PERSONAL INJURY BLOG

Slip and Fall? Do You Have a Premises Liability Case?

Tuesday, October 03, 2017

Did you slip and fall while on somebody else's property? Did you get hurt while staying in a hotel?

You may have a case to sue the owner of the property to get compensation, whether the owner is a company or the government (Government cases are different and their liability is often limited).

Whether you have a case depends on whether the property owner can be considered negligent. Premises liability laws vary from state to state, so you need a lawyer who is familiar with the rules for your state. In California, you may be entitled to compensation if you are injured because of negligent management - which is defined by various standards. There are four elements - duty, breach of duty, injury, and causation. All of this is highly dependent on the specific circumstances. The standards are different for homeowners casually inviting guests compared to store owners or amusement parks. As the law is so complex, you should contact an attorney quickly. You can potentially get awards to cover medical expenses, loss of earnings, emotional distress, etc.

In basic terms, though, property owners are expected to maintain their property in a safe condition, find unsafe conditions quickly and repair or warn said conditions. As a common example, if a property owner is cleaning the floor and it becomes wet, then they should put out a sign warning that the floor is wet. Broken lights should be repaired or replaced as quickly as possible. If you or somebody you know is injured, then make note of the circumstances. A good personal injury lawyer will tell you if you have a case right away, and reputable lawyers do not charge for initial consultation and analysis. Reputable lawyers will also be honest - they will not try to get money out of you by taking on a case they cannot win.

If you or a loved one has been injured in a preventable accident on somebody else's property, then contact Lederer & Nojima to schedule a free case analysis and start the process of getting the compensation you deserve.

New Research Challenges Existing Guidelines for Drowning Victims

Tuesday, January 20, 2015

Drowning victims may not be helped by prolonged rescue efforts, especially when their hearts have stopped, and their body temperatures have dropped.

Those results come from a new study conducted by Dutch researchers, who noted that drowning is the primary cause of death involving children across the group. According to the researchers, a child with drowning often suffers a substantial drop in body temperature, or a condition called hypothermia. The current guidelines hold that if efforts do not manage to increase circulation within a period of 30 minutes, the rescuers must continue to administer resuscitation until the person’s body temperature reaches a level of 89.6° to 93.2°F.

In the study, the researchers analyzed data involving 160 children who had been drowning victims. They found that only 44% of the children were alive one year after the incident. In 61% of the cases, the children received resuscitation for more than 30 minutes. These children were found to be much more likely to have suffered brain damage as a result of the drowning, compared to those who were not subject to such prolonged resuscitation.

Overall, out of the children who were subjected to such prolonged resuscitation efforts, 87 died as a result of drowning, and 11 persons survived with permanent brain damage. Out of those children who were not given prolonged resuscitation, just 11 survived, with positive future outcomes. According to the researchers, this proves that there is no value or benefit in administrating resuscitation efforts for more than 30 minutes for children who have suffered a drowning incident that resulted in a cardiac arrest and hypothermia.

If your loved one has suffered injuries in a swimming pool accident, speak to a premises liability lawyer in Los Angeles. You may be eligible to file a claim based on negligence.


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