Lawyers, Answer Questions  & Get Points Log In
California Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: We had a trespasser on our property and in an attempt to remove him he resisted.

We had a trespasser on our property and when we attempt to remove him he kept resisting. We had the key but he kept locking the door back up if we opened. My associate got angry and broke the door down. The trespasser fled out the back door. Is the trespasser entitled to any protections/is my... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 16, 2022

If the trespasser was injured when the door was kicked down, then yes, your associate may be liable for the injuries (your remedy should have been to call the police and let them deal with it). You should not be exposed to liability if you did nothing to injure the trespasser (unless you incited... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: How is Kemper Ins liable for not covering default judgment of their insured? Insured failed to reply S&C after 26 days..

Def. In civil unlimited failed to respond to S&C after sheriff served. Def. Was insured by Kemper at time of PI auto collision. Def was cited for speeding in rearend accident. Kemper has stoned wall since onset of claim 2 years ago. Property damage and now PI . Filed suit prior to statute limit... Read more »

William John Light
William John Light
answered on Sep 16, 2022

Your prior question indicated that suit was against Kemper. If you brought suit against Kemper's insured, and gave notice to Kemper, that is another question. Kemper may have a defense to any indemnity obligation based upon coverage issues (failure to pay premiums, misrepresentations at the... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Filing for "Court" default judgment on Civil Unlimited failure to respond to S&C after POS by Sheriff some 26 days ago

Filed Civ Unlimited in Pro Per against Kemper Insured Def. Adjustors stone wall forcing me to file, filed to preserve statutes of limitations. Kemper most likely dropped insured from renewing coverage since accident. Insured cited for speeding causing rear collision. Def. served by Sheriff, has... Read more »

William John Light
William John Light
answered on Sep 16, 2022

If Kemper is the insurer for the other driver, you have no right to sue them and you won't be able to get a Default Judgment. Even if Kemper was an appropriate defendant, you have to wait 30 days to file a Request for Entry of Default. Your lawsuit, if any, is against the driver of the other... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: WHAT CAN A OWNER TO A APT COMPLEXBE LIABLE FOR .CAN THEY BE LIABLE FOR UNSAFE CONDITIONS .

WHERE I LIVE IS VERY UN SAFE I HAVE LIVED HERE FOR 2 YEARS AND IN THESE 2 YEARS I HAVE BEEN WITNESS TO MANY SCARY EVENTS. RIGHT OUTSIDE MY NEIGHBOR GOT SHOT 6 TIMES , A CAR WAS LIT ON FIRE AND I RETRIEVED ALL FIRE EXTIGUESHERS TO HELP TRY AND KEEP IT SO IT WOULD NOT SPREAD, WE HAD A KILLER ON THE... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 16, 2022

A landlord owes an implied warranty of habitability to tenants of the premises. See Green v. Superior Court (1974).

4 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for California on
Q: I was exposed to formaldehyde in the office. Can a personal injury claim be filed alongside workers' comp claim?

I suffered a severe reaction, from coughing & choking to blackouts & memory loss. We learned of the toxic chemical after the workers’ comp doctor ordered the employer to have an air sampling test completed. In the weeks leading up to the severe reaction, I was feeling awful; fatigued,... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

No. All workplace injuries and medical conditions are the exclusive jurisdiction of the workers compensation system. There are some very limited exceptions. You should speak to your workers compensation attorney about those.

Good luck to you.

View More Answers

1 Answer | Asked in Education Law and Personal Injury for California on
Q: Liability? My neice hit a kid who was bullying a disabled child.

Now the parents are demanding 800$ for insurance deductible to repair broken teeth.. can the school be held responsible for any part?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 12, 2022

Possibly. The school may have breached its duty to deal with the bullying. However, the causation is likely a factor here -- because the attack on the child was not the direct result of the school's possible negligence.

2 Answers | Asked in Domestic Violence, Criminal Law and Personal Injury for California on
Q: What kind of lawyer do I need if I've been d raped, beat held by threats of mental home or jail or killed and kids GONE.

What kind of lawyer . What are the charges if he's ever even held accountable

What if he's very vindictive and sets me up and has video of me attacking him but doesn't show how he threw broken glass razors and screws into my face while he hid in the dark so it shows only me... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 12, 2022

YOU SHOULD HAVE SHARED ALL THIS WITH THE POLICE, WHO THEN WOULD ARREST HIM FOR RAPE (AT LEAST) ......THE DA'S OFFICE HAS A UNIT TO DEAL WITH VICTIMS, AND THEY WOULD WORK TO ASSIST YOU.

MOST PEOPLE IN YOUR POSITION DO NOT HAVE THE FUNDS TO HIRE A PRIVATE LAWYER. IF SO, A LOCAL CRIMINAL...
Read more »

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: A auto accident created a dental issue the dentists acted outside the standard of care , is this one legal matter or two
William John Light
William John Light
answered on Sep 9, 2022

Could be both. The person who caused the auto collision is responsible for any negligent medical care that follows. If that person's auto insurance is insufficient to satisfy all of the damages, a dental malpractice case might be pursued. However, dental malpractice cases are difficult and... Read more »

View More Answers

5 Answers | Asked in Employment Law, Personal Injury and Sexual Harassment for California on
Q: If past employees make a public statement about unsafe work conditions and sign it together could the employer sue us?

Issues with no breaks, injuries not being paid for, asking for injuries to be paid out of pocket instead of through workman's comp, removing fire alarms. Or is it safer to do an anonymous statement to avoid being sued. We just want to inform/protect future and current staff of the employers... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

If they are factually true statements, yes.

View More Answers

5 Answers | Asked in Employment Law, Personal Injury and Sexual Harassment for California on
Q: If past employees make a public statement about unsafe work conditions and sign it together could the employer sue us?

Issues with no breaks, injuries not being paid for, asking for injuries to be paid out of pocket instead of through workman's comp, removing fire alarms. Or is it safer to do an anonymous statement to avoid being sued. We just want to inform/protect future and current staff of the employers... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 8, 2022

A far more effective way to deal with issues like this is to report the company to OSHA regarding workplace safety issues, and locate and consult with an employment law attorney about the wage and hour violations. Simply making some kind of public statement likely results in noting and opens you... Read more »

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: pro se filed a federal complaint, can they they file a second federal complaint without a lawyer in same court in CA
Tim Akpinar
Tim Akpinar
answered on Sep 22, 2022

The subsequent claim could be challenged if it involves claims or issues which were already decided on the merits. However, this could sometimes be a contentious area, depending on the level of analysis applied. An attorney would need to see the pleadings to advise meaningfully. Good luck

View More Answers

2 Answers | Asked in Animal / Dog Law, Personal Injury and Landlord - Tenant for California on
Q: We are being sued as landlords for a home that we bought for our disabled son for a dog bite.

We are the owners of a house in San Jacinto that we have bought for our totally disabled son and family. They hired (without our knowledge) a professional dog trainer from Temecula, who charged $400.00 for travel and evaluation for future training of the dog. After taking the dog outside, they... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 8, 2022

If your lack of insurance was because of financial challenges, you might have more than you can handle when hiring a Defense Lawyer. S/he will bill on an hourly rate and ask for, I suspect, a sizable retainer. Is that something you can handle?

The "Victim" has a lawyer on a...
Read more »

View More Answers

1 Answer | Asked in Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I have a section 8. I am appealing my failed inspection. I have no air and they can't fix it. LACDA won't move me. Help

I failed inspection for General cleaning and they said to shampoo the carpet. I did. But my apartment doesn't have air/heat and the carpet has to be fixed. Lights come on and off whenever. Owners know and send people who can't fix the problems. So my unit is still failing inspection and... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 7, 2022

try contacting your mayor and congressman for assistance.......

2 Answers | Asked in Personal Injury for California on
Q: so how do I prove authenticity of the medical bills I paid for my care after a rear end accident?

this is an accident where I was rearended by two parties that dispute liability and that I was injured 5 years ago and now they want to exclude my medical bills as hearsay they already got my experts excluded because i became proper and didn't know how to designate my experts correctly and was... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 6, 2022

you are obviously over your head.

did you become pro per b/c you fired the lawyer or the lawyer quit?

why did the lawyer quit if that was the situation?

you need to try to make an appointment with another PI Lawyer...if possible.

if they question your meds, they can...
Read more »

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: I'm in Ca and was a pedestrian getting hit by a car 2yrs and 8 mos ago.Am I too late to sue? I read Covid could prolong?

I heard due to Covid I possibly could have the statute of limitations to file extended. I am homeless and have a hard time just getting my phone charged etc The person that hit me had insurance pretty much the legal required. I had blood on my brain for a week almost and had some teeth knocked out... Read more »

Frederick J. Sette
Frederick J. Sette
answered on Sep 6, 2022

I think your best bet is to retain an attorney on a contingency basis (no money out of pocket) to research and answer this question for you. Statute issues are no so straightforward given the shutdowns, so you're best served by having a specified attorney give you an answer.

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for California on
Q: Sons new job forced mandatory double w/only a 2hr break in between. Son fell asleep & crashed on his way hm. Can he sue?

Non-union due to new employee probation status. Worked appropriately 20hrs within 24hr timeframe. Works as a ramp agent at an airport.

Dale S. Gribow
Dale S. Gribow
answered on Sep 1, 2022

it sounds like a workers comp or employment law case too.

2 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: Looking for a tort attorney with experience in public entities lawsuits

Disabled child abused at a charter school, school is ignoring it with bias investigation, and haven't reported it to outside agencies

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2022

A California attorney could advise best, but your question remains open for two weeks. Don't lose further time awaiting a reply. Just reach out to tort law firms. They'll let you know whether or not they would handle such a case, after you discuss it in more detail. You're losing... Read more »

View More Answers

1 Answer | Asked in Personal Injury for California on
Q: "not responsible sign" I know you have to prove negligence against the sign owner to shoot this sign down, is there case

looking for case law to take to court to prove negligence

William John Light
William John Light
answered on Aug 30, 2022

The presence of the sign doesn't prove or disprove negligence, which is the failure to use ordinary care to prevent injury to foreseeable victims. The sign would only affect whether the owner is relieved of liability by some theory of contract or waiver. I am unaware of any case law on this... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can I sue the property management under landlord tenant law as well as personal injury law?

bug infestation and I notified the landlord. 2 WEEKS later She sent the properties exterminator that only sprays for cockroaches. I told her 2 weeks ago It was termites & carpet beetles that I knew of although I knew their might be other bugs because this place was unsanitary. Said she’d get... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Aug 30, 2022

Yes, you can sue for for personal injury related to negligent upkeep of the premises. Landlords have a duty to provide a habitable premises.

1 Answer | Asked in Personal Injury for California on
Q: Is there anything I can do, if a comic book store stole my most valuable cards and slso switched out out a lot of cards?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Aug 29, 2022

Yes, if you have proof of what you gave them and instructions to them that indicate they were not to have the valuable cards, then you should be able to 1) demand them back via a legal demand letter, and 2) if they don't comply, sue them for conversion of your personal property.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.