Does California’s strict liability apply to dog bites in public places?
Yes. In California, a dog owner is strictly liable for injuries their dog causes in public, regardless of whether the dog has a history of aggression.
What legal responsibilities do property owners have to protect visitors?
Property owners have a legal duty to keep their property safe for visitors. This includes a duty to inspect the property for dangerous conditions and to either fix them or provide adequate warnings. If they fail to do so, and someone is injured as a result, they can be held liable.
How do you prove a property owner was negligent in a slip and fall case?
To prove negligence, you must show that the property owner knew or reasonably should have known about a dangerous condition and failed to repair it or provide an adequate warning. Evidence is key. This includes photos of the hazard, surveillance footage, and witness statements. A critical step we take at Karns & Karns is to immediately send a preservation letter to the business to ensure they do not destroy or tape over crucial video evidence.
What kind of evidence is needed to prove a business was negligent?
To prove a business was negligent, you need evidence that they knew or should have known about the dangerous condition. This could include photos of the hazard, maintenance records, inspection reports, and witness testimony. Surveillance video is also a key piece of evidence, and it is crucial to act quickly to preserve it.
What happens if I trip and fall on a cracked, uneven public sidewalk and get injured?
This is a legally complex situation. Governmental entities are generally responsible for the safety of public sidewalks. In many California cities, local ordinances place the legal responsibility for maintaining the public sidewalk on the adjacent private property owner. This means your claim would likely be against the homeowner or business next to the sidewalk and the responsible governmental entity. At Karns & Karns, our first step in a sidewalk case is to immediately research local ordinances to identify the correct responsible party.
What legal rights do I have after an accident involving a commercial delivery van (e.g., Amazon, FedEx)?
These accidents are treated as commercial accidents, which means liability can extend beyond just the driver. You can file a claim against the driver’s employer (the company that owns the delivery van) as well as the driver. These large companies are typically protected by large insurance policies, so it’s a completely different and more complex type of case than a typical car accident.
What is "negligent hiring" and how can it be used in a personal injury lawsuit?
Negligent hiring is a legal claim that a business can be held liable for the actions of their employee if they failed to perform a reasonable background check before hiring them. For example, if a company hired a driver with a history of DUIs and that driver causes an accident while on the job, the company could be held liable.
How is fault determined in a multi-vehicle pile-up accident?
Determining fault in a multi-vehicle pile-up is complex and requires a full investigation. It is very common for multiple drivers to be found at fault. Each driver’s responsibility will be determined by a variety of factors, including their speed, following distance, and how they reacted to the vehicles in front of them. At Karns & Karns, we use experts in accident reconstruction to determine who was responsible and to hold all at-fault parties accountable.
Are injury claims against a city bus different from a regular car accident claim?
Yes, they are significantly different. Claims against government entities in California have much shorter and stricter deadlines, often requiring a formal notice of claim to be filed within just six months of the incident, as opposed to the standard two-year statute of limitations. The attorneys at Karns & Karns are experienced with the specific procedures outlined in the California Tort Claims Act, ensuring these critical early deadlines are met.
Who is legally responsible if I get into an accident on an e-scooter like a Bird or Lime?
Liability in an e-scooter accident can be complex. If a car hits you, the driver is the primary defendant. If your accident was caused by a scooter malfunction (e.g., brake failure), you could have a product liability claim against the scooter company (Bird, Lime, etc.) and its manufacturer. Lastly, if a dangerous road condition caused the crash, a claim against the city responsible for maintaining the road may be possible.
Who is typically found at fault in a T-bone (side-impact) accident?
Fault in a T-bone accident, most common at intersections, almost always falls on the driver who failed to yield the right-of-way, ran a red light, or ran a stop sign. Proving fault requires securing evidence like traffic camera footage, black box data, and witness testimony.
Is it always the driver's fault if they hit a pedestrian in a crosswalk?
No. While drivers must yield to pedestrians in a crosswalk, if the pedestrian was actively creating a sudden hazard (e.g., running into the path of a car with no warning), they may be found partially at fault under comparative negligence rules.
What should I do after a trucking accident on an Interstate near El Paso, Texas?
Due to the immediate involvement of the Federal Motor Carrier Safety Administration (FMCSA), the first step after seeking medical help is to hire an attorney immediately. Your lawyer must send a spoliation letter to the trucking company to preserve critical evidence like driver logs and the truck’s electronic data recorder (EDR).
How does a commercial accident in Midland or Laredo, Texas, differ from a car accident?
In Midland and Laredo, commercial accidents often involve the energy sector (oilfield trucks) or cross-border logistics. These cases involve larger corporate defendants, federal regulations, and higher insurance policies, making them inherently more complex and high-value than standard car accidents.
What should I do after being involved in an accident with a drunk driver?
If you are hit by a drunk driver, your immediate priority is to call 911 and ensure the police document the incident and administer a sobriety test. A police report that notes the driver was impaired will be invaluable evidence in your civil claim. Your attorney will file a claim against the drunk driver. In some cases, a claim can also be filed against the business that sold the alcohol to the driver, depending on the state and the circumstances.
How can I prove negligence in a pedestrian accident?
Proving negligence in a pedestrian accident involves demonstrating that the driver failed to exercise a duty of care, such as failing to look both ways at an intersection, driving too fast, or driving under the influence. Evidence like traffic camera footage, dashcam footage, and witness testimony is critical to proving your claim.
What steps should I take after a bicycle accident?
After a bicycle accident, your first step is to seek medical attention immediately. Document the accident scene by taking photos of your bike, the vehicle, and the surrounding area. Gather the driver’s insurance information and contact details. Even if your bike is damaged, your personal injury claim is for your physical injuries and emotional damages. It is crucial to document everything from the start.
How do Uber and Lyft's insurance policies actually work?
Rideshare insurance operates in different periods. If the driver is offline, their personal insurance applies. If the driver is online and waiting for a ride request (Period 1), a lower level of liability coverage is active. Once the driver accepts a ride and has you in the car (Periods 2 & 3), a $1 million liability and Uninsured/Underinsured Motorist (UM/UIM) policy is triggered. Understanding which period the driver was in is a critical part of the legal analysis our attorneys at Karns & Karns perform to maximize a client’s recovery. Limits of coverage also vary significantly from state to state.
What if I am injured by a product with a known defect, like a faulty airbag or tire?
This is a product liability case. It is a legal action brought against the manufacturer, distributor, or seller of a product that caused an injury. In these cases, you do not need to prove negligence in the traditional sense. You just need to show that the product was defective and that the defect caused your injury.
What if I am in an accident caused by an animal in the road?
Liability for a crash caused by an animal can be complex. In some cases, the animal’s owner may be held responsible if they were negligent in controlling the animal. For example, if a dog owner allowed their dog to roam free and it caused an accident, they could be held liable. Our firm will investigate these cases and work to identify any responsible party, so you can receive compensation.
Can I sue the driver's employer if they were on the job at the time of the accident?
Yes. Under the legal theory of vicarious liability, an employer can be held legally responsible for the actions of their employee if the employee was acting within the scope of their employment when the accident occurred. This is a common and important part of a personal injury case against a commercial driver.
What is "vicarious liability" and how does it apply to a driver's employer?
Vicarious liability is a legal concept that holds an employer or principal responsible for the actions of their employee or agent. In a car accident case, if a driver was working for a company at the time of the crash, the company could be held liable for the accident. This is an important legal tool that allows you to recover damages from a business with a large insurance policy.