Jan 31
Our email newsletter, the Mesriani Law Digest – January edition has been released. One of the articles there talks about What California Drivers Should Know to Avoid Accidents during this Rainy Season – and this is of course to avoid personal injuries.
Rains bring about slippery roads and poor visibility which do not only cause accidents by themselves, but also aggravate common causes of car accidents.
Nov 24
It is Black Friday again in California – the time of the year when Christmas shopping starts. It is expected that thousands of shoppers will storm various retail shops that offer promotional sales the day after Thanksgiving. Amidst the shopping craze, buyers should not forget to mind the items they are buying, especially toys.
Recent reports have said that California Public Interest Research Group (CALPIRG) has identified at least 12 toys being sold in the market as unsafe for children. The group’s annual report, “Trouble in Toyland”, has said that some toys in the market violate federal standards because they contain toxic amount of lead, chemicals, and choking hazards. Some of the determined unsafe toys include Hello Kitty key chain, eye shadow set, Honda toy motorcycle, and Tinkerbell watch.
Pursuant to Consumer Product Safety Act (CPSA), product manufacturers and retailers are responsible for ensuring the welfare of the consumers by producing only safe merchandises. Additionally, in 2008, Congress has passed a resolution that limits the allowable level of lead concentrations on children’s products in order to assure consumer safety. CALPIRG has claimed that the products they have determined unsafe did not pass the evaluation concerning lead contamination.
Under California personal injury law, manufacturers and retailers may be subjected to legal charges if their product has injured a person. In such situation, the injured consumer may file a products liability claim against the manufacturer as well as the seller. Legal remedy often includes compensations for the victim’s injuries and pain and suffering damages.
For more information about products liability claim in California, you may consult with an expert Los Angeles attorney. Your lawyer will guide you throughout the litigation process. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.
Nov 22
Alcohol and trespassing is not a good combination. In San Diego, a 27-year-old woman was seriously injured when she attempted to jump into a moving train. Reports said that the victim’s right arm and toes had to be amputated due to the severity of her injuries.
The woman’s companion, a 34-year-old male was able to hop on to the train traveling about 7mph. However, the female failed to go on board the train and landed on the rails before getting hit by a tanker car. The victim’s companion leapt off from the train to take her to the nearest hospital. According to San Diego Sheriff’s Department, the two trespassers are believed to be under the influence of alcohol when the train accident happened.
Under the California Penal Code 369i (West 1999) and 554 (West 1999), the actions done by the victim and her companion are illegal. Pursuant to the said State laws, any person who enters railway premises without the permission of the transportation commission or authority may be legally charged under the law.
Trespassing on railroad properties has become a serious threat for some Californians. According to Federal Transportation Administration (FRA), trespassing is one of the major causes of train accidents in the country. Furthermore, according to FRA’s Office of Safety Analysis, in 2007 alone, 473 people were killed due to trespassing incidences.
To learn more information about California laws concerning train accidents, you may consult with an expert Los Angeles personal injury attorney. Your lawyer will guide you throughout the litigation process. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.
Nov 15
School buses are supposed to bring students to school not to the hospital. In California, several bus accidents contribute to the high number of personal injury cases in the State. Because of this, parents and school administrators should make sure that school bus drivers ensure students’ safety at all times.
In Riverside County, a 5-year-old boy was severely injured when he got involved in a school bus accident. According to reports, the student sustained serious injuries when he fell from the vehicle’s open door while the school bus was moving at 70th Avenue and Hayes Street in Mecca. California Highway Patrol officials have said that because of the severity of the accident, the paramedics needed to use a helicopter to bring the boy to the nearest hospital.
In case that the bus driver’s failure to ensure the safety of his passengers led to the accident, he may face legal charges with respect to the legal components of California personal injury law. Pursuant to tort law, when a person fails to exercise a determined degree of care expected of him and that breach of duty of care resulted in injury of another person, he may be held legally liable for the accident.
School bus drivers should take all necessary measures to ensure the safety of their children passengers in order to avoid any minor or serious accidents.
To learn more about bus accidents in California, you may seek legal assistance from a Los Angeles personal injury lawyer. Your attorney will guide your throughout the litigation process. Dial 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.
Nov 10
Despite the plethora of daunting stories about drunken driving, some California drivers still care less. One of the most obvious contributing factors to negligence-related car accident in California is driving under the influence of alcohol. Drivers should never attempt to operate their vehicles if they are intoxicated in order to avoid causing fatal accidents.
In Santa Ana, a 2-year-old boy was fatally injured by a drunken driver Wednesday night. According to news reports, the negligent driver escaped the accident scene immediately after the crash. The hit-and-run accident happened at the intersection of 5th and North Bewley Streets, reports added.
Authorities have said that the driver is now in their custody. Officials have identified the driver as Angel Perez. Initial investigation found out that the Toyota 4-Runner of Perez struck the 2-year-old boy and his mother. The toddler was stuck under Perez’s car and was pronounced dead at the scene.
Aside from vehicular manslaughter, felony DUI, hit-and-run, and driving without license, Perez may also face wrongful death charge. Under the California’s personal injury law, a negligent driver who causes death of a person may be required to provide compensations to the victim’s survivors. Pursuant to tort law, proven negligent drivers may have to pay damages to the deceased’s survivors, including family members, spouse, parents as well as dependents.
To learn more about wrongful death cases in California, you may seek legal assistance from a Los Angeles personal injury lawyer. Your attorney will guide your throughout the litigation process. Dial 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.
Nov 08
There are numerous insensitive and uneducated labels that certain California workers use for autistics. Despite this situation, employers, because of their education and knowledge, should be the first one in the line to correct any negative remarks concerning people with autism. However, this was not the case for Comfort Suites, a hotel developer and operator in California which has failed to accommodate the needs of its one particular employee with autism.
According to a press release by the US Equal Employment Opportunity Commission (EEOC), Comfort Suites committed employment discrimination when its management denied reasonable accommodation to a front desk clerk. The disabled employee, who was working at the Comfort Suites Mission Valley Hotel in San Diego, was reprimanded and eventually terminated in 2008 all because of his disabling condition.
In accordance with the Americans with Disabilities Act (ADA), the EEOC has filed a lawsuit against the hotel company. News reports have recently announced that the company is ordered to pay $132,500 to the discriminated employee. In addition, Comfort Suites is also implored to implement necessary company policy changes in order to prevent any workplace discrimination incidence from happening again.
Pursuant to ADA, California employers are legally required to provide reasonable accommodation to qualified applicants and employees; otherwise, they may face employment lawsuits. Furthermore, employers are prohibited from discriminating against people due to their disability.
If you have experienced employment discrimination in California, you may seek legal assistance from a Los Angeles employment lawyer. Your attorney will guide your throughout the litigation process. Dial 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.
Oct 28
The homophobic days of certain California employers are about to end as a new bill is set to discipline their discriminatory employment practices.
Transgender and homosexual employees in California may now expect for better employment rights as Governor Jerry Brown signed into law the controversial Assembly Bill 887 or the Gender Nondiscrimination Act.
Starting January 1, 2012, California employers are strictly prohibited to discriminate against employees based on their gender identity and expression as per mandated by the new bill. AB 887, according to its provisions, prohibits discrimination based on “a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.”
According to Transgender Law Center, an organization in California advocating for transgender communities, transgender employees in California are not aware of their rights against employment discrimination even though the Fair Employment and Housing Act (FEHA) protects them. The group has added that the lack of knowledge of transgender employees made the passing of AB 887 a necessity in order to specifically determine the rights of workers.
Upon the implementation of the Gender Nondiscrimination Act, employees who believe that they have been discriminated against because of their gender identity may file employment discrimination claim against their employers. Pursuant to FEHA and AB 887, employers may face legal charges if proven they have committed acts of discrimination.
If you want to learn more information about your rights as a California employee, you may consult with a Los Angeles employment attorney. Your lawyer will guide you throughout the litigation process. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.
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