All property owners in Los Angeles, including private and government property owners, have a legal obligation to keep their properties safe. A premises liability case is a lawsuit in which the plaintiff seeks to hold an owner or occupier of property liable for injuries, deaths, and other damages that occur on their property. These cases are often brought by people who have been injured as a result of something happening on the defendant's property. In order to prevail in these types of lawsuits, plaintiffs must show that the person they are suing was negligent or careless in some way-which can be established if there were dangerous conditions present at the time of the accident.

What Compensation Am I Entitled To After I Have Been Injured As A Result Of A Premises Liability?

Your injuries can be severe and life-changing, whether you slipped on a damp floor at a shopping mall, stumbled on garbage in a grocery store, or fell on a damaged stair at a neighbor's house. If you have been injured as a result of a premises liability accident, you may be entitled to compensation for the following:

• Emotional anguish
• Wages that have been lost
• Medical expenses
• Loss of consortium

In a premises liability case, determining who is at fault is difficult. In order to win a premises liability claim, an injured person must show that he or she was hurt as a result of the property owner's or manager's negligence. An injured person must show that the following are true:

• The plaintiff was injured.
• Defendant was careless in the use or management of the property, and this conduct was the primary cause of plaintiff's injuries.
• The property where the incident occurred was leased, owned, occupied, or controlled by the defendant.

Who Is Responsible for My Accident?

As previously stated, all property owners have a responsibility to maintain their premises in a reasonable manner. A property owner's duty of care entails any activities that a reasonable property owner would take or should have taken in identical circumstances. It's also crucial to realize that a property owner's duty of care varies based on who is on the premises. There are also cases where an injured person's negligence contributed to the accident's cause. In such circumstances, the property owner and the injured individual may share liability.

• When determining whether a property owner/manager has breached his or her duty of care, the following factors will be taken into account:
• What is the address of the property?
• Given the facts, how likely is it that an injury will occur?
• In these circumstances, how serious could an injury be?
• What level of control did the property owner have over the dangerous situation?
• How much of a hassle would it have been to reduce or eliminate the dangerous situation?
• Is it possible that the owner was aware of or should have been aware of the hazardous condition that caused the accident?

In A Premises Liability Case, Who Do I Sue?

Any person or company that owns, leases, occupies, or controls the property where the accident occurred can normally bring a premises liability claim for damages against any person or company that owns, leases, occupies, or controls the property where the accident occurred. By acquiring premises liability insurance or delegating the critical responsibility of keeping their property in safe shape, property owners or managers cannot totally protect themselves from liability. Even if they outsource maintenance responsibilities to an employee or hire an independent party who is later deemed negligent, a property owner or management is always liable for the safety of their premises. In conclusion, whenever a dangerous condition causes to injuries, the property owner or manager may be held liable for the resulting damages.

Ask Us Anything About Premises Liability Lawsuits

If you or someone you know has been injured as a result of premises liability, please contact KAASS Law at {meta.phoneFormatted}. Feel free to speak to one of our representatives about booking a consultation with our attorney.

Have you ever come across news concerning a lawsuit against doctors for sexual harassment? In the latest news, there was information regarding compensation to 6600 patients by the University of California for sexual harassment of a gynecologist. The abuse included sexual inappropriate comments to patients, touching them without medical gloves, etc. Sexual assault/abuse/harassment are criminalized under California law. However, filing a lawsuit for such crimes against doctors is a personal injury claim. The claim is mostly focused on receiving compensation for the damages caused by the criminal actions of doctors rather than seeing the doctor convicted to imprisonment in jail.

Who are the Addresses of such Lawsuits?

The first addressee is the doctor, who caused the injury to the patient. However, a doctor's employer (hospital, clinics, college, university) can also be liable for the actions of the doctor. What is the reason to implicate the employer? It helps to increase the amount of compensation you can receive in the recovery of your damages. Mostly, the plaintiff must show that the doctor was not competent and was working negligently, as well as that the employer knew the doctor could be of a risk for the patients. Under two legal doctrines, sexual assault cases against doctors can hold the doctor's employer liable:

• Inadequate recruiting or supervision
• Respondent superior is another term for vicarious culpability

Who can File the Lawsuit?

The main plaintiff is the patient-who suffered from the actions of the doctor. However, the victim's family members, even domestic partners, or legal heirs can also act as a plaintiff for such a lawsuit. Anyone who's been the target of one of the following offenses can sue the doctor who caused them harm:

• Rape
• Rape by statute
• Sexual violence
• Groping or sexual battery
• Sex or touching without consent
• Indecent exposure
• Sexual exploitation of children

The injury claim continues the criminal proceedings against the doctor. So, the victims of such crimes as sexual assault, rape, statutory rape, sexual battery, nonconsensual sex, touching, etc. can file for this lawsuit. In case the criminal proceedings succeed, the civil lawsuit automatically shall become easy, the civil claim can use evidence gathered during the criminal proceedings as well. One of the features of a civil claim is that the latter requires a lower standard of proof. While filing the civil claim, the victim needs to show that there were damages.

What are the Terms to File for the Civil Lawsuit?

Under California law, you can file for this kind of lawsuit in 2 years period from the date of the commitment of the assault. In case the victim was assaulted while being a child, the term for filing for the civil lawsuit extends to his 26th birthday or 3 years after the discovery that the victim had a psychological illness that occurred after the victim of abuse turned 18, and that this illness was a result of that particular abuse. What compensation can the victim receive if they file the civil lawsuit? The compensation types which are possible to receive include the recovery of:

• medical expenses
• financial losses with regards to recovery from the assault
• physical pain
• loss of earning capacity
• Lost wages

Glendale Personal Injury Lawyer

If you or a loved one has been harmed as the result of sexual assault, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A sexual assault lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who was not competent at their work place. Please feel free to give our office a call at {meta.phoneFormatted}.

Despite organizations' ongoing attempts to increase rights to own and carry various types of knives in the United States. There is still a long list of knives that are illegal, including "air gauge knives," which are uncommon in California. But first, let's define an air gauge knife and the actions that are illegal under California law.

What is an Air Gauge Knife?

According to the definition provided in section 16140 of California Penal Code, an air gauge knife is " an instrument, which appears to be an air gauge knife, but has concealed within it a pointed. In other words, characteristics of this type of knife are:

• Being similar or looking like an air gauge,
• Having a hidden knife in it.

Possessing, selling, or engaging in other actions with air gauge knives, which will be discussed further in this article, is illegal under California Penal Code section 20310. Section 16590, which prohibits the manufacture, sale, and/or possession of certain dangerous weapons, applies to air gauge knives. This section among prohibited firearms, firearm equipment, martial art weapons, and other prohibited weapons also lists prohibited knives, such as ballistic knives, lipstick case knives, and air gauge knives. Under section 16590, one can be liable for knowingly committing the manufacture, import, sales of listed general weapons.

What Actions are Illegal Under California Penal Code, Section 20310 PC?

In California, PC 20310 is an example of a wobbler. Wobblers are unique in that they can be classified as either misdemeanors or felonies, depending on the prosecutor's decision. Typically, a wobbler's criminal history and the facts of the current case determine how the case will end. A knife with an air gauge is one that:

• resembles or looks like an air gauge
• has a knife hidden inside it

What Are the Penalties for Violations of Section 20310 California Penal Code?

The violation is in the category of wobble offense, thus it can be both as a felony or a misdemeanor, depending on the factual circumstances of the case. Charges for such violations are imprisonment in a county jail or a significant amount of penalty. If charged as a misdemeanor, the following penalties shall be imposed:

• imprisonment in a county jail for a term up to one year
• a maximum fine in the amount of 1000$

In case the crime is charged as a felony, it shall be punished by:

• imprisonment in a county jail for up to three years
• imposing a maximum fine of 3000$

What Legal Defenses Are Available to Help you Avoid Punishment?

A defendant can use the necessity defense to avoid being found guilty if he can show that he had a compelling reason for committing the crime. An accused could argue that he committed a crime because he had no other option in the case of an illegal act with an air gauge knife. Examples of such defenses can be:

• The instrument, which you possessed, is not an air gauge knife.

Section 16140 of the Penal Code of California gives a certain definition for the air gauge knife. As, in case the instrument you sold, imported, possessed, or gave does not correspond to the provided definition, you cannot be charged under section 20310 of the California Penal Code.

• You are in categories of people who can not carry such knives.

There are certain categories of people, who are free from prosecution from the relevant section of the Penal Code of California. These are members of law enforcement agencies. Thus, if you can prove that you are such a person, you will be in this category.

Glendale Personal Injury Lawyer

If you or your friend are accused of violation of Penal Code 20310 PC of California, we invite you to contact criminal attorneys of the KAASS Law firm for consultation and further assistance. Please feel free to give our office a call at {meta.phoneFormatted}.

Construction law is a highly specialized area of the law. California has its own set of laws for construction lawsuits, and it's important to know them in order to understand your rights. This article will explore some aspects of California's construction law that are relevant to potential lawsuits and damages of claims arising from accidents occurring on construction sites in California.

What Monetary Damages Can a Plaintiff Receive?

In California, construction lawsuits can be filed against a contractor or any other entity that is in charge of the project. A plaintiff may win their lawsuit and receive compensation for the losses they have incurred due to the defendant's negligence. Plaintiffs may have to prove that the construction company was negligent and did not meet building codes or contract specifications. They also need to prove that they suffered damages as a result of the construction company's negligence, such as property damage or physical injury. If plaintiffs win their construction litigation, they can receive compensation for damages done to them by a negligent party. Below is a list of monetary damages the plaintiff may receive from their case:

• Medical expenses (including hospital bills, long-term home health care, medication, medical equipment, and rehabilitation/physical therapy)
• Damage to property
• Suffering and pain (including emotional distress)
• Wage loss
• Loss of future earnings
• Loss of consortium
• Reputational harm

It should be noted that a plaintiff may receive these damages following a civil trial, settlement, or other form of dispute resolution (for example, mediation or arbitration). Depending on the state in which a construction lawsuit is filed, a court may also award punitive damages to a plaintiff if it determines that the defendant acted with:

• Exceptional recklessness
• Deception
• Caused harm on purpose

What is the Time Limit for Filing a Construction Lawsuit?

Plaintiffs must file a construction lawsuit within the time period specified by their state's applicable statute of limitations. A "statute of limitations" establishes the time limit within which a plaintiff must file a legal claim. If a claim is not filed within the statute of limitations, the plaintiff loses the right to file it. According to the statutes of limitations applicable to these types of cases, a plaintiff must file a claim within three to six years of the date of the injury.

What is the California Law?

The California Law for Construction Lawsuits states that construction contractors are required to give written notice of defects in the work. The California law for construction lawsuits is a very specific type of contract, which requires an individual or company who performs work on someone else's property to notify them of any defects in their completed project within a certain amount of time. The rules vary depending on what state you live in and if it is being used as part of your home-owners insurance policy. In general, California law follows the preceding discussion. A plaintiff can file a construction lawsuit using any of the theories listed previously above.

• Negligence
• Vicariously liable
• Defective products
• Breach of contract
• wrongful death

Furthermore, if their claim is successful, they will be able to recover for the damages. A plaintiff must file a construction claim within the following time frames, according to California's statutes of limitations:

• If you are suing for a personal injury, you have two years.
• If you're suing for property damage, you have three years.
• If suing for a breach of an oral contract, the time limit is two years.
• If suing for a breach of a written contract, the time limit is four years.
• If suing on the basis of wrongful death, the time limit is two years.

Contact a Los Angeles Attorney Today

If you are injured in an accident on construction site or as a result of faulty construction at your home or place of business, you may be entitled to compensation for your injuries and losses. Contact a Los Angeles Attorney today at {meta.phoneFormatted}.

Fortunately, to qualify as a criminal annoying communication, a phone call, text message, or other communication must be more than just annoying. It must use filthy language or make threats, or it must be part of a series of harassing phone calls. The bad news is that determining what form of vulgar language or threats might lead to criminal liability for irritating phone calls is not always easy. The courts in California are still attempting to figure this out as well. This means that it may be difficult for someone to know whether or not what they're doing is illegal.

Penal Code 653m PC- Are Annoying Calls Prohibited by Law?

Making annoying phone calls and communicating with people is prohibited by law. Let's examine what are the criteria to define that communication is annoying;

• calls and communication shall be made by the intent to annoy
• shall contain any obscene language, or threat to injure the person, his family member, or property
• repeated communication shall have the intent to annoy or harass

We can conclude that there are several types of criminally annoying communication under the law;

• communication with the use of ‘'obscene'' language,
• communication which involves a threat to injure,
• annoying or harassing repeated communication.

Besides the above mentioned, the law also qualifies as criminal such actions as not reaching the recipient but leaving a message to call back. In this case, when the recipient calls back and the person uses obscene language or threats in the phone conversation, this will be qualified as a violation under section 653m.

How to Distinguish Between a Simple Joke and the Use of Obscene Language or Threatening?

The most important element to criminalize the action is the presence of intent. This means that the person using this language or threatening shall have an intent to annoy or harass the recipient of the communication. For example, in case 2 friends in their usual conversations use "obscene" language. They argue, and after that one of them calls and texts again using this language. The other friend cannot claim that the use of obscene language, which has always been a usual element in their conversations, had the intent to harass him. Let's also examine another situation. In case me and you have a common best friend and once we make a joke of calling and threatening to kill her the dog, and after several days we tell her about this joke, this will not be qualified as annoying calls and violation of the relevant section, as, there is no intent to annoy or harass our best friend.

How to Distinguish Between Business Calls and Annoying Repeated Communication?

The answer is again- the intent. For example, if every week you receive a call from an insurance company offering their new health insurance package, you cannot sue them for making annoying calls as they do not have the intent to annoy or harass you. Calling potential customers is their usual course of business.

What are the Legal Consequences for Violation of the Section?

Violation of section 653m is considered a misdemeanor. The punishment for such violation can be a conviction of up to six months in a country jail or a penalty in the amount of up to 1000 dollars. The defendant may also be sentenced to misdemeanor probation. As defense tools, it is possible to claim that the intent of communication was not to annoy or harass the person. Moreover, it is also possible to claim that the language was not really "obscene". Don't forget that anyone has a right to freedom of speech by the Constitution. Thus, sometimes, qualification of the communication as having "obscene" language can violate the constitutional right of a person.

Glendale Attorneys

Contact our Glendale attorney today for a consultation and case review. Please feel free to give our office a call at {meta.phoneFormatted}.

In this article, we will explore the need for accurate designs and effective warning labels on hair tools. In most cases, there are very hot tools involved in the process of getting ready, like with a curling wand. Now, you may be wondering what this article will inform you of, this article will look more closely at some things to consider when using such a product.

What Makes a Product Defective by Design?

How is a product defective by design? There are different designs on curling wands. If a curling iron has any part that could be potentially harmful to a consumer, consider it defective. What is a defective product? In simple terms, a defective product is when the way a product is designed is dangerous for the regular consumer. However, there are many ways to avoid a defective product. If curlers have a stand, clamp, and in some cases, a glove, they are considered to have a more effective design. The stand keeps the wand from rolling on the surface that you may place the curler on. The clamp may also be an addition to a safer feature on the wand due to the fact that the clamp doesn't reach as high temperatures as the barrel itself. The glove is to avoid the user's hand from burning while they are working with excessive heat. By applying these three simple solutions to the product, the design is no longer defective.

What if a Product Fails to Warn?

Most devices come with warnings about how to use them correctly, but what happens when the product doesn't work as it should? The need for warning labels on hair tools is important because sometimes manufacturers can make mistakes and release products that don't work properly or do not warn customers of the risks associated with using the product. A warning label gives you information about the potential hazards associated with a product, this label is usually attached to the product itself or is a part of its packaging. When most people think of hair tools, they normally imagine what the product can do to the hair, as opposed to the extent of how hot the tool is. However, there are many hair tools that can produce dangerously excessive heat during use, and some are even hotter than others. It's important to be aware of this because if you're holding a curling wand or any other type of heated tool near your face for too long without realizing it, it could cause burns on your skin. Hairstyling tools can often produce enough heat to cause severe burns to the hands, neck, and face. When these defects happen and someone then burns themselves with an electric appliance that was manufactured improperly, we can see how important it is to have warning labels on hair tools. These products often cause an injury to the user due to a lack of knowledge in how they work or when they should be handled.

Solutions To Know When the Wand Is Ready to Be Used

In the past few years, there has been a rise in cases involving burns from curling irons and other heating devices. In this case, different types of hair require different temperatures and settings on a curling iron, so it's important to know this information before using the appliance. For example, Emily plugs in her curling wand and turns it on to begin styling her hair. She knows she has to wait until the iron gets hot enough to then begin using. However, she doesn't know when the barrel is ready to use, so she touches it directly with her fingers and gets burned. This could have been avoided if the proper information was displayed on the product. There are solutions that have been applied to recent curling wands to avoid such causes. For new wands, temperatures are often displayed on the product to let the consumer know when the wand is ready for use. Normally, instructions are provided on how to use the appliance and its heat settings.

Need An Attorney In LA?

If you have been injured due to a curling iron malfunction, or believe your product has a defective design, feel free to contact a Los Angeles Attorney. To reach attorneys at our firm, contact KAASS Law at {meta.phoneFormatted}.

Unfortunately, very commonly the children get into different types of accidents and receive different kinds of injuries. Certainly, it is possible to seek compensation for such injuries and recover the child's rights. However, minors do not have the legal capacity for filing lawsuits and claims. It is necessary to understand who shall be responsible for filing the claim and receiving compensation. Obviously, it shall be the parent of the child who shall act on behalf of him. If the parents split up and live apart, the child's representative is the parent who has custody. In some cases, the court can appoint guardian ad litem to protect the interests of a child.

What is the Compromise for a Minor's Claim?

A compromise of a minor's claim occurs when a parent (guardian ad litem) settles a dispute claim for personal injury monetary damages on behalf of a child under the age of 18. Minors' rights have a special protection by the state, and as a result, the court must approve any settlement reached on their behalf. The following are some examples of claims in personal injury lawsuits.

• Medical bills from a car accident in California
• Compensatory damages for an injured person at a California public school
• Rehabilitation costs from a slip and fall; or
• Bicycle accident damages that result in a loss of earning capacity.

Compensation of the Minor's Settlement Claim

A minor's settlement trust gives the minor, his or her family, and the courts more flexibility in how they handle the settlement assets, and it doesn't require ongoing court supervision. A trust can be written to allow a minor to revoke it when they turn 18, but if they do not do so within 30 days, the money can stay in the trust for longer. You can obtain financial compensation for your child in the form of:

• medical bills
• rehabilitation costs
• loss of capacities (loss of capacity to work when becoming an adult), etc.

The parent can ask the court to release some or all of the money sooner. However, the court will only agree to do that if it believes it is in the child's best interests. In most cases, the court will not allow the parent to keep any of the money for personal reasons. This is because the court views the money as compensation for the child, rather than for the parent's financial gain.

What Information Does a Minors Settlement Petition to the Court Include?

The information highlighted in the petition of the court shall include all details which are necessary for the agreement to be settle. Usually, they are:

• details (personal data) of the child,
• relationship of the petitioner and the minor
• description of the nature of the claim, as well as the description of the accident, which caused injuries to the minor
• descriptions of the injuries that the child suffered
• description of the medical expenses
• acknowledgment that the statement is final, etc.

A compromise hearing usually takes place in which the minor and the guardian ad litem shall be present. examination of the injuries will determine if the Court approves or denies the petition of settlement. Besides, the Court also takes into account where the funds of the settlement shall be transferred to in case and after the court approves the petition of settlement.

What is a Blocked Account?

For the last point, the Court usually uses the method of blocked accounts. The account that has a ban is a bank account which will receive the funds of compensation. It is possible to use the funds only when the minor gets 18 years old. However, in some exceptional situations, the funds can be released from this account only by the order of the court. If a child received any disabilities as the result of the accident, the court is entitled to impose a special need trust to protect the assets of the child. When the child becomes an adult and is unable to work, the special needs trust shall maintain the assets of the child and also assist the child to receive public benefits as an adult.

Glendale Personal Injury Lawyer

If you or a loved one has been harmed as the result of an accident, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at {meta.phoneFormatted}.

Sextortion is a serious crime in which a perpetrator threatens to publish private and explicit information or material about you (or to share it with your friends and family) unless you comply with their demands. The demand for sexual images, money, or sexual favors is common. The goal of a sextortionist is to make you fear that he will share your private photos or videos online for all of your friends, family, and coworkers to see. Criminals use your fear to force you to pay them in exchange for not releasing your personal photos, videos, or other media. Starting from 2018 California Penal Code amended the law on the criminalization of extortion and added points with regards to "sextortion" crime.

What is Extortion under California Penal Code Section 518?

Sextortion is a type of extortion that encompasses a wide range of behaviors. Sextortion, on the other hand, differs from most other forms of extortion in that it frequently involves threats of revealing the victim's personal, intimate images or videos if individual will not pay. The crime of extortion is defined as:

• obtaining property (other considerations)/official act of public
• with the person's consent/under color of official right
• induced by wrongful use of fear or force

Some sextortionists, on the other hand, use something as simple as a text message with your text messages and phone number. Victims who are in a monogamous relationship may find this information to be compromising.

What is Sextortion under California Law?

Under California's extortion law, Penal Code 518, "sextortion" is a type of blackmail. The term "extortion" is defined in California law. Sextortion is defined by obtaining:

• an image of an intimate body part of the victim
• demanding sexual conduct
• by wrongful use of fear or force

In other words, sextortion is a form of extortion in cases in which the perpetrator threatens the victim to release information (mostly concerning intimate information on the victim) demanding money, or sexual favors, personal media.

What are Examples of Sextortion?

The fear of the victim that particular explicit information on him/her made public is the base of sextortion. So, the fear of the victim can affect him/her to make paying money or demanding other sexual favors. Examples of acts of sextortion are webcam blackmail, web sextortion, etc. Most social media websites (such as Facebook, Instagram, skype zoom, etc) enable us to chat with video cameras and, of course, send photos and videos. That is a convenient place for the harassers to find a potential victim. Of course, the crime cannot happen immediately; first, the harasser shall win the victim's trust, build relationships and then threaten to release compromises. Another convenient platform for the harasser is dating websites (Tinder, Match, etc). People, who often use such websites, are more vulnerable to share personal photos and media, or other information.

Tips to Protect Yourself from Sextortion

Avoiding sending explicit content to anyone else via phone, tablet, or computer is the easiest way to avoid sextortion. When someone asks you to send intimate photos or videos online, keep your wits (and a healthy dose of skepticism) about you. Sending intimate photos or video-chatting with someone you haven't met in person is not a good idea. Some examples of helpful tips can be:

• setting social media to account private
• not to open spam emails or messages
• keep all the conversations as evidence to further transfer them to law enforcement agencies
• not to keep intimate content on your phone or computer
• always report sextortion to the website, which stood as a platform for the crime to happen
• not to send intimate content even if the person you chat with also sends such media

Glendale Personal Injury Lawyer

If you are being sextorted on the internet, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at {meta.phoneFormatted}.