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PRESERVE YOUR EVIDENCE

In most slip and fall and other premises liability cases, it is the burden of the injured party to prove the negligence of the defendant. One of the elements in proving negligence is showing the defendant had actual or constructive notice of the dangerous, hazardous or defective condition. The injured party or Plaintiff must prove that the defendant (eg. property…read more →

BUYER BEWARE OF “NON-DISPARAGING CLAUSES” WHEN MAKING ON-LINE PURCHASES

It is estimated that there will be over $259 billion in on-line purchases in 2013.  So on this “Cyber Monday” we should all take a little caution when we scroll down through the legal “mumbo jumbo” and just click “Accept” when making an on-line purchase.   Appearing more and more in these acceptance provisions are “non-disparaging” clauses which give the company…read more →

ARE OUR CONSTITUTIONAL RIGHTS BEING EATEN AWAY? FOOD FOR THOUGHT

Corporate America, with the help of the U.S Chamber of Commerce, is using its power and influence to weaken individual rights. Encouraged by recent Supreme Court decisions upholding the enforceability of clauses requiring disputes to be resolved through arbitration and not by trial by jury, these forced arbitration clauses have become commonplace. Unbeknownst to most consumers, these clauses appear in…read more →

FATAL MOTORCYCLE ACCIDENTS INVOLVING HIT-AND-RUN AND NEGLIGENT DRIVERS; UNDERSTANDING LANE SPLITTING AND SHARING THE ROAD

Early this morning a hit–and-run driver struck and killed a motorcyclist in Boyle Heights.  The victim was 54 year old Los Angels probation officer, Ken Hamilton who was returning home from work.  The Los Angeles Police Department report that Hamilton was struck by a silver four door Honda Civic DX that was changing lanes.  The vehicle’s side mirror was sheared…read more →

SLOWER REACTION TIME DUE TO ALCOHOL CONSUMPTION CONTRIBUTES TO CHILD’S DEATH

Back in May and June of this year I blogged about the dangers of drinking and driving. Now, a six year old boy was run down and killed by a suspected DUI driver. According to Riverside county sheriff department spokespeople and jail records, a man suspected of fatally striking a 6-year-old boy who ran in front of his car Sunday, Sept….read more →

RECENT TEENAGE DEATH SHOULD BE A CALL TO ACTION

Approximately a month ago, I blogged about putting a stop to bullying. I wrote about the need to implement and enforce  anti-bullying policies in schools. Sadly, the recent suicide of bullied teenager, Rebecca Ann Sedwick, is a tragic reflection of how out of control and devastating bullying has become in American schools.  As an advocate against injustice, I feel Rebecca’s…read more →

TEXTING AND DRIVING RESULT IN ACCIDENT AND INJURY

Since California outlawed texting and driving in 2008, the rate of texting while driving has almost doubled.  This increase, despite the ban, can be attributed to the overall increase in texting and the ability to easily conceal the practice while driving. Studies reflect that drivers using hand-held devices are four times as likely to get seriously injured in crashes.  This rate…read more →

PUTTING A STOP TO BULLYING

There has been a lot of reports of bullying in the news lately. Some of these stories have had tragic outcomes.  Our elected leaders have been forced to realize that bullying can no longer be viewed as “a part of growing up” or “right of passage” and the behavior and conduct can no longer be accepted. 49 states have implemented…read more →

FIREWORKS SAFETY AND KEEPING A SAFE DISTANCE

Attorney Newsletter The recent 4th of July Simi Valley fireworks catastrophe should be a very real reminder why safety precautions should be taken and respected when shooting off fireworks.  Apparently, a rack of fireworks fell over, setting off others and firing across the field into the crowd of spectators. It is reported that 39 people were injured as many in…read more →

DON’T DRINK AND DRIVE IN SHERMAN OAKS. JUST ASK THE POLICE WHO HAVE

Recently, the California Highway Patrol (“CHP”) arrested 25 year veteran Los Angeles Police Department (“LAPD”) Captain, Steve Ruiz, for DUI drunk driving on the 101 Freeway near Woodman Avenue in Sherman Oaks. Instead of being booked and taken into custody, his vehicle was impounded and he was released to either a family member or friend. Ruiz’s field sobriety test and…read more →