Americans with Disabilities Act (ADA) Marks its 20th Anniversary

Jul 29

Los Angeles LawyerEmployment Law No Comments

The recent celebration of the 20th anniversary of the Americans with Disabilities Act (ADA) in the White House was marked by further efforts from the government to advance the rights of the disabled.

President Barack Obama, who also hailed former President George H.W. Bush for having passed the law, signed an executive order to develop model guidelines tp provide more jobs for people with disabilities. He also promised to exert more efforts to hire and retain employees with physical and mental limitations.

Here are some of the efforts the administration is pursuing in the 20th year of the ADA:

  • New rules against disability discrimination shall be published by the Justice Department which would cover more than 80,000 state and local agencies as well as 7 million private companies
  • New federal rules to ensure that people with disabilities are provided better access to websites
  • A requirement that by 2012, all building constructions must meet the design standards for doors, windows, elevators, and bathrooms of stores, hospitals, restaurants, and other facilities.

During the celebration, performances were given by a deaf actress Marlee Matlin as well as Patti LaBelle. President Obama also praised Rep. Jim Langevin, D-R.I, who is paralyzed from his chest down.

The ADA is a trail-blazing law for Americans with disabilities – it makes it unlawful to discriminate against qualified individuals with a disability in employment as well as in any State and local government services, public accommodations, transportation and telecommunications.

Just like ordinary employees, disabled workers have rights in the workplace. More importantly under the ADA, employers cannot discriminate against a qualified individual with a disability in the following employment practices:

  • Recruitment
  • Pay
  • Hiring
  • Firing
  • Promotion
  • Job assignments
  • Training
  • Leave
  • Benefits
  • Other employment related activities

Disabled employees may file a complaint against their employers for violations of the provisions of the ADA either through the Equal Employment Opportunity Commission or through an employment attorney.

Mayor Antonio Villaraigosa Breaks Elbow in Bicycle Accident

Jul 20

Los Angeles LawyerBicycle Accident Bicycle Accident, road rage 4 Comments

Los Angeles Mayor Antonio Villaraigosa was recently involved in a bicycle accident and ended up with a broken elbow.

The mayor, who is an avid bicyclist, was riding his bike down to the beach when a cab cut him off in the Venice Boulevard bicycle lane. He fell from him bike to avoid hitting the cab and injured. Fortunately, he was wearing a helmet when he crashed and avoided getting severe injuries since he hit his head first.

He was taken to UCLA Ronald Reagan Medical Center for treatment. His security officers let the cab driver go after taking his information.

According to the mayor’s office, no charges will be filed against the cab driver but claimed that the driver wasn’t careful and moved without using a signal.

Riding a bike isn’t just for leisure or exercise, these days, a lot of people use bicycles as their main mode of transportation to save up on gas expenses and avoid traffic. Bicycles are now one of the most popular means of transportation, so motorists have to get used to sharing the road with them.

Unfortunately, despite the fact that bicyclists can be easily found on the road, a lot of drivers are not mindful of their presence – some would even be resentful about sharing the road as cases of road rage directed towards bicyclists have also been reported.

Under the law, drivers are bound to exercise due diligence on the road to avoid causing any injury to others or damage to property. Among the duties this diligence entails would require a driver to:

•    Drive at a reasonable speed
•    Follow traffic rules and signals
•    Wear a seatbelt and use child safety restraints
•    Drive without impairment (drowsy driving, DUI, texting while driving)
•    Respect the right of way of others
•    Signal before making a turn

Failure to follow such may not just give rise to a traffic citation, it may also cause an accident as exemplified by what happened to Mayor Villaraigosa. If you are a bicyclist, while you have every right to be protected on the road, do not always expect drivers to be on their best behavior. Always wear a helmet, practice defensive bicycling, and always be aware of your surroundings. In the event that you do get involved in a bicycle accident because of a negligent or faulty driver, you may seek compensation for any injuries or damage you received because he violated his duty of diligence.

$2.3 million Award to Dole Workers Dismissed by Judge

Jul 19

Los Angeles LawyerPersonal Injury Personal Injury, toxic tort No Comments

In California, a Court of Appeals judge recently overturned a $2.3 million dollar verdict against food giant DOLE in a toxic tort lawsuit filed by six Nicaraguan men.

In her ruling, Judge Victoria G. Chaney found that fraud was allegedly perpetuated by American and Nicaraguan attorneys and had tainted the trial. It was based on 27 secret witnesses who claimed that the cases are an elaborate international scheme and that the attorneys recruited fake banana workers and manipulated medical test results to defraud the court and the company.

However, the attorney who represented the Nicaraguan men alleged that the witnesses presented by the defendant received cash payment and lavish treatment in return for testifying about the plaintiffs’ alleged fraud.

The cases which were dismissed are one of the many which claimed that DOLE’s continued use of the pesticide chemical dibromochloropropane, or DBCP caused sterility and other medical conditions. The case and verdict of Tellez vs. Dole Food Co, the first case tried in the US over the alleged toxic chemical injuries is also being appealed by DOLE.

Toxic tort cases are perhaps one of the most difficult personal injury lawsuits to litigate. Proving the connection between the exposure to a toxic chemical and a resulting injury or disease is as costly as it is challenging.

For one, the effects of the exposure to the toxic chemical can be varied and sometimes, it would take years before a worker exposed to DBCP or asbestos will find out that his health was adversely affected (sterility) or that he has mesothelioma. Further, it is very expensive to litigate toxic torts claims as not only is one oftentimes going against a huge company, you would also need to provide expert testimony from medical and scientific experts in your evidence.

However, despite the costs and challenges, one shouldn’t hesitate to pursue his toxic tort complaint. It is the duty of your company to keep its employees/workers from unsafe conditions and dangerous substances at work. Likewise, if the toxic tort is due to a harmful chemical substance in a product and the consumer was injured by it, the manufacturer shall be held liable for it.

A very important consideration you should be mindful of when pursuing a toxic tort claim is choosing the right lawyer for you. Choose a personal injury who is knowledgeable and well-versed in toxic torts cases as building a winning case would usually hinge on the legal counsel you would choose to represent you.

Foster Farms Sued for Wrongful Termination and Pregnancy Discrimination

Jul 16

Los Angeles LawyerEmployment Law, Wrongful Termination 2 Comments

In Livingston, Foster Farms is now being sued by a former employee for wrongful termination as the poultry company allegedly fired her for being pregnant.

The suit, which was filed by Sara Supple, alleged that she first went to the company’s HR department to inquire about pregnancy benefits. She was told to return but 2 or 3 hours afterwards, she was called back into HR and was immediately suspended over time card violations.

When Supple was called back to work, she was suddenly terminated based on the problem with her time cards. However, Supple’s lawyer alleged that his client never received any warnings or had any issue about her time cards prior to the time she asked for information on pregnancy benefits.

Under federal and state laws such as the Civil Rights Act of 1964, it is illegal for employers to discriminate against and treat employees unfairly on the basis of their pregnancy. It is unlawful for employers with at least 15 workers to:

  • Refuse to hire a pregnant woman
  • Fire or force an employee to resign just because she is pregnant
  • Refuse to give accrued benefits or leaves
  • Retaliate against an individual for filing a pregnancy discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation

Take note that when companies refuse to offer sick leaves, this can be considered discriminatory especially against pregnant employees. Further, under the Family and Medical Leave Act, eligible employees may take up to 12 weeks off without pay to give birth, adopt, or to care for a sick child or family member.

Women have the right to keep their jobs as long as they are able to perform it. At the most, even if they get pregnant and would have to take time off work to give birth or care for a new child, they must be treated in the same manner as other applicants or employees who are disabled.

If you are pregnant and lost your job or benefits because of your condition, you may rightfully file a complaint against your company or former employer. There is however, a time limit as to filing a claim so get in touch with a gender discrimination attorney or a pregnancy discrimination lawyer to help prepare your case.

Twin Toddlers of OC’s Real Housewife in Pool Accident

Jul 09

Los Angeles LawyerDrowning Accidents drowning accident, leading injury and death 1 Comment

Looks like a real housewife might not be such a good mom after all.

Alexis Bellino from the show, “Real Housewife of Orange County” nearly lost her twin daughters in a near-drowning accident on the 4th of July. Tsk, so much for being on the cover of the magazine Parenting OC this month.

Bellino, 32, and her husband Jim 47, allegedly left their 2 ½ year old twin daughters, Melania and Mackenna unattended in a stroller near the pool at the Balboa Bay Club, to do something.

According to witnesses, the stroller rolled into the pool and a lifeguard dived in to save them. When he pulled the stroller out, only one child was still in it. Jim Bellino dived in to save his other daughter.

The little girls reportedly were fine afterwards and did not require medical attention.

In response to the accident, the father claimed that there was never any need for a lifeguard nor was any lifeguard involved.

In the United States, as many as 10 people die every day in drowning accidents. More than 1 out of 5 of these drowning fatalities involve children aged 14 years old and younger. In fact, drowning accidents are the leading cause of injury death for children aged 1 to 4 years old and 3 children die every day as a result of drowning.

If victims in drowning accidents don’t die, they end up suffering serious injuries. Some non-fatal drowning have resulted to brain damage, long-term disabilities and even put the victim in a permanent vegetative state.

Negligence is often the cause of fatal drowning accidents among children. Aside from being left unattended or unsupervised by an adult in a place with a pool, children being curious can easily amble off and fall into a residential pool if it is unfenced and the gates unlocked.

As much as it is important for parents and guardians to keep track of their children all the time to keep them safely, it is also important for pool and property owners to ensure that they may not be held liable in any drowning accident involving children.

Install a four-sided pool fence that is at least 4 feet high, additional barriers such as automatic door locks or alarms and clear your poolside area free from toys so as not to entice children to play in the area. If you have a resort, having a lifeguard at every pool can also ensure swift response if an unattended child falls in.

Drowning accidents are easily the most preventable cause of death and injuries for children. Vigilance and supervision goes a long way and so does keeping your property safe and secure for kids.

Californians Still Hardheaded About Cell Phone Laws

Jul 06

Los Angeles LawyerUncategorized distracted driving, texting while driving, vehicle crashes No Comments

Last June, Los Angeles city officials including Mayor Antonio Villaraigosa along with AT&T took a firm stand against the evils of driving while texting (DWT) during the launch of the “No Texting While Driving” public safety campaign.

However, during the second anniversary of California’s handheld cellphone use ban this July 1, the California Highway Patrol (CHP) reported that too many motorists continue to bend and break the law.

In California, drivers below 18 years old are absolutely prohibited from driving a motor vehicle while using a wireless telephone or a mobile service device while persons 18 and older are prohibited from operating a motor vehicle while using a hand-held cellular telephone. Similarly, it is against the law to text while driving.

According to the CHP, more than 1200 traffic collisions throughout the state have been caused by distracted drivers on their cellphones. Although the law has been in place for 2 years, 16 people have already died and about 850 injured because of DWT.

Overall, police have issued some 244,000 citations to cell phone law violators. Around 9,000 motor vehicle accidents in Los Angeles could have easily been prevented if people obeyed the law and refrained from texting and/or talking while driving.

While fines ranging from $20 for the first offense and $50 for the second are imposed on errant drivers, CHP Commissioner Joe Farrow says that it is important for drivers to learn when to put down their phones, especially when driving. He said that this kind of distracted driving can cost a driver his life or that of his loved ones.

Distracted driving, like texting and/or talking on the cellphone while operating a vehicle, is the leading cause of most vehicle crashes and near-crashes. A lot of people seem to think that multi-tasking isn’t a big deal and would even do it on the road but in reality, driving is a skill that requires a driver’s full attention.

Once a person starts to text, his/her eyes, hands and mind will be off the road and his/her visual, cognitive, and manual skills will become impaired. Most crashes occur 3 seconds after a distraction so even the mere act of checking a message or picking up a call can put your life or that of your passengers and other motorists in danger.

No text message or phone call is as important as your life or any other person. So the next time you’re out on the road and you hear that familiar ringtone or incoming text message alert, resist the urge to pick up your phone. 3 seconds is all it takes to turn a safe trip to a road disaster.

More than Half of Sacramento Pools and Spas Fails to Comply with the Law

Jul 01

Los Angeles LawyerDrowning Accidents, Personal Injury drowning accidents, unintentional injury No Comments

Summer is here but it looks like thousands of operators of pools and spas are not yet ready for summer.

In Sacramento County in particular, less than half of 2,235 public pools and spas are in compliance with the 2008 federal law called the Virginia Graeme Baker Act. This law requires all pools to install drain covers and anti-suction devices to comply with federal and state regulations.

The law covers spas and pools in apartment buildings, schools, health clubs, hotels and recreation centers but does not include residential pools.

If pools or spa operators fail to comply with federal and state regulations, their businesses will be closed. Other operators who have not submitted the required paperwork will be given 14 days to submit it otherwise an hourly re-inspection fee of $199 will be imposed.

According to the Center for Disease Control and Prevention, drowning accident is the second leading cause of unintentional injury-related death for children ages 1 to 14 years old.

One out of 5 fatal drowning victims are children aged 14 years old and younger.

Pools and spas which fail to comply with federal safety regulations are dangerous as there are hazards such as drain entrapments and eviscerations.

In fact, the Virginia Graeme Baker Act was named after the granddaughter of former US Secretary of State James Baker III who drowned when suction from a spa drain entrapped her under the water.

Also another young girl, five-year-old Valerie Lakey was disemboweled and suffered catastrophic injuries when she sat on an open pool drain whose protective cover had snapped off. Former US Senator John Edwards, who was the family’s lawyer sued the manufacturer of the pool drain cover and won $25 million, the largest personal injury award in North Carolina history.

Pools and spas are meant to be enjoyed by people during the summer, especially by children. But if they do not comply with safety standards and regulations, instead of saving thousands of dollars from pool upgrades and renovations, owners and operators may end up facing millions of dollars worth of damages for personal injury or wrongful death claims filed by the families whose children died or got injured.