Archives for September 2013

The Legal Responsibilities of a Pool Owner

No Diving
A pool can provide fun and relaxation for the whole family, as well as friends. But a pool is also an inherently dangerous condition, what the law refers to as an “attractive nuisance,” something that piques the curiosity of small children. Because of these concerns, the law imposes specific duties on pool owners.

Because of the risks associated with a pool, the California legislature passed legislation requiring homeowners with pools to take certain precautions. Under the Swimming Pool Safety Act of the California Health and Safety Code, for any pool constructed or remodeled after January 1, 2007, the pool must have at least one of the following drowning prevention safety features:
The pool must have an enclosure that prevents access to other homes. The enclosure must be at least five feet high, with no more than two inches gap from the ground to the bottom of the enclosure. There can be no gaps in the enclosure of four inches or greater. There can be nothing on the outside of the enclosure that would serve as a foothold or handhold to allow a child of less than five years of age to climb over the enclosure. All access gates must open away from the pool, must be self-closing and self-latching, with a latch at least 60 inches from the ground.

  • The pool may incorporate removable mesh pool fencing, provided it meets ASTM (American Society for Testing and Materials) specifications, and has a self-closing, self-latching gate that can accommodate a key lockable device.
  • The pool has an approved safety pool cover that meets ASTM specifications
  • The home has exit alarms on all doors that lead directly to the pool
  • All doors that go directly from the house to the pool have self-closing, self-latching devices with the release mechanism at least 54 inches above the floor
  • The pool is equipped with alarms that are placed in the pool, and that will go off when there is accidental or unauthorized entrance into the water
  • Any other means of protection, provided the degree of protection is equal to or greater than that provided by any of the means above, as long as the means of protection has been independently verified by an approved testing laboratory.

The statute defines swimming pool to include any structure that contains water over 18 inches deep, and that is intended for swimming or recreational bathing, such as spas, hot tubs and whirlpools.

Contact Weber & Nierenberg

We offer a free initial consultation to anyone who has suffered a personal injury. Call our office toll free at 1-866-288-6010
or send us an e-mail to set up an appointment.

How Lawyers Determine How Much You Should Recover for Your Losses

Determining the Value of Personal Injury

When you have suffered a personal injury, you may be immediately aware of the some of the financial implications. You may be unable to work, and you may have substantial medical bills. These costs, however, will likely be only a part of what you can potentially recover. An experienced personal injury lawyer should be able to give you a realistic assessment of the total value of your case, of what you can expect as the full measure of recovery for your losses. What are the factors that go into that determination?

The Different Types of Damages Available for a Personal Injury

When the negligence or carelessness of another person causes you loss or physical injury, you can seek compensation for the following types of losses:

  • Compensatory damages — Compensatory damages refer to actual out-of-pocket expenses, or to any lost income due to the injury. This includes wages, salary or any other income that is not earned because of your injuries. It also includes un-reimbursed medical expenses, including the costs of physical therapy or rehabilitation. These damages must be proven with specificity. You must show exactly what your income was, what income was lost, any current or expected medical expenses, and the cost of replacing or repairing any damaged personal property. You can also recover for travel expenses resulting from your injury.
  • General damages — These are damages that cannot be demonstrated with specificity, but which you have nonetheless incurred. Examples include physical pain and suffering, mental distress, disfigurement or permanent scarring, the inability to engage in activities that you love, or the simple loss of enjoyment of life.

Other Factors Affecting the Value of Your Case

Other factors that can have an impact on how much you recover include:

  • The extent to which your actions contributed to your injury—If you were partially negligent, your carelessness will potentially reduce your damage award, and may negate it entirely.
  • Whether you took reasonable steps after your accident to minimize or “mitigate” your losses—If you fail to get necessary medical treatment and your condition worsens, your potential damage award can be reduced.

Contact Weber & Nierenberg

We offer a free initial consultation to anyone who has suffered a personal injury. Call our office toll free at 1-866-288-6010 or send us an e-mail to set up an appointment.

Motorcyclist Killed in Collision With SUV on Bear Creek Road, Santa Cruz Mountains, CA on 9/9/13

On the afternoon of Monday, September 9, 2013, a man driving a motorcycle was involved in a collision with an SUV on Bear Creek Road in the Santa Cruz Mountains. The motorcyclist suffered fatal injuries. Reports indicate that the SUV driver was attempting to make a left turn.

The personal injury attorneys at the Weber & Nierenberg law firm are well-experienced in motorcycle accidents, including those involving wrongful death, as well as auto, bus, truck, pedestrian and bicycle accident cases, and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a pedestrian accident or auto, motorcycle, bicycle, bus accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure your rights are vindicated. For a free consultation or to make an appointment, call 1-866-288-6010.

Man Killed in Collision With Tow Truck on Blossom Hill Road, San Jose, CA on 9/6/13

On Friday, September 6, 2013, a man driving a Chevrolet Impala was involved in a collision with a tow truck at Blossom Hill Road and Poughkeepsie Road in San Jose. The driver of the Impala suffered fatal injuries. Police are investigating.

The personal injury attorneys at the Weber & Nierenberg law firm are well-experienced in motor vehicle accidents, including those involving wrongful death, as well as motorcycle, bus, truck, pedestrian and bicycle accident cases, and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a pedestrian accident or auto, motorcycle, bicycle, bus accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure your rights are vindicated. For a free consultation or to make an appointment, call 1-866-288-6010.

Two Women Killed in Hit&Run Collision on N. First, San Jose, CA on 9/2/13

On Monday, September 2, 2013, a Mercedes Benz struck a Toyota Yaris near the intersection of North First Street and Skyport Drive in San Jose, CA. The unidentified driver of the Mercedes ran away from the scene. The driver of the Yaris and a passenger both suffered fatal injuries. Police are investigating this as a Hit-and-Run.

The personal injury attorneys at the Weber & Nierenberg law firm are well-experienced in motor vehicle accidents, including those involving wrongful death, as well as motorcycle, bus, truck, pedestrian and bicycle accident cases, and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a pedestrian accident or auto, motorcycle, bicycle, bus accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure your rights are vindicated. For a free consultation or to make an appointment, call 1-866-288-6010.

Semis Collide, Driver Killed on Highway 12 in Suisun, CA on 9/3/13

On Tuesday, September 3, 2013 around 5:00 a.m., two semis collided on Highway 12 between Sunset Avenue and Walter Road in Suisun City. One of the semis was loaded with milk. One of the semi drivers suffered fatal injuries. Traffic was disrupted for many hours.

The personal injury attorneys at the Weber & Nierenberg law firm are well-experienced in motor vehicle and truck accidents, including those involving wrongful death, as well as motorcycle, bus, pedestrian and bicycle accident cases, and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a pedestrian accident or auto, motorcycle, bicycle, bus accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure your rights are vindicated. For a free consultation or to make an appointment, call 1-866-288-6010.

Can You Sue the Government for Personal Injury?

Government Buildings

Can You Recover Damages from the Government for Negligence?

If you have been injured in an accident on government property, or because of the carelessness or negligence of a government employee, how do you go about seeking compensation from the government for your losses? Perhaps you’ve heard the term “governmental tort immunity” tossed around…does that mean that a governmental entity can never be sued for negligence or carelessness? The answer is no…governments can be defendants in personal injury claims, but such proceedings are tricky.

Suing the Federal Government

What if you were injured in an automobile accident when a mail carrier ran a stop sign? What if your VA doctor or nurse failed to properly diagnose an illness or injury? Fortunately, the Federal Tort Claims Act (FTCA) allows private individuals to sue for damages for personal injury caused by federal employees. Here are the general guidelines regarding when you can file a claim under the FTCA:

  • You cannot sue independent contractors under the FTCA, only federal employees. (You may file a private action against an independent contractor, though.)
  • You can only file claims based on negligence, not on intentional misconduct.
  • The negligence must have occurred while the defendant was performing acts that were within the scope of his duty.
  • The claim must be allowed under the state law in the state where the injury occurred.

Personal Injuries Involving State or Local Governments

As a general rule, when you have a personal injury claim involving a state, county or municipal government employee, you have to file a notice of claim within a certain time period after your injury. Most states have laws that grant governmental bodies some level of immunity to liability, in exchange for the creation of a process to allow you to administratively seek compensation for personal injury claims. You must, however, carefully follow the procedures set forth in statutes, or you risk losing your right to obtain damages for your losses.

Contact Weber & Nierenberg

We offer a free initial consultation to anyone who has suffered a personal injury, including people hurt in an accident. Call our office toll free at 1-866-288-6010 or send us an e-mail to set up an appointment.

 
 
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P. 510-663-6000

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