Insurance rates have been soaring and consumer advocates are blaming insurers for setting rates in an inequitable manner. The increase is alarming; rates have risen at more than twice the rate of inflation. The national average for premiums is $1427. Some of this upsurge is related to weather events, but some believe that the rate […]
Articles
Can Not Wearing a Seat Belt Affect Your Personal Injury Claim?
In most states, wearing a seatbelt is mandatory. California’s seatbelt law requires car passengers to wear seatbelts unless they have a medical disability that interferes with seat belt use or they are employed in certain occupations (such a mail delivery). Children who are too small to wear standard seat belts must be placed in child […]
Right-Hand Turn Bicycle Accidents and Motorists Liability
Bicycle riding has become an increasingly popular mode of transportation, especially in California. The percentage of people who rode bicycles to commute to work grew by 105 percent between 2000 and 2013. This is good news for riders, for the public, and for the environment. But the increase in bike riding has also led to […]
The Consumer Expectations Test and Product Liability Claims
In California, the test that a court uses to determine a design defect in a product can make all the difference in the outcome. The two design defect tests applied by the courts are the consumer expectations test and the risk/benefit test. The choice of which analysis to apply is critical and for this reason, […]
When Does Vicarious Liability Law Apply in California?
As a general rule, you are legally responsible only for your own actions, but there are exceptions. Under the theory of vicarious liability, certain parties can be held liable for an injury that they did not cause through their own actions. But vicarious liability is limited to relationships where there is a legal connection between […]