Every boater should be aware of the dangers of operating a vessel while under the influence of alcohol or drugs (BUI). Every state makes it illegal to operate a boat while under the influence of alcohol or drugs. A federal law against BUI is also enforced by the Coast Guard. This legislation applies to all boats (from canoes and rowboats to the largest ships), as well as foreign vessels operating in US waterways and US vessels operating on the high seas.

What is Boating Under Influence Under California Law?

Boating under the influence are actions, which are criminalized under section 655 of the Harbors Navigation Code of California. Particularly, the above-mentioned section states that it is a crime to commit the following actions:

• operate any boat, watercraft, jet-ski, vessel,
• to commit this action under the influence of alcohol and drugs or with a blood alcohol content of 0.08 or above.

What Actions Specifically are Prohibited by the Subsections of 655 Harbor and Navigation Code of California?

California BUI law criminalizes the following actions:

• functioning of any vessel (boats) while being under the influence of alcohol or drugs
• navigation of a recreational vessel with a blood alcohol concentration of 0.08 percent or higher
• operation of a commercial vessel with a blood alcohol concentration of 0.04 percent or higher
• operation of any vessel while being under the influence of alcohol/drugs and as the result of it committing an illegal act which causes injury to another person

If a BUI suspect fails a chemical breath test or a blood test within three hours of driving the boat, California law presumes that they have an illegal BAC level. Defendants, on the other hand, can challenge this presumption in court. Evidence that the breathalyzer was faulty or that the blood samples were tainted, for example, might invalidate the chemical test results.

What Means "Being Considered to be Under the Influence of Alcohol or Drugs or Their Combination?

A person is considered to be under the influence, if, as a result of drinking and/or consuming alcohol, taking drugs, his/her mental or physical abilities are so impaired that he/she is no longer able to drive a vehicle (vessel) with a caution of a sober person, using ordinary care, under similar circumstances. In other words, the influence of alcohol and drugs on your organism shall be so essential that it shall cause you:

• note to be able to drive the vessel with caution,
• your physical and mental abilities shall be weakened and harmed.

For instance, suppose you drank some beer while operating a boat, but you are a professional driver and the drink has no effect on the boat's performance. They won't find you guilty of violating California's Harbor and Navigation Code § 655 (b). However, the case will be different if you are a new driver of a vessel, and the percentage of alcohol in your blood can easily lead to operating the boat worse than usual. The prosecution considers a number of variables when determining whether you are under the influence of alcohol or drugs. These factors are:

• the manners of operating the vessel or a boat
• your appearance, for example, your red eyes or improper manners of speech
• results of blood or breath test

Section 655 ( c ) of California Harbors and Navigation Code-driving with a Blood Alcohol Concentration of 0.08 Percent or Above.

Under this subsection, it is illegal to:

• operate a boat, aquaplanes, or other similar devices
• while having a blood alcohol concentration of 0.08 percent or above

This subsection differs from the one previously discussed. In case your abilities to drive your boat were not under effect of the alcohol concentration in your blood. However, the test is revealing that it was 0.08 percent or higher, it can be illegal.

Section 655 (f) of Harbors and Navigation Code of California.

The actions, considered to be offenses under this section, are:

• operation of boats or any other vessels,
• committed under the influence of alcohol, drugs, the combination of alcohol and drugs,
• commitment of forbidden act or neglect a duty under the law, while operating the vessel in such conditions,
• when the act or neglect caused bodily injury to a third person.

The level of caused bodily injury does not play a role in accusing the person of a violation of this subsection. To understand when you can be convicted for violation of this subsection, let's consider the following example. If you operate your boat faster than the speed limit in the region while under the influence of alcohol or drugs. You may be found guilty of violating the relevant provision if your friend falls and fractures her hand as a result of your actions. You can try to prove that you were not under the influence of alcohol or drugs, or their combination while committing the unlawful act or neglecting the duty. The above mentioned can help to mitigate the penalties.

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The violations are variable thus it is essential to find a professional attorney to assist you in defense against the penalties. Please feel free to give our office a call at {meta.phoneFormatted}.

Children are required to attend school in California by law. If a child is absent from school, their parent can be prosecuted for truancy under the education code. Therefore, parents should understand the consequences of violating this law and make sure they know what counts as an excused absence for their child's needs. Parents are often unsure about whether or not they can be prosecuted for their children's lack of attendance at school in California.

What Are the Truancy Laws in California?

The Education Code contains California's truancy laws. Students can be persistently absent. Chronic truants are children who have missed 10% of the school year, according to California Education Code. A truant is defined by this law as a child who, without a valid excuse, has:

• 3 days of absence
• 3 tardies
• Absent 3 times for 30+ minutes

What are the Penalties of Failing to Supervise a Child's School Attendance?

Failure of parents or guardians to provide appropriate supervision and enforcement of their child's school attendance is a criminal crime in California. The law applies to students in kindergarten through eighth grade who are six years old or older. Under Penal Code 270.1, the violation would be considered a misdemeanor. If proven guilty of the crime, the punishments' would consist of; imprisonment for no more than one year in the county jail and/or a maximum fine of $2000.

Criminal Penalties on Truancy?

Criminal offenses are frequently associated with a lack of student attendance. They are as follows for parents:

• Failure to monitor a child's attendance at school (Penal Code 270.1a PC)
• Contributing to a minor's delinquency (Penal Code 272)
• Domestic abuse

A minor accused of skipping class could face charges for related juvenile offenses such as:

• Marijuana Possession (Health and Safety Code 11357)
• DUI stands for Drunk Driving (Vehicle Code 23152)
• Violating the zero-alcohol policy for underage drivers (Vehicle Code 23136)
• DUI by a minor with a BAC of 0.05 percent or higher (Vehicle Code 23140)

Schools attempt to schedule meetings between students and parents, as well as school officials such as the attendance supervisor, to discuss how to solve the truancy problem. Schools make every effort to connect families with local support services. Alternative educational programs may also be available.

Could a Parent be Prosecuted for their Child's Lack of Attendance in School?

In order to form a valid case important requirements must be met; the student must be a "chronic truant" meaning the student is absent, without valid excuse, for 10 or more percent of the school days in one school year. The defendant must be a parent or guardian of a six year or older student in any grade from 1st through 8th. The child is subject to continuation education or compulsory full- time education. Along with the defendant failing to supervise the students attendance reasonably.

What are Some Legal Defenses?

There are several legal defenses a person can use if accused of failing to supervise a child's school attendance, such as, the accused being able to provide proof of "reasonable" supervision, if the child in question was not considered a "chronic truant", and if the defendant provided a coerced confession. To prove "reasonable" supervision the defendant may highlight the details in a case where, under the circumstances, their supervision was reasonable. If a coerced confession takes place, when the police use overbearing measures to get a confession, and can be proved, a judge may exempt the confession from evidence. A proved coerced confession may also lead the case to be dropped completely.

Have more Questions about Failure to Supervise a Child's School Attendance?

Truancy laws in California require children to attend school. Parents are required to provide their children with an education and follow truancy laws. The laws of the state applies to children aged 6 to 18. These children are required to attend school in their school district, whether elementary, middle, or high school. In California, it is against the law for children to not attend school and parents can face jail time for this act. Give KAASS Law a call to get the compensation you need. To reach our office line, dial {meta.phoneFormatted} to book a consultation.

The California law that makes it unlawful to conceal a controlled substance in a fake compartment is Health and Safety Code 11366.8 HS. The crime is punishable by up to 3 years in prison and may be tried as a misdemeanor or felony. According to this law, it is unlawful for someone to:

• The ability to own or employ a fake compartment with the purpose of concealing or transporting drugs inside of it.
• In order to conceal or carry drugs inside a vehicle, create a phony compartment within or attached to the vehicle.

Any box or enclosure that is intended or created to conceal a prohibited substance is referred to as a "false compartment."

What Exactly Does It Mean to Hide Substances in a Falsified Compartment?

Regarding the use of fictitious compartments to conceal drugs, see California Health and Safety Code 11366.8. The relevant code section forbids two acts. First, a violation of Health and Safety Code 11366.8(a) includes:

• own, operate, or maintain a fake compartment
• to do so with the purpose of placing drugs therein for storage, concealment, smuggling, or transportation

Second, a violation of Health and Safety Code 11366.8(b) includes:

• create, assemble, modify, set up, or affix a fake compartment to a vehicle
• to act in such a way with the intent to transfer, smuggle, conceal, or store a banned substance therein

A "false compartment" is any box, container, space, or enclosure contain or built to conceal any drug inside of it. However, a "vehicle" may be personal or professional in nature. Common vehicles include, for instance: vehicles such as automobiles, trucks, buses, airplanes, boats, ships, and yachts.

Does Health and Safety Code 11366.8 HS Have Any Defenses?

A suspect of hiding drugs in a false compartment may contest the accusation by raising a legal defense. A charge is frequently withdrawn or decreased as a result of a successful defense. Please be aware, however, that in order to mount the strongest defense possible, a defendant must hire representation. Three typical countermeasures against HSC 11366.8 allegations include:

• forced admission
• entrapment
• no intention

What Penalties Apply?

A wobbler is a person who hides narcotics in a false compartment; as a result, the offense is punishable as either a misdemeanor or a felony. Overall an individual who breaches Health and Safety Code 11366.8(a) may get a maximum penalty of one year in the county jail. According to Health and Safety Code 11366.8(b), the following offenses may result in a sentence of incarceration in the county jail:

• 15 months
• two, three, or more years

Please be aware that a judge may impose criminal probation instead of jail time. This kind of probation is also referred to as "summary" or "informal" probation.

Similar Offenses

The hiding of drugs in a phony compartment is a criminal in three different ways. Which are: HSC 11351, HSC 11366, HSC 11379.

Possession of a controlled substance with intent to sell – HSC 11351

California Health and Safety Code 11351 HS forbids the possession of some illegal substances with the aim to resale them. These include illicit narcotics like cocaine, heroin, and LSD. HSC 11351 also provides coverage for widely use prescription drugs like codeine, hydrocodone (Vicodin), and oxycodone (Oxycontin).

Running a drug house: HSC 11366

Operating a drug house is against California Health & Safety Code 11366 HS. "Drug houses" are any establishments that specialize in the distribution or sale of unlawful controlled narcotics. In California, operating a drug house is a wobbler offense, which means it can result in either a misdemeanor or a felony prosecution.

Drug and narcotics manufacture – HSC 11379.6

Without a license, it is illegal to produce drugs, narcotics, or restricted substances, according to California Health and Safety Code 11379.6 HS. More particularly, it forbids production. As a result, a felony accusation will be brought for violating Health and Safety Code 11379.6.

Glendale Lawyer

If you or someone you know has been guilty of a felony under California Health and Safety Code 11366.8, we encourage you to contact our attorneys for a consultation. Please feel free to give our office a call at {meta.phoneFormatted}.

In some personal injury cases, parties may include pain and suffering damages and receive a compensation for the physical and emotional suffering they endure as a result of an accident. Plaintiffs may receive the damages in some countries as a sort of compensatory damages. They fall under the heading of non-economic damages rather than economic damages. Additional instances of non-economic harms include:

• loss of connection
• loss of life's joy

How are Damages for Pain and Suffering Determined?

There is no set formula for calculating the monetary worth of a pain and suffering award in personal injury cases where compensation is granted for non-economic losses. Usually, accident victims or people who have been hurt have to provide evidence that they were hurt physically or psychologically. A judge or jury will then decide on a fair monetary sum for pain and suffering damages using their discretion. While compensating parties that were harmed or accident sufferers for subjective losses, pain and suffering damages are frequently supported by objective proof, such as loss of enjoyment of life.

Are Damages for Pain and Suffering Considered to Include Emotional Distress?

Yes. Damages for pain and suffering could include emotional anguish. "Emotional anguish" refers to the mental harm a person experiences as a result of a physical injury or accident. These are some instances of emotional distress:

• fear
• worry
• tears
• lack of sleep
• despair
• embarrassment

If a claimant experiences emotional distress without a corresponding physical damage, they may still be eligible to collect compensation for their pain and suffering. However, it is frequently advisable for a plaintiff in these situations to obtain some sort of mental health counseling. Having a counselor testify is especially suitable when the plaintiff has severe subjective symptoms like:

• sleep issues
• anxiety
• PTSD
• other related symptoms that are challenging to diagnose with objective tests

What is a Multiplier for Pain and Suffering?

In order to calculate pain and suffering claims, parties (such as attorneys, plaintiffs, and insurers/insurance adjusters) frequently employ a "multiplier approach." With this approach, one totals up all economic losses related to a case. After that, the party doubles that sum by a specific quantity (typically between 1 and 5, with 3 are common). The precise multiplier applied in a case will depend on how badly someone was hurt. In cases of light injuries, persons will use a low multiplier (such as 1 or 2), but parties may use a higher multiplier (such as 4 or 5) in cases of serious injuries. In the following circumstances, a greater multiplier may be used:

• extreme sorts of pain
• lifetime medical care
• lost wages as a result of a disability
• severe injuries involving fractured bones
• decreased quality of life

It is common to compare and contrast the multiplier method with the pier diem methodology for measuring pain and suffering. In the latter, attorneys for the plaintiffs, plaintiffs' representatives, and an insurance provider attempt to determine a particular monetary sum for each day the plaintiff feels pain and suffering as a result of an injury.

Damages for pain and suffering are they taxable?

The basic rule is that neither state nor federal law applies to the money a plaintiff obtains in a personal injury case. This is valid in terms of compensation for both economic and non-economic losses. The majority of states state that this rule applies when a plaintiff experiences any of the following:

• physical illness
• bodily damage

This implies that a party's damages may be subject to taxation if they get damages for emotional distress (but not for physical harm).

Glendale Personal Injury Lawyer

We encourage you or a loved one to get in touch with our legal office for further information or to discuss your case with one of our personal injury attorneys. Please feel free to give our office a call at {meta.phoneFormatted}.

California law defines the term assault as follows- an attempt to cause violent injury to someone. We can deduct from the definition that the victim does not need to get severe injuries for criminal liability to exist-thus. Significant harm is not a requirement for the crime to exist. California law distinguishes between different types of assaults, which have their specific elements of the crime. For instance, there are separate sections for assault with a firearm, assault with caustic chemicals, etc. Further, we will examine one assault by means likely to produce great bodily injury.

Penal Code 245 (a) (4) PC-assault by means likely to produce great bodily injury

Under Penal Code Section 245 (a) (4) the type of assault is defined as using force, which can result in causing great bodily injuries to a victim. As described above, this type of assault is only an attempt to conduct a violent injury on someone. Penalties under violation of this section can also occur in case the injury has not an accident. If we combine the elements and characteristics of this section, we can conclude that assault by means likely to produce great bodily injury is:

• a willful, malicious act,
• force
• violent injuries with force

Definition of great bodily injury

One of the main elements which distinguish this assault from other types under the Penal Code of California is causing great bodily injuries. Thus, it is essential to understand which injuries can be classified as those. Great bodily injury is a substantial and significant cause to the victim. Though the court determines whether a damage is "great" on a case-by-case basis. Breaking the victim's bones, gunshot wounds, and nervous system damage are all common examples. The severity of the actions, resulting from physical pain, and the need for immediate medical assistance for the victim are all factors that will help the court when determining whether the injury is "great". The harm that this injury causes shall be more than just minor or moderate harm to the victim's body-traumas shall be major. The term "great bodily injuries" refers to serious bodily harm. Any financial losses or emotional traumas caused by actions conducted by a criminal cannot amount to a great bodily injury.

Penalties for violation of this section

Assault by means likely to produce great bodily injury can include both as felony and misdemeanor under California Law. Depending on the facts of the case, the classification and sanctions may differ. The accused's criminal background, as well as the consequences of his or her actions. In the event that the actions are classified as a misdemeanor. The maximum penalty may be up to one year in a country jail or a fine of not more than $10,000. In case the crime is a felony, the penalties may be imprisonment in state prison for two, three, or four years.

Possible legal defenses

An essential element for this type of assault is that the actions are likely to cause namely great bodily injury. Thus the accused can prove that the possibility for exactly great bodily injuries to occur was little. For example, in case one threw an item on a victim that had little weight, the person can't be sustain injuries from this action. Another possibility to defend from the penalties is to try to prove that the actions were conducted as self-defense. Thus the act was conducted willfully but there was no intent to cause great bodily injury to anyone.

Glendale Personal Injury Lawyer

These are possibilities in theory that can help with your defense, however, it is essential to have a professional lawyer to assist you and try to mitigate the penalties. If you have any questions, 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}.

Employees occasionally have the right to sue their employers under the California Fair Employment and Housing Act for workplace harassment committed by a non-supervisor. Employees have a right under the FEHA to be free from all forms of harassment including:

• an overseer
• a coworker who is not a supervisor
• certain unpaid individuals (such as clients or independent contractors)

What is the Law Regarding Supervisory Harassment in the Workplace?

Most individuals first consider supervisory harassment when they hear of workplace harassment. The FEHA prohibits the following types of supervisory harassment:

• Sexual harassment, when a supervisor asks for sexual favors or inappropriate behavior in exchange for employee advantages
• Non-sexual harassment, when a supervisor's severe or pervasive abusive behavior

The fact that the employer is strictly accountable for any harassment, regardless of the manner, is the most crucial concept to comprehend. If the victim's supervisor or a person with ever higher authority (for instance, the supervisor's supervisor) was responsible. This indicates that it did not matter if it took appropriate action to stop the harassment from occurring. If an employee sues, claiming that their supervisor harassed them, the employer may still be liable for damages.

Can Employees File Lawsuits for Non-Supervisory Employee Harassment at Work?

If an employee is experiencing harassment by non a supervisor, they may still take their employers to court under the Fair Employment and Housing Act. (This refers to hostile workplace harassment rather than sexual harassment for financial gain.) The employer is only liable in a workplace harassment lawsuit if the company was negligent. The following two conditions therefore need to be met:

• The employer was aware of the harassment or should have been aware of it
• The employer did not implement a prompt and suitable corrective action

This kind of litigation will center on whether the employer took action to stop harassment in the workplace. Another issue is how the company handled reports of harassment or other warning indicators. To the extent that the harassing behavior may have been clear to anybody in authority, the employer shall know about it. If this is the case, harassment is still illegal even if the victim does not disclose it. The employer must act quickly to halt it or they run the danger of being found negligent.

Can Employees File a Lawsuit for Harassment by a Client or Customer?

When an employee is experiencing harassment by a customer or client of the firm, particularly a significant one, whether it be sexual or otherwise, a difficult scenario occurs. The employer's natural impulse is to appease and appease the client or customer in order to keep their business. But it would be foolish to act on this instinct in light of California harassment law and the FEHA. Similar to how it would be for sexual harassment committed by a coworker, an employer is liable for third-party harassment if its conduct contributed to the harassment. Negligence is when an employer fails to take the necessary corrective action while knowing or having a duty to know about the harassment. All employers who are aware that their employees are experiencing harassment by clients, customers, or independent contractors must address the hostile work environment this produces. This is true even in circumstances when sexual harassment would appear to be almost certain (such as when a woman works in a jail for men).

Glendale Attorneys

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In California, victims of police misconduct, brutality, or excessive force can file a lawsuit. Typically, the lawsuit is based on civil rights violations. The victim may be awarded monetary damages in the lawsuit. It can also seek an injunction to prevent future wrongdoing. Also, it's possible that the officer will face criminal charges as a result of this.

What Is a Police Misconduct?

The term "police misconduct" refers to police officers who engage in illegal or inappropriate behavior. Discrimination, obstruction of justice, and other forms of police misconduct are examples of misconduct. Police misconduct is the illegal behavior of police officers, which takes various forms such as:

• Unlawful detention
• Police brutalities and use of excessive force
• Actions conducted by the police officer on reliance on racial profiling
• The false arrest of the victim
• Inappropriate use of police dogs
• Sexual harassment

These actions result in violations of the civil rights of the plaintiff, guaranteed by the U.S. Constitution, such as the right of the freedom from unreasonable searches and seizures, right to privacy, etc.

Who Are the Addresses of the Civil Lawsuits?

The respondents are police officers, sheriffs, other officers, representing law enforcement agencies. A bright example of police brutality is the use of excessive force by the police. This misconduct usually happens when the police try to arrest someone. As to the law, the police can use force during an arrest, however, only such force is reasonably necessary for the arrest. Taking into account the fact that the victim can run away from the police, can resist, etc. On a case-by-case basis, courts consider whether the use of force was reasonable and proportionate to the arrest, or whether the use of force surpasses the necessary and desirable threshold.

Racial Profiling as a Form of Police Misconduct

Though we live in a developed society of the 21st century, racial profiling can still be an issue. Everyone enjoys equal protection under the law and racial profiling cannot serve as a ground to suspect people of committing a crime. A person can file a lawsuit against the police officer if he proves that the unlawful detention, searches or seizures, or other actions conducted by the police officer were based on racial profiling.

A False Arrest as a Type of Police Misconduct

An arrest is when someone's freedom of movement is intentionally restricted. The person is forced to stay or go somewhere against his will as a result of the deprivation. A false arrest occurs when a peace officer has no legal authority to make an arrest. False arrests are a violation of the victim's right to due process under the Fourth Amendment. False imprisonments are another name for them. They may occur when:

• Without a warrant or probable cause, police make an arrest.
• To make an arrest, police use an invalid arrest warrant.

Without a warrant, some victims are detained. In these situations, the officer must demonstrate that he or she had probable cause. This necessitates demonstrating that there was reasonable cause to believe the person arrested had committed one of the following crimes:

• committing a felony
• any crime committed in the presence of the officer

Other arrests are made on the basis of a warrant. Even if the warrant was invalid, these could still be false arrests.

What Other Options Do I Have If I File a Lawsuit Against the Officer?

If the police officer found evidence during the misconduct (for example, during unlawful seizures and searches), the plaintiff can ask the court to exclude such evidence from the case. Other types of claims are possible to file against the police officer. The plaintiff can file a section 1983 claim or Biven's lawsuit against the police.

What is the Difference Between the Section 1983 Claim and Biven's Lawsuit?

Section 1983 claims can be filed for violations done under color of law, which means, conducted acts are legitimized by and are related to the role of the officer. Such lawsuits can be filed to receive such remedies as compensation for caused monetary damages or injunction by the court. Biven's claim is quite similar to the section 1983 lawsuit. However, it can be filed against such federal actors as DEA (Drug Enforcement Agency) FBI officers.

Glendale Personal Injury Lawyer

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Being an accessory after the fact is illegal under Penal Code 32 PC. Its definition is knowingly harboring, concealing, or assisting a felon in order to keep them from being under the arrest. This is a crime that carries a maximum sentence of three years in state prison.

Who is an "Accessory After the Fact" Under Section 32 of the California Penal Code?

Under the legal regulations, accessory after the fact means the person who "harbored, concealed or aided" the person who committed the felony to assist him to escape punishment. As a result, the presence of the following factors must be present in order to understand when one can be guilty for committing this violation:

• A felony shall be committed- a person cannot be convicted in case of a misdemeanor
• The person knowingly should assist the individual who committed the crime
• The person should have the intention to protect the individual from punishment
• The assistance should be provided after the commitment of the fact

Examples of Assistance to the Perpetrator

Let's examine the following situation. In case you hide me in your house after I come and announce that I killed my colleague and lie to the police the next day that you have not seen me, you shall violate Section 32 of the California Penal Code. Other violation will be if you hide the gun by which I shot my colleague. Thus, hiding and/or destroying evidence, concealing the criminal, providing a false alibi, or any other assistance, are examples of actions that an "accessory after the fact" can commit.

Difference Between Section 32 and Aiding or Abetting the Crime.

Aider or abettor of the crime is one who participates in the crime with the perpetrator. Let's examine the following situation. You can aider/abettor of the crime if me and you made a pact to murder a third person and you gave me a ride and also gave me the instrument of the crime. The distinction is that you were aware of the crime and had a role to play in it. In the case of Section 32 you became aware of the murder after it had occurred and aided me afterward.

Can a Person Who Failed to Reveal the Crime Also be Considered an Accessory After the Fact?

Failure to reveal the crime generally means refusing to give any information about the crime. For example, in case you did not assist me the evening when I committed the crime of killing my colleague, and in the morning refused to tell anything about the crime to the police, this will not mean that you violated Section 32. Even if you were a witness of the crime and failed to speak about it this does not make you a perpetrator-you will be a mere bystander. Thus, while failing to provide any information has no negative implications, in order to be guilty, a person must knowingly help the criminal after the latter has violated the law.

Punishment for the Crime

A prosecutor has the option of charging the accessory after the fact with either a felony or a misdemeanor. Depending on the details of the case and the individual's criminal background. In both circumstances, the maximum penalties is $5,000. If the violation is a crime, you can spend up to three years in state prison. If you commit a misdemeanor, you can spend up to a year in a country jail.

Glendale Attorneys

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The most crucial thing for workers to understand is that they must notify a supervisor right once of any workplace injuries they have. Your body might be damaged by an injury. It is a generic phrase that covers hurt brought on by accidents. You must disclose injuries that develop gradually as soon as you understand they are caused by your job.

What Do I Do If I Get Hurt at Work?

With a significant gig economy, constant building, and one of the largest entertainment sectors in the world, California is home to a number of thriving and expanding companies. Sadly, there will inevitably be serious accidents in such industries. Workers frequently suffer severe injuries as a result of another party's negligence. You may be able to file a personal injury claim after an accident to obtain compensation for your damages if you are an independent contractor. It might be challenging to determine whether your injury was brought on by a careless coworker. You should talk to an expert lawyer at KAASS Law about your legal rights and choices. Our skilled Glendale third-party work injury attorneys can investigate your case thoroughly and take legal action against the responsible party who brought about your trauma.

Familiar Types of Third-Party Work Injury Claims

Unfortunately, occupational accidents occur often throughout Los Angeles County. They frequently happen as a result of an accident that was started by a third party, such as a contractor. If you were hurt by one of these parties, file a personal injury claim to get compensated for your losses. You may bring a third-party personal injury claim in the following circumstances:

• Vehicle mishaps that occurred as you were commuting to work or between jobs
• Getting hit by a careless vehicle in a work zone.
• Being hurt while working as a contractor on a dangerous property
• Using substandard goods, such as faulty vehicle parts, heavy machinery, and power tools
• Slipping and falling in a poorly maintained or noncompliant office building
• Being hurt in an escalator.
• Being attacked because of a security issue.

It's crucial to get medical attention after any of these instances and notify the appropriate authorities, such as the police, a property owner, or animal control, about what happened. Your medical history as well as any reports will be very helpful in proving your case.

How to Establish Liability for a Workplace Injury

Depending on the kind of accident you were in, your liability may change. For instance, drivers have a general duty of care to others and are held responsible for any harm they cause. However, only safety risks that property owners should have fixed or reasonably should have known about subject them to liability. You have three main options for suing a third party for a work-related harm, including:

• Personal injury claims: are the most inclusive kind of claims you may make because they cover any third party that has harmed you.
• Claims for Premises Liability: are made against property owners who should have known about a safety issue.
• Product Liability Claims: Depending on who is at fault, you may be able to make a claim against the producer if you were hurt.

You should keep track of all the possible causes of a workplace injury in order to prove culpability. Witness testimony, witness statements, and visual evidence may all be crucial in your case.

When to Bring an Injury at Work Third Party Claim

Due to the negligence of third parties, numerous workers in California experience severe injuries that result in high medical costs. However, you may be able to recoup these expenses from the person who damaged you through a third-party claim. It is challenging to determine if you qualify to make a claim, so you shouldn't wait to speak with a lawyer following an accident. Our goal is to assist you in obtaining the highest settlement in order to make life easier.

Contact A Los Angeles Attorney

Look no further to receive compensation for your injuries after a work-related accident. If you or someone you know has been injured at work, feel free to contact our office at {meta.phoneFormatted}.

California law now allows workers and job seekers to refuse to accept their employer's arbitration agreement as of 2020. Your employer cannot fire you or take any other adverse action against you if you decline. Employees must, however, normally abide by any prior arbitration agreements. Employers and employees that have signed an arbitration agreement agree to settle any disputes through private arbitration rather than through a civil court case. Usually, when a new employee is entering the company, their documentation includes an arbitration agreement. The majority of the time, your business won't ever tell the employee that they must arbitrate any conflicts, and even fewer will explain what it implies.

What Exactly is an Arbitration Contract?

A contract stating that any disputes between an employee and employer must be resolved by private arbitration, not a California court, is known as an employment arbitration agreement. Such agreements are rarely found on their own documents and are usually included in a bigger agreement. Arbitration agreements can be brief and tucked away in a longer document. Alternative dispute resolution includes arbitration. In comparison to civil court litigation, it is a simpler, more efficient process. The fact that it is typically less expensive is another factor that appeals to employers. In the following aspects, arbitration and lawsuit are comparable:

• Both the employer and the employee may have legal representation
• The parties share information with one another
• It is possible to call and interrogate witnesses
• A decision-maker is the subject of a hearing

Why do Employers Insist That Workers Sign Arbitration Contracts?

Employers favor arbitration over civil action for a variety of reasons. Most importantly, arbitration is less expensive than civil litigation. They typically move forward considerably more rapidly and are consequently less expensive because they save so much on legal bills. Additionally, the parties share information considerably more swiftly during the discovery phase. Since there are typically fewer documents to analyze and consider, the process can move along more swiftly. Selecting the arbiter is a crucial component of the arbitration procedure' flexibility. In contrast to civil court proceedings where it is mandatory for them to comply with the judge, arbitration allows the parties to select an arbitrator who is knowledgeable in the subject area of the dispute. This has the downside that employers frequently attempt to select arbitrators who they believe will be helpful to their case.

Which Laws Apply to Arbitration Contracts?

Two significant laws, one produced by the California legislature and the other by the federal government, control arbitration:

• The California Arbitration Act (CAA)
• Act Federal Arbitration Act (FAA)

Each statute's particular criteria might vary, and disagreements between federal and California law are common. State laws are superseded by federal law, and any contradictions will be resolved in favor of the federal law.

What Kinds of Disputes are Eligible for Arbitration?

Any legal dispute that results from the employment connection between an employer and employee may be subject to arbitration agreements. The following claims are examples of those that could be arbitrated:

• Back pay issues in the workplace
• Charges of harassment
• Retaliation, discrimination
• Wrongful termination
• Litigation based on failure to promote
• Personal injury lawsuits connected to the workplace are all common

This is merely a representative list; a legal arbitration agreement should be addressing a resolution for many other types of conflict between an employee and an employer.

When is a Clause Requiring Arbitration Enforceable?

Arbitration agreements must follow specific guidelines in order to have support by federal and California law. These conditions must be met for an arbitration agreement to be enforceable. This means that an employee will not be able to file a lawsuit; rather, they must arbitrate problems in accordance with the contract. In California, all agreements must:

• Be reasonable
• Have support by a thought
• Written and signed without fraud, coercion, error, or incapacity

Conscionability is a legal term that describes fairness in contract discussions. An agreement's terms are deemed unconscionable if they unjustly favor one party over another, particularly if that party is regarded as the more powerful one, such an employer.

Glendale Attorneys

Do not hesitate to contact us if you have any questions concerning California's arbitration agreement rules or if you would want to privately discuss your case with one of our knowledgeable California employment attorneys. You can reach us at {meta.phoneFormatted}