PERSONAL INJURY BLOG

Personal Injury Law: Bounce house Injuries

Monday, July 17, 2017

Despite the numerous videos portraying inflatable bounce houses being lifted and rolled along the ground or, worse yet, being raised high in the sky with small children inside, their popularity continues to rise.

Bounce House Injuries

Inflatable bounce house injuries have led to hundreds of personal injury law claims being filed in the U.S.: The injuries sustained range from broken arms to neck injuries and, in the most severe cases, death. If you and/or your child sustained injuries in this type of incident, you need to hire an experienced personal injury attorney to help determine if negligence led to the injuries.

How to Establish Liability

To establish liability, we need to answer several questions, including:

  1. How did you and/or your child become injured?

  2. Who was taking care of the children at the time of the incident?

  3. Was the inflatable house rented from a company or owned by an individual?

  4. Were hazardous weather conditions likely?

  5. If rented, was there a contract between the individual who rented the bounce house and the business from which it was rented?

  6. Were there safety guidelines? If so, were they followed?

After establishing liability, we must prove negligence.

Proving Negligence

To succeed in a personal injury claim, you must prove some kind of negligence on the part of the party (or parties) responsible for the bounce house. In other words, you must prove that those responsible for the inflatable bounce house did not act with reasonable care, which led to the injury. For example, just like a tent, securing a bounce house requires the use of stakes: If some of the stakes were missing on the day that you and/or your child sustained injuries, this may be considered a form of negligence.

Gathering the information necessary to prove negligence may require an investigation. The attorneys at Lederer & Nojima, have the skill, dedication, and experience necessary to move through this complicated process: Once we collect the evidence and review it, we can determine if negligence exists. If it does, we will help you attain monetary compensation for the injuries that you and/or your child sustained.

If you are looking for an honest, experienced and caring group of attorneys, let Lederer & Nojima handle your personal injury claim. The time you have to file a claim following an injury is limited. Therefore, if you, or someone you love, sustained injuries due to the negligence of another, please contact us to schedule your free initial consultation.


Who is at Fault When Cargo Bed Rides Turn into Fatal Truck Accidents?

Tuesday, June 13, 2017

Warm weather often prompts people to climb into the open cargo areas of pickup trucks and go for a ride. Unfortunately, such moments of seasonal indiscretion often end with fatal truck accidents. Why? Cargo areas are specifically designed to carry goods, not pets or people. Consequently, they do not feature air bags, restraints, covers or seating adequate enough to protect living, breathing passengers from harm. As a result, any number of common situations could instantly turn fatal. The list of situations includes, but isn’t confined to quick stops, rapid acceleration, powerful wind shear, rollovers and fender benders.

Despite those risks, there are many state government bodies that choose not to impose pickup truck use restrictions on their citizenry. So although it is certainly life-threatening and foolish, allowing people to ride in open cargo areas is not always illegal

California Law Expressly Forbids Passengers in Cargo Beds

California Law, however, expresses states that: "A vehicle operator shall not allow a person to ride upon any part of a vehicle that is not designed or intended for passenger use. (Veh. Code §21712(a)) No person shall ride on vehicle or upon any part of a vehicle that is not designed or intended for passenger use. (Veh. Code §21712(b)) No person driving a pickup truck or flatbed motor truck shall transport a person in or on the back thereof unless the passenger is restrained by a Federally approved restraint system. (Veh. Code §23116(a) and (c)) No person shall ride in or on the back of a pickup truck or flatbed motortruck unless they are restrained by a Federally approved restraint system. (Veh. Code §23116(b) and (c)).

Who is at fault if a cargo bed passenger is injured

This brings us to an interesting gray area of truck accident law. For example, let’s say that someone jumps into the bed of a pickup truck and during a sudden stop falls out onto the roadway into the path oncoming traffic. After the fall, the person is then run over by another vehicle and dies. Who is responsible for the fatality?

Is it the truck driver, the injured or deceased passenger, or one of the other motor vehicle operators that is to blame? How the court sees the fatal truck accident will be partially influenced by the state’s publicized riding restrictions and the victim’s age. Some states have restrictions that are very clear regarding who is liable in the event of truck accidents. Other riding restrictions are open to interpretation. Therefore, motor vehicle operators who cause fatal truck accidents are sometimes able to avoid civil or criminal prosecution. 

To find out more about how blame is assigned in these types of truck accidents, please contact us today.

Scooter and Moped Accident Stats

Tuesday, May 23, 2017
It is no secret that Americans adore having a number of transportation options at their disposal. Since the days of the horse, we’ve loved having the wind in our hair and the promise of adventure up ahead. Unfortunately, some of our preferred modes of travel haven’t always loved us back. Such is the case with scooters and mopeds.

The exact number of scooter and moped accidents that occur each year is hard to assess for one simple reason. They’re often merged with statistics covering other, two-wheeled modes of travel (e.g. motorcycles and motorized bicycles). But what statistical analysts know is this: scooters and mopeds have the potential to cause personal injury to others.

And yes, there have been a few mode specific studies completed over the years that back up their assertions. There are two that come to mind. One was published in the July 2011 edition of the Journal of Trauma and the other appeared in the Accident Analysis & Prevention some years later (August 2013). Both show that the two vehicles have a history of causing personal injuries, especially when speed and natural illumination are a factor.

The personal injuries that have a tendency to occur during scooter and moped accidents are remarkably similar to those typically equated with motorcycle collisions. With that said, the most worrisome are:

  • Head and Leg Injuries
  • Nerve Damage and Soft Tissue Lacerations
  • Broken Bones and Severed Muscles
  • Injured ligaments
  • Paralysis and Bruising to the Spinal Column
They have the potential to be catastrophic. As such, families of scooter and moped accident victims should never be without sound counsel. It may be possible for victims of scooter and moped accidents to receive reimbursement for related expenses and more. To find out what scooter and moped accident victims should do right away to ensure they’re not alone, please contact us.

Motorcycle Accidents:Does Wearing a Helmet Impact your Personal Injury Case?

Tuesday, May 09, 2017

If you've been inured in a motorcycle accident, your personal injury case could be affected by your use of a helmet. How much a helmet matters depends on where you live, the injuries you've sustained and the circumstances of your collision. 

How will helmet use impact your case? 

Wearing a helmet: If you were wearing a helmet but still sustained some kind of head injury, your use of the proper safety care is an essential part of your case. Using a helmet shows that you took all proper precautions to preserve your health and that your injuries would have been much worse without the protection. If another driver was at fault, helmet damage can show just how fast and how poorly they were operating a vehicle, since helmets are designed to withstand significant impact. 

If you were wearing a helmet but did not sustain a head injury, the helmet still shows that you followed the law if applicable and that you were a cautious and safe operator. 

Not wearing a helmet: If you chose not to wear a helmet and had injuries to your head, it may make your case more difficult. Even if your state has no helmet law or very lax helmet rules, not wearing a helmet can still damage your case. For states with helmet laws, lack of a helmet can be catastrophic for your case, even if you didn't have any head injuries, because you were breaking the law by going helmet free. 

All but three states have some form of helmet law, so it is important to follow all the rules of the road before climbing aboard a motorcycle. If you have been injured in a motorcycle accident, whether you were wearing a helmet or not, the best thing you can do is seek out professional legal advice from a motorcycle injury attorney. Your injury lawyer can help you get the award you deserve for your injuries and make sure you are fully compensated after your accident.


Undergoing an Independent Medical Exam after a Personal Injury

Tuesday, April 11, 2017

Each personal injury case is unique and complicated. Few people know exactly what to expect when they file a lawsuit, but there are certainly a few facets unique to personal injury cases that you should know before getting to court. An independent medical examination could be one of those extra steps you need to endure in order to reach a favorable outcome in your case.

The Purpose of an Independent Medical Exam

The medical examination is typically performed in order to determine how much you have suffered from the injuries. You must show that court the extent of your injuries. Unfortunately, the defense will also request that you undergo a separate exam to ensure that the information is not biased on your behalf.

The independent medical exam ultimately fulfills your legal obligation, which is to demonstrate that you have been injured and that the party you are suing is responsible for said injuries.

The Examination Process

The type of exam the plaintiff asks you to submit to will relate to the compensation you request. If you are claiming physical injuries, the examination will focus on these. If you also have psychological injuries, you may be asked to submit to a psychological evaluation.

The business or individual you are suing has the opportunity to select a doctor. The fees for this appointment are paid by the defendant’s insurance company. You may even have your time compensated.

Once you arrive at the examination, there is little to fear. The exam is much like any other general physical, except that the doctor will focus on the injuries you are claiming in the lawsuit.

Always talk to your lawyer before going in for your independent medical examination. Your lawyer will offer important advice as to what you should say and what you should avoid saying to the doctor.


Have You Suffered a Catastrophic Injury?

Thursday, March 02, 2017

You've been in an accident and the injuries are severe. You're frightened that the injury is going to change your life. Have you suffered a catastrophic injury? It definitely seems catastrophic from your point of view, but will a judge see it that way. There are several important factors in determining if your injuries are catastrophic. Ask yourself these questions and you'll know how to classify your injuries.

To what extent am I debilitated?


If you are unable to perform many of the normal daily functions that were part of your life before the accident, and it appears that this will be the case for an extended period of time, then you are debilitated. Another factor is determining if you are debilitated is the need for long-term care. If your doctor has requested that you need a nurse to come to you home to care for you for the foreseeable future, then you have suffered a catastrophic injury.

Does my injury prevent me from going to work?

If your injuries cause you to lose your livelihood, or ability to make money through employment, then there is a good chance that your injuries are catastrophic. The key to this argument is that you should be able to continue to work in the same industry you were in at the time of the accident. If you cannot make a similar wage because of the accident, then your injuries are probably catastrophic

Is my type of injury usually considered catastrophic?

Certain types of injuries have a better chance of being classified as catastrophic than other types of injuries. Traumatic brain injuries, spinal cord injuries, injuries that result in paralysis, and injuries that cause disfigurement or the loss of a limb are all usually considered catastrophic.

If you answered yes to the three questions listed above, then you may have the grounds for a catastrophic injury lawsuit. The damages are usually much higher in these types of cases, but the arguments are also much harder to make. 

Contact our office today for a free consultation with an attorney. 


Things to Do After Sustaining a Personal Injury

Thursday, February 09, 2017

If you’ve been injured, there’s no doubt you want to get compensation for your injuries. For most people, they need to get that compensation fast. That means that chances are that you can’t wait long for yours, either. The longer that you wait for your money from your accident, the more the medical bills are going to pile up. If you were injured so badly that you aren’t able to work, that is going to be another expense that you have to deal with. So if you are able to get your compensation fast instead of having to wait a long time for it, that’s even better for you. Here are some tips for getting your payment quickly.

Hire a lawyer

The first thing that you should do is find a lawyer to help you with your claim. They are going to be able to put their knowledge to work for you and give you advice on what you should do. They also are going to fight people in court for you so that you don’t have to worry about it. They know the law and they are able to help you with winning the case.

Get your documents in order

When you are trying to win a case for personal injury, you are going to need a lot of supporting documentation that you were injured. With the increase in phony cases, the information that you provide is going to be more carefully scrutinized than ever. So make sure that you get everything together to show that you were injured and that you are not filing a false claim.

Get witness statements

Make sure that you are getting statements from any witnesses from the accident scene. They are going to help you with your case and be able to tell what exactly happened at the accident. The best time to get the statements is at the scene of the accident. If the police were called, chances are that they might have gotten the statements.

Get your medical documentation

Make sure that you are going to the doctor and keeping all of your appointments so that it’s evident that you are in a lot of pain. Also, be sure that the doctor knows that you were involved in an accident and that everything needs to be saved and copied. This includes anything like x-rays and prescriptions.

If you or someone you love has been injured due to the fault of others, contact our office today. 

JOHN NOJIMA & DAVID LEDERER NAMED "SUPER LAWYERS" FOR 2017

Thursday, January 12, 2017

Lederer Nojima's profile at SuperLawyers.comLederer & Nojima, LLP is proud to announce that John Nojima and David Lederer  have both once again been named “Super Lawyers” and have been awarded the designation “Top Rated Personal Injury Attorneys” by the attorney ranking organization, Super Lawyers, a division of Thomson Reuters.

For over two decades, Los Angeles based Lederer & Nojima have represented Plaintiffs throughout Southern California and have collected millions of dollars on behalf of their injured clients. The recent award from Super Lawyers is just one of many the two personal injury attorneys have received over the course of their careers. For more information about David Lederer and John Nojima, visit the firm's website.

Time Limit on Filing Suits in Car Accident Cases in California

Wednesday, January 04, 2017

Getting into a car accident is quite stressful -- and if you've been injured in a car accident in California, you'll need to contact a personal injury lawyer as soon as possible to ensure your rights are protected.

California laws are very specific when it comes to filing a claim after a car accident. Under Cal. Code of Civ. Proc. § 335.1, you only have two years from the date of the accident to file a personal injury claim. If, however, you want to file a claim based on damage to property (including damage to your vehicle), Cal. Code of Civ. Proc. § 338 allows you up to three years from the date of the accident to file your claim.

It isn't advised, however, to wait until the statute of limitations is nearly expired to begin the proceedings of filing a claim.

First of all, if settlement negotiations get compromised, and you haven't hired an attorney, you will be left with no recourse.

Second, an attorney will be able to advise you on laws and statutes that you, as a layperson, aren't necessarily aware of. For example, are you aware that California is a pure comparative negligence state -- meaning that the amount of compensation that you may, or may not, receive in an accident is dependent upon your percentage of fault in said accident? Many California residents have a topical awareness of this law, but only the best personal injury lawyer can navigate through the waters of this admittedly complex law to their client's advantage.

If you or someone you love has been injured in a car accident due to the negligence of others, contact Lederer Nojima for a consultation with one of our attorneys. 

Big Travel Week Puts Focus on Truck Accidents

Tuesday, November 22, 2016

Commercial drivers that operate large trucks or drive passenger-vehicles like buses in the United States are at the most risk for crashes when these motorists engage in unsafe driving behaviors. To address this issue, the Commercial Vehicle Safety Administration worked with law enforcement agencies to focus on educating and correcting those acting unsafe while driving commercial vehicles.


The 2016 Operation Safe Driver Week took place on October 16-22. The Large Truck Crash Causation Study showed the need for this effort as the study found that 93 percent of passenger-vehicle crashes are caused by driver behavior along with 88 percent of large truck accidents.

Authorities watched for a variety of unsafe behaviors that commercial drivers typically engage in like:

  • Speeding
  • Failure to obey traffic control devices
  • Distracted driving
  • Failure to use a seat belt
  • Improper lane change
  • Following too closely

These were some of the main reasons officers pulled over commercial drivers during this year's event, and more than 21,012 of these drivers were pulled over by officers. 

Overall, truck accidents comprise a small number of the total wrecks in a year. However, preventing large vehicle crashes is important as the size of these machines make severe injuries or fatalities more likely. As driver behavior is the main factor in these crashes, these incidents are preventable. When someone suffers injuries due to a truck or large vehicle accident caused by recklessness, this person could seek compensation from both a driver and the company the commercial driver works for.

For more information about what to do after a large vehicle accident, contact us today.

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Los Angeles Personal Injury Lawyers

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