negligence

Property Owners are Responsible for Their Swimming Pools

July 30, 2020 | Gregory J. Brod

According to the CDC, 3,500 people die from unintentional drownings not related to boating every year. Many of those deaths occur in swimming pools located on the properties of hotels, apartment buildings, and condominium complexes. The owners of these properties are responsible for ensuring that their swimming pools are safe and that they have warning signs up regarding the risks associated with swimming pools. When property owners fail to do this and someone becomes injured or killed in their swimming pool, they can be held liable.

Responsibility of Property Owners

Property owners are responsible for ensuring that their property is safe and well maintained, and that includes swimming pools on the property. When it comes to swimming pools specifically, property owners are responsible for:

Who is Responsible in an Electric Scooter Accident?

October 17, 2018 | Gregory J. Brod

Even though electric scooters (e-scooters), such as Bird, Lime, Jump, and Spin are still relatively new to urban streets, there have already been thousands of e-scooter accidents all across the country. You should always abide by California laws and practice safety while on the road, but sometimes accidents are unavoidable. If you have been injured in an e-scooter accident, whether as the rider or as a pedestrian, you may be wondering who is responsible for your injuries. That depends on who was at fault in the accident. The scenarios below outline some of the most common forms of e-scooter accidents and who is at fault and responsible in each scenario.

Who is Responsible in an Electric Scooter Accident?

Rider

Brius Healthcare Services in California Facing Another Wrongful Death Lawsuit

February 2, 2018 | Gregory J. Brod

Another wrongful death lawsuit has been brought against Brius Healthcare Services for the negligent care provided at its Granada Rehabilitation & Wellness Center. The suit alleges that an elderly patient, Jeanette Sharp, died after the staff at Granada allowed a significant amount of fecal matter to build up in her colon. According to reports, physicians removed up to four liters of fecal matter, some of which was spilling into the patient’s abdominal cavity and had reach the exit of Sharp’s stomach. By the time the patient received surgical intervention on April 4, 2017, the situation was dire. Sharp passed away the same day of the procedure.

Granada Staff Allegedly Provided Negligent Care

The lawsuit filed against Brius Healthcare Services states that the staff at Granada failed to monitor Sharp’s bowel movements. Sharp had dementia and was likely unable to self-monitor. Over an extended period of time without bowel movements, the fecal matter accumulated and filled Sharp’s digestive system.

Understanding Comparative Negligence in California

November 18, 2016 | Gregory J. Brod

When a vehicle accident happens, it is often caused by the negligence of one of the drivers. Sometimes, however, more than one driver may have done something to contribute to the accident. In California, you may be partially responsible for an accident and still recover damages from the other driver. This system is known as comparative negligence. Although not all states participate in this method of allocating liability, California follows what is called “pure comparative negligence.”

Pure Comparative Negligence

The system of deciding fault for an accident in California is based on pure comparative negligence. This means that when an accident occurs, all drivers who are involved are assigned a portion of responsibility for the crash. Each party may then receive any damage awards based on these percentages. For those who were partly liable for the crash, the system is a fair way to apportion fault and compensation.