Personal Injury

FRAUDULENT HEALTH CARE AND PRIVATE INSURANCE CLAIMS IN DRUG AND ALCOHOL REHAB FACILITIES

FRAUDULENT HEALTH CARE AND PRIVATE INSURANCE CLAIMS IN DRUG AND ALCOHOL REHAB FACILITIES

Whistleblower/Qui Tam/Relator Actions Utilizing The California Insurance Fraud Prevention Act (IFPA). The California legislature passed The California Insurance Fraud Prevention Act (IFPA), California Insurance Code section 1871.7, designed to combat healthcare fraud committed by individuals, organizations and companies.  “Health insurance fraud is a particular problem for health insurance policyholders. Although there are no precise figures, it is believed that fraudulent…read more →

ALCOHOL AND DRUG REHAB CENTER INJURY CLAIMS

ALCOHOL AND DRUG REHAB CENTER INJURY CLAIMS

Recently, CNN reported that since 1999, the number of opioid overdose deaths has quadrupled. Since the year 2000, more than a half million people have died from drug overdoses in America.  According to the Center for Disease Control and Prevention, an estimated 91 Americans die every day from opioid addiction and for every death, 30 more of users of opioid…read more →

IF A DOG BITES SOMEONE IN CALIFORNIA, CAN IT BE PUT DOWN?

IF A DOG BITES SOMEONE IN CALIFORNIA, CAN IT BE PUT DOWN?

In general, the owner of a dog that bites someone is strictly liable for the injuries and damages suffered by the person who is bitten by the dog. Factors as to whether the person bitten is in a public place, lawfully in a private place, including the property of the dog owner will come into play as well as to…read more →

AYY CHIUAHUA! Tips On How To Avoid Getting Bitten By a Dog

AYY CHIUAHUA! Tips On How To Avoid Getting Bitten By a Dog

A recent study at the University of Pennsylvania found that the dog breed that bites the most is the Chihuahua.  While being the smallest of dog breeds, Chihuahuas tend to be the most aggressive.  Their aggressive temperament is based in fear and their tendency to overreact to things given their small size. The dog owners best way to deal with…read more →

March Madness is also Brain Injury Awareness Month

March isn’t all about college basketball. In fact, March is also Brain Injury Awareness Month. With approximately 1.7 million traumatic brain injuries occurring in the United States each year, access to medical treatment and disease management is critical. Millions of families live with the challenges that come along with brain injuries, and March is about recognizing and honoring their successes…read more →

Elements for proving the existence of negligence or fault in a slip and fall or premises liability incident

A failure to warn or repair the condition constitutes negligence. Rowland v. Christian (1968) 69 Cal 2d 108, Fitch v. Le Beau (1969) 1 Cal App 3d 320.  The landowner has an affirmative duty to use ordinary care to keep the property in a reasonably safe condition and is liable for injuries caused by uncorrected condition that would have been…read more →

Individual and shared fault and liability

For many years California has recognized and encouraged the doctrine of joint and several liability. American Motorcycle Assoc. v. Superior Court, 20 Cal. 3d 578 (1978) reaffirmed the commitment to this basic principle: “First, we conclude that our adoption of comparative negligence to ameliorate the inequitable consequences of the contributory negligence rule does not warrant the abolition or contraction of…read more →

Responsibility for injuries arising out of the respondeat superior relationship

“The rule of respondeat superior is familiar and simply stated: an employer is vicariously liable for the torts of its employees committed within the scope of the employment. Equally well established, if somewhat surprising on first encounter, is the principle that an employee’s willful, malicious and even criminal torts may fall within the scope of his or her employment for…read more →

Agency vs. Independent Contractor

“Agency and independent contractorship are not necessarily mutually exclusive legal categories as independent contractor and servant or employee are. . . . One who contracts to act on behalf of another and subject to the other’s control, except with respect to his physical conduct, is both an agent and an independent contractor.” [emphais added] (City of Los Angeles v. Meyers…read more →

Elements for Proving the Existence of Agency in a Tort Cause of Action

Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” “The existence of an agency is a factual question within the province of the trier of fact whose determination may not be disturbed on appeal if supported by substantial evidence.” (L. Byron Culver & Associates…read more →

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