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Can a Person Be Sued for Failure to Render Aid?

Most of the time, whether or not you choose to help a person who is in trouble is completely at your discretion. If you have the ability and can safely render aid, you may decide to help a person who is stuck on the side of the road or facing some other form of danger or trouble. However, is there ever a time when you could be sued if you don’t render aid to a person in need?

The answer is – it is highly unlikely. But we will look at a couple of circumstances where this is the case.

When Rendering Assistance Is Your Duty

According to California state law, there are only a couple of occasion when you are an obligation to help a person.

1. If you caused the person to be in danger – If you are involved in a car accident with someone, and they seem injured, call 911 and stay with the person until help arrives. Leaving a person that you have caused harm to, even inadvertently, could result in a lawsuit. What if you thought the injuries were minor, but the person died from internal bleeding after you left? You could be open both to a wrongful death suit and criminal charges.
2. If you have a special relationship with the person – For example, if a teacher sees a student in distress (e. threatening to jump off a bridge) and doesn’t stop to render aid or at least call for help, it may be possible for a family member of the student to sue the teacher for negligence,

Protecting Yourself from Negligence

To learn more about how to protect yourself from a negligence suit or to discuss your situation with a personal injury attorney, contact Petrov Law Firm today at 619-344-0360. Our experienced San Diego attorneys can give you the assistance you need to understand negligence cases in the state of California.

The Difference Between Fault or No-Fault States for Drivers

State-by-state car insurance works either under the presumption of fault or no-fault. What is the difference, and which regulations apply in the state of California? Read on for some important info if you are ever injured in a car accident.

What Is At-Fault Insurance?

At-fault insurance means that every accident will have a driver who is deemed the one to blame for the incident. Even if one driver is considered 51% in the wrong and the other 49%, someone has to be chosen as the at-fault driver. This means one driver’s insurance will be responsible for the other driver’s injuries. Your liability insurance will pay for the other driver’s injuries if you are at fault, and your insurance will only cover your injuries if you have personal injury protection (PIP) insurance.

What Is No-Fault Insurance?

In no-fault states, each driver’s insurance will cover his or her own injuries regardless of who caused the accident. In these states, PIP is mandatory (except in KY, NJ, and PA where a person can opt-out in writing). If you cause an accident, your liability coverage will still pay for the other driver’s car, so the no-fault coverage really just applies to injuries.

What Kind of State Is California?

Only 12 states have no-fault insurance, and California is not one of them. The good news is that if you are in an accident and the other person is at fault, your insurance premiums should not increase (in no-fault states, both drivers are affected). The downside is that the at-fault driver’s insurance may contest their driver being at fault, which could delay a payout.

Getting Help in an At-Fault Insurance Case

Whether the at-fault driver’s insurance is dragging their feet paying damages or offering way less than you should be receiving, Petrov Law Firm can help. Out personal injury attorneys specialize in car accident cases, so you can be confident of getting compensated for medical bills, lost wages, pain and suffering, and the like.  Just call 619-344-0360 to schedule your consultation.

Laws that Affect Skateboard Accidents in California

Many Californians enjoy skateboarding for both recreation and transportation purposes. Since the weather is often nice for skateboarding all year long in southern California, students may skate to school, employees may skate to work, and some gather at popular spots to enjoy some fun in the sun while boarding. Unfortunately, about 30 individuals a year die in skating accidents, often when struck by an automobile. Which California laws apply and how can you protect yourself?

California Laws Regarding Skateboarding

While many laws are individual to cities and counties, statewide it is required for all skateboarders under the age of 18 to wear a helmet. Drivers are required to pay attention to all pedestrian activity, and this extends to skateboarders. Additional laws regulate the use of skateboards on sidewalks (particularly motorized ones) and the use of skateboards on steep roads.

Be Safe While Skating

Here are a few tips to help prevent skateboarding injuries:

• Wear a helmet even if you are old enough for it not to be required. This can prevent a head injury if you fall from your board.
• Other protective gear is important as well. Elbow and knee pads, and particularly wrist guards, are all important when it comes to preventing broken bones in case of a fall.
• Avoid high traffic areas. Roadways filled with vehicles are no place for a person on a skateboard. This is especially true when it comes to freeways.

If You Are Injured in a Skateboarding Accident

If you or a loved one has been injured in a skateboarding accident with a motor vehicle, please contact the Petrov Law Firm to learn if the driver can be held liable for the accident. Our personal injury lawyers can help you to receive any compensation you may deserve. Call 619-344-0360 to learn more.

Dog Bite at Your Own Home

Frequently, dog owners assume that because the visitor was “rough-housing” with the dog, they are no longer liable for any injuries. Simply put, anytime your dog bites someone (unprovoked or not) you can face a personal injury charge.

If you have a homeowner’s insurance policy or renter’s insurance policy, the insurance company will pay out for the losses because of the dog bit. (And then likely cancel your policy.) If you don’t have any insurance coverage, the injured person will have to sue you for damages and losses. Either way, you will want to have a personal injury lawyer to help ensure that you are out at little money as possible.

If you end up in front of a judge, then most judges will consider any extenuating circumstances surrounding the dog bite. One, minor dog bite is not likely to lead to a judgement to have the dog put down. Again, a personal injury attorney can help and guide you through some steps to show the judge you are addressing any aggressive behaviours in your dog.

The injured person is probably going to have a lawyer pressing to get as much money out of the insurance policy (and your assets) as possible. You should have a personal injury attorney on your side to ensure you and your pet are equally protected.

Workers Comp, Employment Practices, and Personal Injury

As the injured party, you probably don’t care where or how you got hurt; you’ve been injured by no fault of your own and you want to recover your losses. However, where and how you got hurt makes a tremendous difference to the legal system. In order to find the right lawyer to help you, you need to have a working knowledge of the differences between employment practices, workers compensation, and personal injury cases.

Workers compensation cases are based on a physical or mental injury sustained by an employee while at work. For example, if you work in a warehouse and a shelf falls on you, then you have a workers compensation claim. The employer is responsible for the injuries because the accident occurred while you were on the job. Likewise, if you have a boss that constantly yells at you and threatens to fire you, you can develop stress-related health issues like anxiety and sleeplessness.

Employment practices is generally about sexual or emotional harassment and discrimination. Of course the typical example for sexual harassment is a boss demanding sex in exchange for a promotion. Realistically, harassment is more subtle, and includes a workplace environment where abusive or sexual jokes and unwelcome advances are commonplace. Discrimination lawsuits are generally based on ethnicity, age, and gender. Discrimination cases are harder to prove, but with several unrelated victims detailing the same problems, a lawyer can make a case for discrimination.

Personal injury takes place outside of the claimant’s workplace. Personal injury accidents include injuries sustained in a retail store, in a car accident, by a faulty product, etc. If you’ve been injured by no (or little) fault of you own, then you probably qualify for a personal injury lawsuit. One major exception is for accidents that happen in your own home. If you slip and fall while in your own kitchen, you can’t sue yourself or your homeowner’s insurance company for medical bills.

Why do I need a lawyer when I already have insurance?

If the accident costs rise above your insurance limits, you will want hire a lawyer to help you keep those costs as low as possible. Anything not covered by your insurance policy will come out of your pocket — either now or over the course of the next twenty years.

Even if the accident costs don’t rise above the limits of your insurance policy, it might be worth your time to ask a lawyer to review the case. If you’ve been deemed at fault, then you will be looking at a very steep hike in your insurance costs over the next five years. A good attorney can minimize the extent of your blame.

Lastly, if there is even the suggestion that anyone was injured, you will want a lawyer. The victims of an accident have years in which they can claim problems arising from an injury caused by the accident. Medical costs are high, and could easily use up your insurance coverage.

If you caused an auto accident, then you will probably have to pay — from delayed medical problems to expensive insurance hikes. Get an attorney to represent your best interests.

Where the Injury Occurs Determines the Type of Lawsuit

However, who you sue for these injuries depends on where the injuries occurred.

If you were working when the injuries occurred, then you do not have a personal injury claim. If you got hurt while at work, then you have a workers compensation claim. If you were not on the clock, but you were at your workplace for personal reasons, then you would then have a personal injury claim.

If you fell and sustained your injuries while you were at the grocery store (or any other private property except your own home) then you have a personal injury claim. Even if you don’t know the cause for the fall (such as a slippery floor), you can file a claim for a personal injury and an insurance company will likely pay out on the claim to make it go away.

If you fell on public property, like the sidewalk, you are most likely out of luck. While you can try to sue the city for negligence, you and your lawyer will carry the burden of proving the city was grossly at fault for the fall. A long-standing, well-reported, dangerous sidewalk might be sufficient evidence to get the city to bend and pay for some of your losses.

If you fell in your own home, then you will have to use your own personal health insurance policy to cover the injuries. Generally, homeowner policies will not cover the expenses of an injury to the homeowner or resident. If a guest falls in your home, then your homeowner’s policy will cover the cost of the guest’s expenses.2626

Victim of a Holdup

Perhaps you were shopping at the convenience store, checking into a motel, or simply using the ATM, and you and the business were robbed. Your routine activity became part of a criminal act. Generally, the hold-up is over as quickly as it began. Suddenly, you’re lying on the floor, your wallet is gone, and the criminals are speeding away in car.

If you’ve been the victim of a crime like this, you know the aftermath continues for years. Nightmares, paranoia, and agoraphobia are just few of the symptoms you suffer. But who is responsible for helping you with these post-trauma symptoms?

No business can guarantee that a crime won’t occur on its premise. However, businesses have a responsibility to their employees and clients to enact reasonable crime-prevention methods to deter criminals. Working cameras, proper lighting, and internal cash-handling procedures can reduce the likelihood of crime significantly.

Just as in a physical injury (slip and fall) that happens on a commercial property, businesses are responsible for the emotional distress from a hold-up or robbery. You might be eligible for recouping the cost of psychological treatment, anxiety medications, and lost wages.

You might (or might not) receive a letter from the business or its insurance company indicating how much time you have to submit a claim. A personal injury attorney will be able to investigate the company’s insurance policy to see if your losses and costs are already listed as covered expenses.

You are the victim of a preventable crime. Make sure to hold the business responsible for keeping you safe.