angeles Premises Liability Attorney
If you or a loved one has sustained injuries resulting from a slip and fall, we invite you to contact us at {meta.phoneFormatted} to speak to our California personal injury attorney today. We stand with our clients and ensure that all of the necessary evidence is collected and properly presented to ensure maximum compensation. Give us a call today to see how we can help.
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Driving in Possession of Marijuana
Is It a Violation of the Law to Drive in Possession of Marijuana?
Per California Vehicle Code 23222 VC it is a crime for a driver to operate their vehicle while in possession of an open container of marijuana. However, a qualified patient with a valid prescription would not be in violation of Vehicle Code 23222 VC.What are the Punishment for Vehicle Code 23222 VC?
A Vehicle Code 23222 VC offense is charged as an infraction. The punishment for Vehicle Code 23222 VC include:- fine of not more than $100
Is It a Violation to Drive with a Closed Container of Marijuana?
No, California law actually allows a driver of a vehicle to transport a closed or otherwise sealed container of marijuana.Where Does This Restriction Apply?
The unlawful operation of a car while in possession of an open container of marijuana only applies to public roads, such as streets and highways. Therefore, possessing an open container on private roads such as a driveway does not count for purposes of Vehicle Code 23222 VC.Can A Police Officer Search Inside Your Car?
A police officer can only search an individual's car if:- The police officer has a valid search warrant that has been signed off by a presiding judge; or
- The police officer is authorized to do so because a valid search warrant exception applies.
What Happens if the Police Officer Does an Unlawful Search Inside the Car?
Should a police officer do an unlawful search and then find marijuana inside the car, that marijuana, which is deemed to be evidence, can be excluded for purposes of the case. Additionally, the case may also be dropped as a result of an unlawful search.Related Marijuana Crimes
Los Angeles Criminal Defense Attorney
If you or someone you know has been charged with Vehicle Code 23222 VC or any other related drug crimes, we invite you to contact our Los Angeles criminal defense attorneys at {meta.phoneFormatted}. - Read More
Possession of Burglary Tools Penal Code 466
According to California Penal Code Section 466, it is prohibited to possess certain tools that experience by law enforcement has shown to be instruments frequently used by thieves for breaking into a home, car, or another structure. It is not unlawful to possess these tools as long as there is no evidence to show criminal intent.California Penal Code Section 466
Penal Code 466 lists over 15 kinds of tools that are frequently used to break into any railroad car, building, trailer coach, aircraft, vessel, or vehicle.- Screwdriver
- Slim Jim
- Tubular lock pick
- Bump key
- Picklock
- Master key
- Tension bar
- Floor safe door puller
- Ceramic or porcelain spark plug chips
- Crowbar
- Crow
- Vise grip pliers
- Lock pick gun
- Key bit
- Slide hammer
What Elements must be Established to Convict the Defendant?
The prosecutor must establish the following elements to convict the defendant of possession of burglary tools:- The defendant had in his possession tools prohibited in California PC Section 466; and
- The defendant intended for the tools to be used in the commission of a criminal offense
The intent of Using Tools in the Commission of a Criminal Offense
For being charged with possession of burglary tools there must be evidence showing that the defendant not only possessed them, but he also had criminal intent to use them to carry out a burglary. When considering all factors, everything that has been gathered gets taken into account, including physical evidence, witness testimony, and what happened when the defendant was arrested. The intent may be established in case all steps were taken to possibly complete the crime. Intent can be established through what the defendant was wearing at that time, what type of structure he was in when arrested, the hour of the day, types of tools he possessed, and statements he made before the crime.Legal Defenses to California PC Section 466 Charges
- Defendant didn't have criminal intent
- The defendant did not know the tools he possessed were used in a burglary
- Illegal search and seizure
Penalties for Violating California Penal Code Section 466
In California possession of burglary tools is a misdemeanor offense with the following penalties:- Up to six months in a county jail
- Summary probation for up to three years
- A fine up to $1,000.
Contact an Experienced Los Angeles Criminal Defense Attorney
If you or a loved one has been charged with possession of burglary tools, you should immediately contact an experienced criminal defense attorney today at {meta.phoneFormatted} for a consultation and case review. - Read More
Drug Rehabilitation Licensing
Who Has the Authority to Provide Licenses to Facilities?
The Department of Health Care Services (DHCS) has the authority to license facilities that plan to provide adults with nonmedical services.What Nonmedical Services Need Licensing?
A license is required for providing nonmedical services such as the following:- Detoxification
- Individual sessions
- Group sessions
- Educational sessions
- Alcoholism abuse
- Drug abuse
- Alcoholism recovery or treatment planning
- Drug recovery or treatment planning
What Does Alcoholism or Drug Abuse Recovery or Treatment Mean?
Alcoholism or drug abuse recovery or treatment means, for the purposes of needing a license, means services that are designed to promote treatment and maintain recovery from substance use disorder problems, which includes the list stated above.What is Law Governs the Requirement for Licensing?
The California Code of Regulations (CCR), Title 9, Division 4, Chapter 5, section 10505 is the law that governs the requirement for licensing. Namely, it states that no person, firm, partnership, association, corporation, or local government entity shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility without obtaining a current, valid license pursuant to the chapter.Are There Any Additional Requirements You Should Know of?
Yes, there are other requirements for those seeking to obtain a license. Those additional requirements include the following:- All licensed adult alcoholism or drug recovery or treatment facilities will be required to get at least one DHCS Level of Care Designation; and/or
- At least one residential American Society or Addiction Medicine Level of Care Certification that is consistent with all its program services; and/or
- Maintain an applicable standard of care for that designation as a condition of its licensure.
What Code Governs the Requirement Listed Above?
The California Code, Health and Safety Code section 11834.015 governs the requirements listed above. This code also states that, "the department may implement, interpret, or make specific this section by means of plan or provider bulletins or similar instructions until regulations are adopted."Are There Fees Associated with License?
Yes, there are fees associated with licensing. To get the current fee structure, visit https://www.dhcs.ca.gov/formsandpubs/Documents/MHSUDS_Information_Notice_14-022.pdfHow Long Does the Application Process Take?
The application process normally takes about 120 days to complete. The first day is counted as the day that the application packet was in fact completed.Where Can You Get Further Information on Obtaining a License?
Those that are seeking further information on obtaining a license should read the instructions as well as the procedures that can be found here: https://www.dhcs.ca.gov/provgovpart/Documents/DHCS_6002_Initial_Provider_Application_6.29.16.1.pdfWhere Can You Get Further Information Regarding DHCS Level of Care Designation?
For more information regarding DHCS Level of Care Designation, visit: https://www.dhcs.ca.gov/provgovpart/Pages/level-of-care-designation.aspx - Read More
The American Rescue Plan Act of 2021
What is the American Rescue Plan Act of 2021?
The American Rescue Plan Act of 2021 provides financial relief to small businesses that have been impacted by COVID-19. The Act provides funding in some of the following ways:- $7.25 billion for Paycheck Protection Programs;
- $15 billion for Targeted Economic Injury Disaster Loan Advance payments;
- $100 million to establish a Community Navigator pilot program.
What Does the American Rescue Plan Act of 2021 Authorize?
The American Rescue Plan Act of 2021 authorizes Small Business Administration (SBA) to establish the Community Navigator Pilot Program (CNPP).What is the Small Business Administration Committed to Ensuring?
SBA is committed to ensuring that small businesses get support from federal relief programs. Such programs can provide economic relief to small businesses that have been affected by COVID-19. The focus of this program is to reach and support underserved small businesses, which includes but are not limited to, micro and rural businesses, businesses owned by women, veterans, and other socially and economically disadvantaged individuals.What Does the Community Navigator Pilot Program Do?
The CNPP strengthens outreach to underserved businesses. CNPP does this by providing assistance to small businesses as well as entrepreneurs.Who Qualifies for the Grant Via CNPP?
The following is a list of eligible applicants who may apply to receive the grant:- City or township governments
- Native American tribal governments
- State governments
- Native American tribal organizations
- County governments
- Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education
How to Prepare to Apply?
Those who are eligible may prepare to apply by providing the following:- Cover letter
- Technical proposal
- Budget information
- Certification, forms, and assurances
- Attachments and exhibits
What You Should Know Before Registered with SAM?
Before registering with SAM, use the SAM Status Tracker to check on your organization's registration status. If your organization is already registered, take note of who is listed as the E-Business Point of Contact (EBiz POC).What is SAM?
SAM is a web-based, government-wide application that collects, validates, stores, and publicizes business information about the federal government's trading partners in support of the contract awards, grants, and electronic payment processes.How Do You Register with SAM?
As per Grants.gov, SAM requires a notarized letter stating you are the authorized entity administrator before SAM will activate your entity registration in SAM.gov. When your organization registers with SAM, you must designate an EBiz POC. Keep in mind it is the EBiz POC within your organization who must register your organization with SAM. Additionally, EBiz POC is also responsible for approving your Grant.gov roles request.How Long Does It Take to Register with SAM?
It takes up to two weeks to register with SAM after first completing the online registration and sending the notarized letter confirming the entity administrator. Additionally, it takes one business day for the updates to reflect on Grants.gov. Keep in mind that your organization must first have an EIN. Should your organization not have an EIN, it will take an additional 5 weeks to request and get an EIN from the IRS. - Read More
Assembly Bill 3234: Misdemeanor Diversion
What is Assembly Bill 3234?
Assembly bill 3234 is a bill that was approved by the governor of California on September 30, 2020, which allows a judge to offer diversion on a criminal misdemeanor charge. This is similar to the existing law that expired in 2018. However, this new law allows a judge to consider diversion on misdemeanors charges not eligible under the prior law.
When does Assembly Bill 3234 Become Effective?
Assembly Bill 3234 took effect on January 1, 2021.
What Kind of Diversions Exist on Criminal Matters?
Both informal and formal diversions exist on criminal matters.
What is a Formal Diversion?
In a criminal case, formal diversion occurs when the court provides the defendant the opportunity to complete terms of their probation. Should the defendant successfully complete the terms of the probation, the defendant's charges are dismissed. However, the defendant may have to plead guilty to the crime they have been accused of.
What is an Informal Diversion?
Alternatively, an informal diversion continues a criminal case for the probationary period without entering any plea. A defendant will be required to fulfill obligations within their probationary period. Should the defendant fulfill their obligations, the case will be dismissed.
What does Assembly Bill 3234 Allow?
Assembly bill 3234 allows a judge to do the following, even if objected to by the prosecuting agency:
- Offer diversion to the defendant, should their case qualify for a diversion;
- Allow the case to continue for up to 24 months, should the defendant wish to accept the diversion
What Misdemeanor Charges Qualify for Diversion Under Assembly Bill 3234?
The following types of misdemeanor charges qualify under Assembly Bill 3234:
- Nonviolent drug violations;
- Traffic violations
What is Considered a Violent Offense?
Violent offenses include charges such as those for child abuse, domestic violence, domestic abuse, felony assault, assault with a deadly weapon, murder, and arson. Thus, these charges are considered serious and cannot qualify for diversion under the terms of the bill.
What Misdemeanor Charges Do Not Qualify for Diversion Under Assembly Bill 3234?
The following misdemeanor charges do not qualify for diversion under Assembly Bill 3234;
- Offenses that requires sex registration as per PC 290;
- Domestic violence as per PC 273.5(a);
- Sexual battery as per PC 243.4(e)(1);
- Stalking laws as per PC 646.9
What Other Changes Are Associated with Assembly Bill 3234?
Another change associated with the passing of Assembly Bill 3234 is that now individuals are eligible for the Elderly Parole Program at the age of 50 rather than 60 years old. This would apply after a minimum of 20 years of continuous incarceration rather than 25 years of continuous incarceration.
Los Angeles Criminal Defense Attorney
If you or someone you know has been charged with a misdemeanor that may qualify for a diversion, contact our Los Angeles criminal defense attorneys at {meta.phoneFormatted} for a consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
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Medical Treatment After a Auto Collision
An automobile collision may be one of the most distressing events that one can go through. Whether the event is minor or major, it is critical to get medical attention for an injury. This is especially important if the accident victim intends to file a personal injury claim. Getting medical help after a car accident is one of the most important components. It helps document the injuries, and preserve your rights and remedies. As the injured victim, consider several key criteria while seeking medical help. Let's discuss some important factors you should be aware of in order to protect your rights.When Should I Seek Medical Attention?
Depending on the case, you may or may not require emergency medical assistance. If the accident results in apparent catastrophic injuries, the person will almost certainly be taken to a local hospital. In some circumstances, if an injury is not immediately visible, the victim must seek medical assistance on their own. If you do not require emergency medical assistance for whatever reason, you should be aware that injuries may not be distinctive immediately. A variety of factors can contribute to a lack of sensitivity to an injury. For example, due to the initial adrenaline rush, a person may fail to notice whiplash after an accident. There are also a variety of physical symptoms that can take days to surface. Thus, it is critical to get medical help as quickly as possible following an automobile accident.Maintaining Treatment After an Auto Accident
Determining that a medical issue has occurred as a result of an auto accident is not the only factor to consider. After the initial doctor's appointment, it's imperative that accident victims retain and follow up with their medical care. Delaying medical treatment can have a negligible effect on a personal injury claim. Not following up can also result in a negative impact on a financial compensation claim. Consequences may arise if someone fails to attend physical therapy sessions. For example, the court determines that the accident victim's lack of care has caused the illness to worsen.Skilled Glendale Personal Injury Lawyer
A person involved in an automobile accident may sustain injuries ranging from small cuts and abrasions to serious injuries. Normally, accident victims will be burdened with significant medical bills and, in many circumstances, the inability to work. If you or someone you know has just been in a car accident, we invite you to contact our Glendale personal injury attorney at {meta.phoneFormatted} for a consultation. - Read More
Miranda Rights at the Time of Arrest
What are Miranda Rights?
Miranda warnings are an individual's constitutional right that protects them against being forced to incriminate themselves. This law is derived from Miranda v. Arizona. The court ruled that the 5th Amendment privilege against self-incrimination is intended to protect individuals from being forced to incriminate themselves.What is a Miranda Warning?
Miranda warnings are the notification given by a police officer to a defendant once they are:- in custody and/or
- interrogated by a police officer(s)
When Will You Know Miranda Warnings Have Been Provided?
An individual will know they have been provided their Miranda warning when a police officer states the following: "you have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read you? With these rights in mind, do you wish to speak to me?" This is also referred to as being "Mirandized."When Should You Receive Miranda Warning?
An individual will be Mirandized when the following two things occur:- when the individual is under police custody; and
- the individual is being interrogated. Keep in mind that this does not mean that police officers
Should You Waive Your Miranda Rights?
Deciding to wave Miranda rights is tricky. Once a police officer Mirandizes an individual, that individual has the right to remain silent. However, if the defendant choices to speak to the police, the individual is deemed to have waived his/her right. Should an individual choose to waive their right, they should be very careful as to what they tell the police officer without their attorney present. Typically, police officers are looking for specific information from the suspect so as to assess whether the suspect will agree to specific facts or not. Although an individual may believe they have not done anything wrong, speaking to a police officer openly and without an attorney present may lead to stating things that can be taken out of context that may ultimately lead to the individual being charged with a crime.How Does Miranda Warnings Work in DUI Arrests?
Miranda warnings do not work the same for DUI arrests. This is because a police officer does not necessarily have to provide the individual with Miranda warnings since the police officer may have enough evidence (i.e. from the way the individual was driving or from the smell of alcohol on their breath) to justify the DUI arrest without interrogating them.Los Angeles Criminal Defense Attorneys
If you or someone you know has been arrested without proper Miranda rights given, contacting Los Angeles Criminal Defense Attorneys at KAASS Law at {meta.phoneFormatted} for a consultation. - Read More
Child Support Laws in California
What is Wage Garnishment?
Wage garnishment allows an individual's earnings to be withheld by an employer for the payment of a debt such as a child support.
What Income is Eligible for Wage Garnishment?
According to the California Code, Family Code section 5206, earnings include:
- wages, salary, bonus, money, and benefits;
- payments due for services of independent contractors, interest, dividends, rents, royalties, residuals, patent rights, or mineral or other natural resource rights;
- payments or credits due or becoming due as a result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus or otherwise;
- payments due for workers' compensation temporary disability benefits;
- payments due as a result of disability benefits; and
- any other payments or credits due or becoming due, regardless of source.
Is There a Maximum Wage Amount Subject to Garnishment?
Yes, there is a maximum wage amount that can be subject to garnishment. Under the Consumer Credit Protection Act's Tile III, the maximum allowable garnishment from disposable earnings cannot exceed 50% if the worker is supporting another spouse or child, or up to 60% if the worker is not. Furthermore, an additional 5% may be garnished for support payments more than 12 weeks in debt.
When Does Wage Garnishment Go into Effect?
Wage garnishment goes into effect immediately after the court order is finalized.
Can an Employer Fire an Employee Whose Earnings Are Subject to Garnishment?
No, under the Consumer Credit Protection Act, an employer is prohibited from firing an employee whose earnings are subject to garnishment for any one debt.
What Are the Consequences of Not Paying Child Support?
Not paying child support can lead to serious consequences, including being in contempt of court, which may lead to jail time.
It is important to ask the court to change the child support amount should an individual lose their job or any other important change that decreases an individual's income.
Attorneys at KAASS Law
If you or someone you know is subject to wage garnishment and have further issues and/or questions, please contact us at {meta.phoneFormatted} for a consultation. Our attorneys will evaluate the details of your matter and let you know what to expect and how you can proceed.
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What is the Covenant Of Quiet Enjoyment in California?
What Is the "Right to Quiet Enjoyment?"
California law implicitly grants tenants the right to enjoy their rented property without "substantial interference" by their landlord. All California tenants are legally entitled to this right. It is infringed upon when a landlord or someone working for them interferes with their ability to enjoy their dwelling and live in it peacefully. This can also be violated if the landlord fails to prevent another tenant from violating someone's right to quiet enjoyment.
What Kind of Actions Violate the Right to Quiet Enjoyment?
Just because California tenants have a right to quiet enjoyment, it does not mean that any annoyance by the landlord would result in a violation of this right. The law states that there must be "substantial interference," which is a legally vague term but tends to include actions that are repeated and/or prevent the tenant from quietly enjoying their space for an extended period of time. Some examples would include:
- A landlord has a realtor hold apartment showings twice per week for the last 3 months of the current tenant's lease
- Another tenant smokes marijuana every night in the unit next to the plaintiff, which spreads a strong odor around the premises
- A landlord and a tenant agree to permit construction on one of the nearby units, but the construction is loud and occurs at 6 A.M. almost every morning
- A landlord wants to get rid of a tenant, so they harass them and shut off their hot water to try and get them to leave
The right to quiet enjoyment is frequently violated when landlords take part in "constructive eviction," which is when they allow the living conditions to be so bad that a reasonable tenant would have to move out.
What Should I Do if My Landlord Is Infringing Upon My Right to Quiet Enjoyment?
If the breach of your right to quiet enjoyment is not particularly severe, it may be a good idea to request in writing that they stop infringing on your rights before calling an attorney. You can eventually sue to get your rent refunded, and depending on the district, you may be able to recover compensation for physical/emotional damages caused by your landlord. However, it is advised you start the process in writing so there is a record of your complaint.
For severe breaches of quiet enjoyment, especially ones that cause physical and emotional harm, you should seek legal representation immediately. You should also consider filing a police complaint, particularly in a situation where your landlord is harassing you or making you feel unsafe.
Consult with KAASS Law landlord-tenant attorney who can assist you with determining whether or not the covenant of quiet enjoyment has been breached in your case.