Common Accidents:  Some of the most common accidents and corresponding injuries to befall victims are provided for below …

• Slip and fall accidents caused by wet and oily surfaces
• Trip and falls
• Defective stairways
• Collapsing or caved in roof
• Fires which result in burn injuries and smoke inhalation
• Contraction of bed bugs and bed bug bites
• Acts of assault and battery caused by inadequate security
• Acts of sexual violence
• Dog bites and animal attacks
• Elevator accidents
• Exposure to other toxic fumes and chemicals
• Drowning in swimming pools
• Carbone monoxide poisoning
• Wrongful Death
• Defective appliances

Who is Liable Should I Get Injured while at an AIRBNB Rental?

Liability for injuries depends on a number of factors. First, you can hold the property owner responsible for the harm you have suffered. A property owner who decides to rent his or her property for profit owes a duty of care to the renting party. Generally, if you rent a property you are entitled to have it be safe from potential harm. This is very similar to renting a hotel room, where you have an expectation that the property will be free from any defects. Similarly, renting a property from an AIRBNB owner extends you the expectation that the property will be free from any known defects. This duty also extends to issues with the property that could have been identified through reasonable inspection.

Duty to Inspect: Typically, a property owner must perform a reasonable inspection of a property every so often. They must take the time to actually inspect the property and identify whether any threats or issues may exist and promptly move to correct them. Failure to either inspect for issues or to correct known issues will hold the property owner liable for any harm sustained by renting party or tenant. Commonly, there may be problems with the grounds themselves, such as holes in the dirt that could cause people to trip or trees with broken branches that could potentially fall while someone is walking below. Property owners must be aware of these issues within a reasonable time.

Second, you may have a potential claim against AIRBNB as well. Even though AIRBNB is technically not the owner of the property and merely a platform through which you can rent, they still share responsibility. AIRBNB is liable when they hold the property out to be safe and it turns out to be dangerous. In such cases, the consumer has an expectation that AIRBNB will provide a safe place, free from defects that may cause injury. Upon failing to provide a safe place, AIRBNB can be said to have not met its end of the bargain, which can be considered grounds for a lawsuit.

Finally, specific insurance exists to cover for almost most injuries. However, this is very coverage specific and will depend on whether there was any notice. You should talk with an experienced attorney and your insurance provider to determine if you have or can apply for special or specific coverage.

Premises Liability Laws 

If you intend to file a premises liability lawsuit, you should be aware that there are different types of visitors that can be present on a property.

The first is an invitee; invitees are essentially customers who enter a premises for a mutual benefit. They aim to spend money and receive a service at a store, for instance. Those who rent AIRBNB homes fall into this category. They are afforded the highest duty of care and should be kept as safe as possible by the property owner. It does not matter if the property owner is not actually present on the property.

Licensees are those who enter premises as social guests. They are not browsing with an intention of making any purchases. Other licensees may be door to door salesmen. Someone who enters an AIRBNB but is not part of the rental agreement may have legal cause to sue in the event of an injury.

Finally, trespassers are those who have no legal right to be on your property. Although it is perfectly acceptable for you to have deterrents and alarm systems set up to keep trespassers and intruders out, you cannot purposely set up traps that would harm trespassers, especially if they are only passing through. A common example of this is if your yard has no fence and is a popular shortcut from one street to another. While trespassers have fewer rights than invitees and licensees, they must still be given a duty of care, albeit diminished.

If you are curious which category you fall into and wish to take legal action against a property owner or against AIRBNB, contact one of our accomplished lawyers today.

Steps to Take if Injured in an Air B N B Rental

There are several steps you should take in order to preserve your legal right to recovery for the damages you have suffered.

• If injured, seek medical attention immediately: Call 911 and have an ambulance transport you to hospital. Make sure you inform the medical doctors of all your injuries; be as detailed as possible. Insurance companies often use the argument that a claimant could not have suffered injuries because there was no immediate medical attention. In order to mitigate that excuse, all victims should be evaluated for their injuries and commence medical treatment as soon as possible following the incident. Even if you do not feel as though you have been wounded, seek help anyway; a medical professional may determine that there is something wrong with you that you missed due to adrenaline.
• Gather evidence: Take pictures of the cause of the accident and the premises itself. If there are any witnesses, make sure you take down their contact information and record their statements and testimonies. It will also come in handy if you have photos of your injuries, video evidence of how the faulty incident occurred, and more.
• Keep all receipts and documents showing that you were a paying customer of AIRBNB and the specific property on which you were injured. Your credit card statement, email of confirmation, and more can all be used to prove that you were the renter of the home during the specific time period in which you were hurt.
• Do not speak with the property owner regarding the accident. Any comment you make can be used against you during the trial.
• Do not speak with any insurance adjusters that may contact you. The goal of an insurance adjuster is to reduce or eliminate any chances you may have of recovery, and he will use any trick in the book in order to achieve this. Sometimes, they will request that you take a free rental for a weekend or offer a gift card of some kind. If you accept this compensation, you the insurance company will argue that you cannot seek additional damages because an agreement was already reached.
• Seek legal assistance from our experienced personal injury lawyers: Once our law firm is involved in your case, we will do what it takes to win your case. It will be difficult for you to file a claim and win it by yourself, and assistance is available.

A common question that is asked is, “Do I need a lawyer?” The answer is yes: you should absolutely hire a lawyer in the event that you sustain damages while at an AIRBNB. Insurance agencies tend to be extremely fickle and will refuse to pay whatever they can to victims of physical injuries. You may not have the time or energy to negotiate with an insurance agent, especially one who constantly rejects your claim or ignores it. A skilled lawyer will be able to stay on top of your case and ensure that it is swiftly dealt with.

With an attorney, you will be able to prove that you were owed a duty of care, the duty of care was breached, the breach resulted in an accident, and the accident led to physical injuries.

Common AIRBNB Injuries

Depending on whether it is a house or apartment that was rented through AIRBNB, we have seen different types of injuries. It is common for certain exposed re-bar issues to exist caused a trip and fall. In other situations, you have plumbing issues, which can cause serious slip and fall injuries because of water spillage or other liquids on the floor. For example, a leaky toilet could create a slippery floor that may cause someone to lose his balance when he enters the bathroom, and upon falling, could hit his head on the porcelain bathtub or sink.

When dealing with an apartment building, you see different types of issues, particularly when you have balconies that are not properly secured. This can easily lead to falls from great heights if a railing is loose, broken, or rusted, or if too many people are on the balcony at once. In other situations, you see collapsing ceilings or balconies in general, which can cause devastating injuries. Not only does this pose a threat to anyone standing on the balcony, but it also places those below in danger as well.

Typically, the most common injuries occur when the property has leaks that result in falls. Other times, balconies and stairs are not properly maintained, which in turn results in serious injuries to occupants. Usually, the problem is with the property owners who have a rental unit and decide to rent the unit to turn a profit. As such, you naturally have a number of people who don’t properly inspect the unit. Property owners may even let various occupants stay there consecutively before inspecting the home.

In certain situations, you have people who rent the unit as a side way of earning a profit. However, in other situations, you have more seasoned property owners who are involved in the rental. As such, you can argue that they have a more heightened duty of care since this, in essence, is a business for them.

– AIRBNB Accident Attorney – Can I Sue for Injuries

Common Injuries:  Some of the most common injuries resulting from the negligence of Air B N B property owners, leaseholders, and managers include the following.

• Back and neck injuries: Injury to the spinal column can be devastating to the victim, often resulting in chronic pain and the inability to work. Victims should be evaluated by a spinal cord specialist, such as a pain management doctor or any orthopedists specializing in damage to the spinal column. Common treatment options may include physical therapy, chiropractic care, epidural injections, and in some instances, procedures to remove a bulging or herniated disc.
• Head injuries: A traumatic brain injury is in many ways to the most serious type of harm to a victim because it can change who the person is. Common causes of head injuries can include slip and fall accidents, falling objects, falls from stairways, and acts of assault and battery. Clear indications of a brain injury can include a short term loss of consciousness, slurred speech, and cognitive problems. A concussion is the most commonly seen head injury.
• Shoulder damage: Any type of pain in the shoulder should be taken seriously. Victims need to be evaluated by an orthopedic doctor with a specialty in shoulder damage in order to determine the extent of their injuries. Common shoulder injuries can include rotator cuff tears and shoulder dislocations. These injuries may take months to heal, even with physical therapy, and the ability to return to a regular range of motion may be negatively impacted by the severity of the damage.
• Broken ankle and knee injuries: Common knee injuries include tears to the MCL or ACL, meniscus, and shattered kneecaps. Broken and sprained ankles often happen in falls where victims try to catch themselves or when victims step in holes or on faulty stairs that give way beneath them.
• Facial injuries: This may include a broken nose, severe lacerations resulting in scarring, damage to the jaw resulting in TMJ injuries, and facial nerve damage resulting in paralysis. Eye injuries are also possible.
• Tinnitus and other damage to the ear: Damage to the ear can result from slip and falls. Common signs of tinnitus are chronic ringing in the ear or a high pitched whine, as well as the inability to clearly hear and discern sound. A victim should be evaluated by an ENT (ear, nose, and throat) doctor. If there is any form of hearing loss, the ENT specialist will refer the patient to an audiologist.
• Hand and wrist injuries: Many victims will attempt to dampen their falls by placing their hands in front of their falling bodies. This can result in severe damage to the hands and wrists due to the high amount of gravity and body weight being pushed onto such small bones.
• Other injuries include fire and burn injuries, smoke inhalation, carbon monoxide poisoning, inhalation of toxic mold, and bites from bed bug infestations. All of these damages are unique in their own rights and require specific kinds of medical care.
• Psychological damage: One of the most overlooked injuries is the damage to a person’s mental health following a traumatic event. An act of violence, including assault and battery and sexual assault, usually results in the highest levels of mental suffering. It can be mentally debilitating to enter the home of a person with whom you are unfamiliar, and strangers may trigger anxiety or crippling fear.

Scooter Injuries at AirBNB Locations

One of the fastest rising causes of injury at AirBNB is electronic scooters. Some individuals ask us questions like:

• Can I sue for tripping over a Bird scooter left on the ground?
• Can I file a lawsuit for falling over an Uber scooter on the ground?
• Can I sue for getting hurt by a Lime scooter left on the sidewalk at an AirBNB?

The answer is yes. You may be able to file a claim against either the scooter company or the AirBNB, depending on the circumstances of the incident. You should reasonably expect that the property is safe from hazards, and the property owner should ensure that there are no issues. If there is a tendency for neighbors to leave scooters on the property, the owner should sufficiently inform you of this so that you do not get injured during your stay.

Calculating the Value of A Personal Injury Case

If you have suffered any of the above injuries because of an accident or an incident at an AIRBNB, reach out one of our highly qualified Los Angeles lawyers today.

Compensation for Victims

Individuals who have suffered harm that was caused by the wrongful actions of others are entitled to monetary recovery for all of their damages and injuries. Victims are entitled to recovery for the following:

• All current and future medical treatments, surgery costs, medication fees, and physical rehabilitation costs
• Damage to property, loss of property, or replacement of property
• Loss of income and future potential loss of earnings due to extensive physical damage or an inability to return to work because of recovery or medical treatments
• Emotional distress and pain and suffering, which are non-economic damages that cover PTSD, fear, anxiety, psychological stress, mental scarring, and more

Gym Accident Injury Lawyer

Punitive Damages Compensation:  Courts can grant punitive damage compensation in cases where the at-fault party acted with either the intent to cause harm or acted in reckless indifference or gross negligence of the life and health of tenants. These damages are merely additional forms of monetary compensation that are intended to punish the defendant for his actions. Examples of intentional conduct can include assault and battery, sexual assault, rape, and molestation.  Reckless or grossly negligent conduct can be established if the at fault party knew that his actions or inactions could result in a substantially high likelihood of harm to others. An example of reckless behavior may be a property owner who knows that a railing of a stairway is loose and that there have been prior instances of accidents because of the defect, yet there is no action taken by him to resolve the problem. Under federal and state law, punitive damages may not exceed 10 times the actual damages an individual has suffered. However, only skilled and talented lawyers will be able to secure these damages for you due to the fact that many courts view them as excessive.

Statute of Limitations on AirBNB Claims

In California, the statute of limitations to file a premises liability lawsuit is 2 years from the date of the injury. If you do not file a claim within this time period, you will be unable to collect any compensation in the future. It is important that you act quickly when you wish to file a claim; the longer you wait, the more likely it is that your evidence will get corrupted or lost over time, and you will have a harder chance proving your side. The statute of limitations allows both parties sufficient time to gather evidence and to build a case against one another.
There are a few situations in which the statute of limitations can be extended beyond the 2 year limit, however. These scenarios include the following:
• Minors: Individuals under the age of 18 years old cannot legally sue, and thus the statute of limitations will not count down until they turn 18 years old.
• Incapacitated individuals: Some accidents may result in victims being left physically incapacitated, as in a coma, or mentally incapacitated, as in suffering from an emotional breakdown. The degree of the incident and the ensuing injuries can both influence these possibilities and cause such severe results. The victim will not have to adhere to the statute of limitations until he returns to functional health or presence of mind.
• Absent defendant: If you wish to file a lawsuit but the defendant is not present in the state, the statute of limitations will not count down. Instead, it will be frozen until he returns to California. It can be frozen at any point throughout the time frame.
The main reason that many individuals do not get the compensation they deserve is because they do not know what the statute of limitations is on their claim. They may not know if there is a time limit, how close they are, or if they are eligible for any extensions. If you come to our firm, we will be able to tell you the deadline for your case and help you submit your claim so that it does not get thrown out due to inactivity.

Our Law Firm’s Promise

Our team of skilled attorneys at Normandie Law Firm promises to do all we can to bring you the compensation you deserve for any injuries sustained while renting an AIRBNB. You should not be expected to cover all of the expenses related to your injuries if the fault can be attributed to another party. With the help of our law firm, you can rest assured knowing that your case is in good hands. Our aggressive lawyers will not stop negotiating with the insurance agency until we reach a settlement you are happy with, and if we are still unable to bring you a worthwhile amount of restitution, we will gladly take your case to court.

Cost of Legal Representation:  All personal injury cases are handled by our firm on a contingency fee basis. This means that you will not have to pay upfront for any legal fees or costs. Our fees are tied to your settlement; in other words, if we cannot win your case, you will not owe us a single penny. We will cover all the costs we expended if we lose. We make sure that your personal out of pocket finances are never touched when you seek legal action; we believe that you should not have to spend your own money when pursuing compensation because of the negligent actions of another party. To learn more about our ZERO FEE Guarantee, see here.

Free Attorney Consultation: If you have been harmed or injured from renting an AIRBNB unit you may be entitled to compensation. Feel free to contact our offices. All case reviews and legal consultations are provided by our firm completely free of charge. During the consultation, you can receive details about the lawsuit and what the value of your case may be, and we welcome you to ask us any questions you have. Further, all of our consultations are completely confidential; you will never have to worry about your personal information and the contents of your case being exposed anywhere else.

For more information filing a lawsuit against AIRBNB or a property owner, get in touch with an experienced lawyer at Normandie Law Firm in Los Angeles, CA.

 Who is responsible – Premises Liability Claim

While reports are still not clear as to who is at fault, it is possible that multiple parties are responsible. First, it appears that the record label responsible for putting on the event would have responsibility for this loss. According to the initial reports proper permits were never pulled for the event. As a result the location for the event was likely improper as it failed to have appropriate safety measures i.e. sprinkler systems and exits. In such a case it is likely that the record label would be responsible for the negligent planning and selection of the venue.

Second, the venue owner would also be responsible for the harm suffered. It is likely that before the venue was selected a contract was signed by all parties. It is likely that the venue owners knew the purpose of the event. In such a case the venue/property owners should have known of the potential for danger. As such they should have either acted with care and NOT rented out the venue or they should have take appropriate measures.

It is likely that other parties including promotion companies and other entities the profited from the event would be liable. However, it is still not known who the appropriate parties are. We are still investigating all of the different parties responsible and will update our findings when we find out more.

Filing a Wrongful Death Lawsuit – Who can present a claim?

Any person who was injured can present a claim. While initial reports indicated as many as 40 fatalities, it is still unclear. If your loved ones were killed in this tragedy and heir would have a claim. What is considered an heir in California? An heir is a living immediate relative who can present a claim. Typically this would be a wife, sibling, parent or child who survived the deceased. Immediate family members are include any children, parents and or siblings. However, if the children are under the age of 18 they will require a guardian in order to present a claim. Usually, this can be any court appointed guardian.

Funeral expenses and other costs associated with the Death of a Loved One

Who is responsible for the funeral expenses and costs? It is the responsibility of the at fault party to cover such expenses. However, it is unlikely that any advances would be provided to cover such costs. This is likely going to be due to parties not wanting to take their share of responsibility for the harm. In such cases programs do exist to help with the families costs. Our office can help point you in the right direction if you have any questions.

Due to the size of this tragedy the story still remains to be told. It is incalculable to measure the value of the lives lost and no amount of money will ever make these families whole. However, it is the responsibility of the at fault parties to come forward and provide financial relief so that the families can try and rebuild their lives. If you have any questions about this fire or have any eye witness information to add please contact our office to discuss. We are currently investigating a number of different claims and are interested in hearing from all parties to better understand the situation. Our office is open 24/7 and we take will every possible step to ensure that you’re taken care of during this time.  All cases are done a contingency fee basis, which means no recovery no fee.

Our law firm is currently investigating potential claims on behalf in victims who suffered from severe complications due to the food poising outbreak. Common symptoms of individuals who were transported to the hospital include severe diarrhea, vomiting, and nausea. The may be several dozen victims many of whom have yet to be indetified.

There were an eclectic collection of people at the thanksgiving dinner coordinated by a local church including the elderly from nursing homes and long term care facilities, mentally and physical handicapped and the homeless.

Recovery Available for Victims of Food Poisoning:  Individuals who have fallen severely ill due to a food borne illness or contamination are owed the right to seek financial recovery for all damages they have incurred. Common factors in determining the potential value of a food borne illness claim are provided for below.

• The extent and severity of the damage suffered
• The long term implications of the disease for the victim
• Medical costs incurred: Including hospitalizing, recovery, treatment and any future likely medical costs.
• Loss of income and future earning capacity resulting from long term injuries and permanent disabilities due to the harm suffered.
• Non-economic damages: This includes pain and suffering, emotional distress, and post traumatic stress.
• Availability for Punitive Damages: Punitive damages can be awarded in cases where the at fault party acted with the intent to cause harm or displayed reckless conduct resulting in the harm suffered.

Wrongful Death Lawsuits: In the state of California family members of a deceased individual have the right to seek financial compensation from all at fault parties. For more information on wrongful death claims see here…

Free Attorney Consultation Available:  If you or a loved one have suffered harm due to recent outbreak of a food borne illness during the Thanksgiving meal and have any please questions regarding your right to compensation contact our law offices. All legal consultations are provided my our attorneys free of charge.

Further Information:

Top 10 Causes of Food Poisoning

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Top Ten Causes of Rideshare Accidents:

1. Inattentive drivers: Because of passengers in their vehicles drivers of rideshares are often distracted while driving. This results in a heightened level of risk to passengers.
2. Speeding while driving:  Rideshare drivers are considered common carriers. Similar to bus drivers and train conductors they have heightened duty of care while driving passengers.
3. Drunk driving or driving under the influence of a narcotic substance.
4. Driver Fatigue- Driving While Drowsy: Rideshare driver often drive for many hours using several different accounts. It have been estimated that driver fatigue is as dangerous as driving while under the influence of an intoxicating substance.
5. Failure to property maintain vehicle:  This can include failure in the breaking system, airbag failure, tire blowouts, steering issues which can expose individual passengers to a heightened risk of harm.
6. Running Stop Sings and Red Lights.
7. Unsafe Lane Change.
8. Tailgating: Driving too close to the vehicle in front of your is the primary factor for most rear end auto accidents in the United States.
9. Acts of nature: High winds, torrential rain, ice and sleet can result in accidents.
10. Road Rage: According to statistics incidents of road rage result in thousands of accidents each year.

Further Information: If you have any further legal questions regarding rideshare accidents feel free to contact our offices. All consultation with our attorneys is free of charge.

OUR ATTORNEYS WILL HELP YOU FILE YOUR CASE AGAINST UBER/LYFT

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• Average Settlement Value of Uber/Lyft Accident Lawsuit Case
• Uber Accident Lawyer

Device Recall-Liability

PoolEye PE12 with UPC codes 628208165125 is the particular device that has been recalled. According to the reports, this device had reversed the positioning of the on and off switch. As a result, many of the users believed that the device was switched to the ON position, when in-fact it was OFF. This in turn failed to notify the parents that a child had entered the water causing serious injury and or death.

In such cases liability can extend to the manufacturer of the device. While it will likely be on a comparative basis, a manufacturer will be liable when they place into the stream of commerce a device that is defective. Defective devices can be from either a manufacturer defect, design defect or failure to warn. When the entire design of the product is wrong or inherently defective it would be considered to be a design defect. In such cases the manufacturer of the device will be held strictly liable for the injuries sustained.

Pursuing the Case – Defective Product Lawsuit

In such cases the manufacturer will have obvious counter arguments. First, they will argue that the supervising party was negligent in not looking after the child. This argument is moot, because the device was intended to provide a sense of security. In fact it would see that the device would provide a false sense of security for the parents or supervisors. As a result many would likely put down the their guard in respect to monitoring the child’s every move. As such the manufacturer will not be able to circumvent liability and hold the parent/supervisor/guardian liable for injuries as a result of the device they manufactured failing.

If you’re trying to move forward with a claim here are three things you should do immediately:

DO NOT in any way modify or tamper with the device, make sure you keep it exactly as it is;

DO NOT return the device to the manufacturer; you must keep the device in your possession until you can identify the root cause of the issue. In many cases the manufacturer will call and attempt to take possession of the device, never give your evidence to the manufacturer as it is a critical part of your case;

Finally, contact an attorney. Make sure to give us a call in order to go through the elements of your case. These are very fact specific cases and it is important that we get appropriate witness information and details about the case in order to identify exactly what happened.

These cases are often urgent due to the statute of limitation issues. If your family member has been hurt as a result of this device failing to perform, contact our office in order to get a free confidential case evaluation.

Further Information:

CPSC Recall

We Can Help:  Our law firm is dedicated to providing victims of injuries receive the full and just compensation they deserve. If you have any legal questions after reading this article or if you would like to speak with a lawyer regarding your case please feel free to contact our law offices. All legal consultations are provided by our attorney s free of charge.

Common Accidents and Injuries:  Some of the most common accident and injuries suffered by students in extra-curricular activities and school projects include the following.

• Chemical Explosions due to improper science experiments.
• Burn injuries – chemical burns, scalding injuries and fires.
• Motor vehicle accidents – bus, car and train collisions.
• Struck by heavy objects
• Blindness and loss of sight
• Traumatic brain injuries and brain damage
• Spinal cord injuries
• Shoulder injuries
• Ear damage – loss of hearing and tinnitus due to loud noise or trauma to the ear drum
• Food poisoning
• Inhalation injuries CO2 exposure
• Bone fractures, sprains and ligament damage
• Slip and Fall, trip and falls and fall from high place
• Internal bleeding and organ injuries
• Wrongful Death of a student – homicide, unintentional death or suicide

Establishing Liability against the School District

There are numerous theories of liability which can be employed in order to establish liability on the part of a school district, teachers and administrative staff.

• Failure to properly supervise and control the conduct of students partaking in a school assignment which has a high probability of danger to participants and others.
• Failure to provide assistance and guidance and to the safety procedures which need to be employed in order to reduce the probability of risk to students participating on the activity.
• A teacher or administrative staff assigning an inherently dangerous school project or assignment to students.
• Providing students with defective or improperly maintained tools and or construction materials to be used in laboratory assignments to outside of school projects. This can also include improper sporting equipment, appliance, cooking material, heating and cooling equipment, and construction material.

Time Limit for Filing a Lawsuit

There are specific timing restrictions limiting your right to pursue compensation for injuries sustained by a student in school. For more in-depth analysis on statutory restrictions please contact our law offices.  Below is some important information you should be aware of.

• Non-government – Private schools: Private institutions are non-governmental entities. As such in the state of California you will have two years from the date an incident to file a claim.
• Minors and Non-government private entities: Minors have two years from the date of their 18^th birthday to file a claim.
• Government entities: A public school is considered governmental entities. As such you mu first file an administrative claim within 6 months from the date of an accident to file a an administrative claim.  If the administrative claim is rejected; you have 6 months from the date of the rejection to file a lawsuit in the court of law. There are specific exceptions with respect to minors and governmental entities. To learn more please contact our law offices.

Compensation Available for Victims

Victims of harm due to the negligent or intentional conduct of others are entitled to compensation for all damages they have incurred.  Categories of compensation available include the following…

• All medical and treatment costs.
• All future medical and rehabilitation case expenses.
• Other economic damage – including loss of income and future loss of earning potential.
• Non-economic damages – this can include emotional distress, pain and suffering and mental anguish.
• Punitive Damages: Punitive damages can be awarded where the at fault party acted with either in intent to cause harm or reckless endangerment for the life and health of others.

Further Information – Attorney consultation:  Feel free to contact our law offices in order to speak with one of our lawyers. All legal consultations are provided free of charge.  We are able to represent student in school districts across the state including;   LA Unified School District, San Diego Unified, Long Beach, San Bernardino, Elk Grove, San Francisco, San Jose, Fremont, Kern, Oakland and Santa Ana.

Further Information:

Field Trip Injuries and School Liability

School Liability for Injuries to Students

Medical Payment Reimbursement

In certain situations you are permitted to file your claim for medical payment early on. This is often referred to as medpay. In order to recover medpay, it must first be determined whether any medpay existed at all. Medpay can be purchased under either the at fault parties or the plaintiffs policy. In order to determine whether medpay existed you would need to confirm coverage through the insurance carrier. Typically medpay reimbursement works rather quickly since it is not required that you illustrate fault, medpay it typically considered no-fault and will be paid regardless of whose responsible. As for the amount, again it will be determined by the policy. However, medpay is generally sold in amounts ranging from $5,000 to $25,000 and in some cases more.

Should either party have medpay coverage these funds can be accessed quickly in order to pay for any outstanding funeral expenses in certain situations.

Loans to Recover Payment

In other cases families have tried obtaining personal injury loans. This can become a problem in a number of different cases. First, if you are dealing with multiple family members each party must agree to the amount borrowed. Second, the amount of interest incurred in these types of cases can be significant. Typically, these types of loans can cost the plaintiffs over 50% of the settlement amount. Make sure that your attorney properly explains the figures so that you’re aware of the terms of the agreement.

In certain cases you may be entitled to seek recovery from a charity or perhaps a crowd funding campaign can be set up. It is likely that your attorney can help you with this as needed. In certain situations we have advised clients on how to set up a crowd funding campaign in order to set and resolve this. Should you have any questions please feel free to contact our office for a free case evaluation.

Calculating Wrongful Death Case Value

In the past we have written articles about calculating the value of a wrongful death case. It is nearly impossible to calculate the value of such cases. Unless you can see the entire scope of the loss it is difficult to assign a numerical value for a persona life. However, courts will generally give instructions to the jury for these computations. To have a rough understanding of how this works courts will look at the deceased’s earning potential, family members who were financially dependent on him or her and the degree of connection between those family connections. Typically, if you can illustrate serious financial contributions and a high earning potential it will have an increased case value. Finally, it is important to consider that policy limits for both parties must be considered. Policy limits will often set the value of a case early on and it is important that your attorney understands what those figures are early on.

Should you have any questions regarding your case feel free to call our office for a free consultation.

The Normandie Law firm is currently investigating potential class action and single party claim against all manufacturers and distributors of hover –board products across the United Stated. If you or family members have suffered harm feel free to contact our law offices. All case reviews are 100% free of charge.

Filing a Product Liability Claim – Wining Your Case in the Court of Law: Generally there are three means with which to establish a product liability cause of action in the court of law.

1. Defect in the original design of the product. A design defect can be proven by showing the existence of an alternative design as the time of manufacturing that posed significantly lower risk of harm to consumers. Thus the manufactures chose a design with a higher chance of injuries.
2. Defect during the manufacturing process. A manufacturing defect can be established when the finished product is markedly different and as a result poses a greater danger to users when compared to the products originally approved design. In many instance in order to cut costs and increase profits manufacturers use cheaper materials and parts in the manufacturing of their products resulting in a more dangerous consumer good.
3. Defect in labeling – failure to properly warn of all potential harms associated with the use of the consumer good.

Recovery Available for Victims:  Individuals who have suffered injuries due the negligent and or wrongful actions of others are entitled to compensation for all damages suffered. The average case value or settlement amount for a defective product case is predicated on several factors the most important of which are briefly explained below…

• The significance and magnitude of the injuries suffered.
• A calculation of all current and future medical and hospitalization costs.
• Non-economic damages suffered – pain and suffering and mental anguish.
• Calculation of all other economic damages including loss of income and future loss of earning potential.
• Availability of insurance or assets on the part of the at fault party.
• Percentage of liability which can be accrued against defendants.
• Availability for punitive damages – punitive damages can be awarded when then at fault party acted with malice intent to cause harm or knew of a high likelihood of substantial harm due to the use of a consumer product.

Attorney Consultation Available: if you have any further questions please feel free to contact our law offices. All legal consultations are provided by our attorneys free of charge.

Further Information:

STATEMENT FROM THE U.S. CPSC CHAIRMAN ELLIOT F. KAYE ON THE SAFETY OF HOVERBOARDS

The past decade has witnessed a meteoric rise in the use of electronic cigarettes in the United States. Unfortunately, some e-cigarettes have caused severe injuries due to explosions You can sustain a burn injury, jaw injury, mouth injury, or shattered teeth from the fire and force in a defective vape pen explosion.  According to recent studies injuries caused by exploding nicotine devices have increased six-fold; thus corresponding with the increase in their use. Common Injuries:  Some of the most likely injuries which can be caused by e-cig defects include the following…

1. Dental damage
2. Damage to the jaw and maxillofacial injuries including injuries to the tongue and mouth.
3. Burn injuries to the face resulting in facial disfigurement.
4. Amputation injuries – Loss of fingers and injuries to the hands.
5. Facial injuries – including burns to the nose, ears and ocular eye damage.
6. Severe burn injuries to the body resulting in painful scarring and disfigurement.
7. Deaths caused by such explosions.

Filing a Product Liability Lawsuit – Winning Your Case in the Court of Law

There are generally three distinct ways to prove a defective product case. Any of these points can be the grounds on which you file a lawsuit:

1. Defect on the Design of the Product: The first theory of liability is predicated on showing issues associated with the products research and design phase. A design defect can be proven by showing that the approved design results in a higher probability of harm when compared with other products which display a relatively similar level of efficacy.  In other words, liability is established when another product that does the same thing we safer when the product was design.
2. Defect in Manufacturing: A manufacturing defect takes place when an alteration in the finished product is different in such a manner so as to result in a higher probability of harm when compared to the products initial design. An alteration can come in many forms. An example is when a manufacturer decides to use a less expensive material in the process resulting in the final products increased level of harm.
3. Defect in Labeling: This takes place when the product’s labels and or packaging fails to warn of known and or knowable dangers associated with its use.

Average Case Value – E-Cigarette Explosion Injury Claim

Individuals who have suffered injuries due to a defect in a vape pen are entitled to receive compensation for all damages suffered. You can collect these damages by joining a vape pen class action lawsuit that is being handled by an attorney at Normandie Law Firm. The value of a personal injury lawsuit is predicated on severe significant factors described in detail below.

1. The severity and magnitude of the injuries suffered by the victim.
2. Medical and rehabilitation costs incurred.
3. The probability of future medical and rehabilitation care needed.
4. Level of pain and suffering including emotional trauma and mental anguish.
5. Economic damages suffered including loss of income and future loss of earning potential due to long term injury or permanent disability
6. Availability of Punitive Damages: In many instances, courts have awarded punitive damages when the at fault party acted with either the malice intent to cause harm or acted with reckless indifference for the life and health of consumers. For example, punitive damages are awarded when a manufacturer of a product knew of the high probability if injuries associated with its use but failed to warn consumers, and or failed to recall the product from store shelves in a timely manner.

Attorney Consultation Available Free of Charge:  If you have any further legal questions regarding the filing of a product liability lawsuit against manufacturers of defective electronic cigarettes resulting in substantial harm, please feel free to contact our law firm. All legal consultations regarding your case are free of charge.

Further Information:

More Information Regarding e-Cig Cases

Average Settlement Value for E-Cigarette Burn Injury Lawsuit

E-Cigarette Explosion – Value of Average Case Settlement

E-Cigarette Explosion Attorney – Vape Defect Burn Lawsuit

E-Cigarette Explosion Class Action Lawsuit for Injuries

What Is the Value of a Lawsuit for E-Cigarette Injury Cases

Average Settlement Value of E-Cigarette Explosion Cases

ERCP is a highly complex procedure which requires various safety systems which need to be implemented by the hospital and the practicing physician in order to reduce the probability of medical complications.  Safety procedures should include, frequent and proper training, proper cleaning of the instruments, and rigorous inspection of the medical devices used in the procedure.

Unfortunately ECRP procedures often result in serious medical complications including the development of chronic pancreatitis and severe life threatening infections including the contraction of CRE.

Filing a Medical Malpractice Lawsuit – Wining Your Case in the Court of Law: A case for medical malpractice can be established via a negligence based cause of action. There are four elements which need to be shown in order to prove the existence  of medical negligence.

1. Duty – a medical professional owes a duty of care to a patient to act in a manner consistent with his or her medical specialty.
2. Breach – a medical professional has breached a duty of care when he takes actions in a manner inconsistent with the designated curse of medical treatment established by the medical profession.
3. Causation – The injuries suffered have to be a direct and approximate cause of the injuries suffered.
4. Injuries – there have to be actual identifiable injuries suffered by the patient.

Compensation Available for Victims  – Average Case Settlement Value:

Victims of personal injury are entitled to compensation under the law for any and all damages incurred. A calculation of the average case value for a medical malpractice case is predicated on several factors described below.

1. The severity and magnitude of the injuries suffered.
2. All medical and rehabilitation costs.
3. Future medical expenses.
4. Economic damages, including lost wages and loss of future income.
5. Non economic damages – including mental anguish, emotional distress, pain and suffering and punitive damages.

Non-economic damages explained: In many jurisdictions across the county non-economic damages are statutorily capped as a specific monetary amount. For example, in the state of California there is a $250,000.00 Cap placed on non-economic damages which include punitive damages.

No Cost Attorney Consultation Available: If you have any further legal questions regarding the filing of a medical malpractice lawsuit for injuries suffered due to an endoscopic procedure feel free to contact our law offices. All legal consultations are provided by our attorneys free of charge.