Generally, hold harmless agreements are enforceable in California if they are specific. That said, hold harmless provisions are strictly construed against the party they protect. What is a hold harmless agreement? A hold harmless agreement is a contract provision. By signing it, one party (the indemnitor) agrees to hold the other party (the indemnitee) harmless …
The substantial factor test is used to determine whether someone else’s conduct was the proximate cause of your injury. It asks whether the defendant’s conduct was a substantial factor leading to your injuries. In a personal injury case, you generally must show that there was causation, including proximate causation, between the defendant’s conduct and your …
In California, the principle of res ipsa loquitur lets you prove someone’s negligence caused your injuries by the mere fact there is no other reasonable explanation. In short, the only logical conclusion based on the available evidence is that the defendant is liable. Example: A small plane crashes into the ocean on a clear day. …
California law allows you to sue if you are bitten by bedbugs while renting property or staying in a hotel. The defendant would be the property owner. To date, there have been no successful claims against Airbnb itself for bedbug bites or infestations. Airbnb does not appear to have a legal duty to people who …
In California, the minimum depth for tire treads on any two adjacent grooves is 1/32nd of an inch. For major grooves, the minimum depth for tires on the vehicle’s steering axle is 1/8th of an inch. For all other tires the minimum depth is 1/16th of an inch. Driving on tires with shallower tread can …
California’s statute of limitations for contractual medical liens is four years. This gives medical providers four years from the date of the lien agreement to take legal action to collect on it. After the four years have passed, the lien expires. The medical provider loses their right to pursue payment in court, though they may …
Loss of enjoyment of life is a type of legal damage for which you can recover financial compensation in a personal injury claim. That financial compensation would be for your inability to do enjoyable things due to your injuries. It is especially common for severe injuries that leave you with a disability. Economic damages that …
A dog bite case can settle in as quickly as 1 month or as long as 6 years, though around 2 years is normal. The extent of your injuries and whether the dog owner will be held strictly liable or not will make a huge difference in the time frame. Another key factor is if …
California crosswalk laws give pedestrians the right of way in an unmarked crosswalk. However, you – as a pedestrian – still have to take due care for your own safety. You cannot jump into traffic in a way that creates an immediate hazard. You also cannot unnecessarily delay traffic. If you are a victim in a …
After a drowning accident, the person responsible can be held liable and made to compensate the victim. Six common parties to be held liable for a drowning include: private swimming pool owners, public swimming pool operators, neighborhood associations or recreation centers, apartment complexes, hotels, and water parks. A personal injury lawyer can help victims and …
In California, the victim’s surviving family members get the money in a wrongful death claim. These are the victim’s: surviving spouse, children, grandchildren, if the victim’s own children have passed away, other minor children, if they got at least 50 percent of their financial support from the victim, domestic partners, and anyone else who would …
In some criminal cases, law enforcement officers are unable to gather the evidence necessary to prove that you are guilty persuasively. It is extremely important to be able to recognize when the case against you is a weak one. Nine signs that the criminal case against you is weak are: a lack of evidence, conflicting …
The most serious car accident injuries are those that are fatal or extremely disabling. These injuries can also lead to the biggest settlement values for the victims or their loved ones. Those settlements amounts aim to reflect how much you have lost from the accident. Typically, the more severe the injury, the higher the settlement. …
Can I drive in California with a drivers license from a foreign country?Watch this video on YouTube If you have a current and valid driver’s license from a foreign country, you can legally drive in California. You do not need to get a California driver’s license or international driving permit (“IDP”) as long as: You …
An arrest for driving under the influence (DUI/DWI) can result in the revocation of your H-1B visa or its non-renewal. Consular officials with the U.S. Department of State have the discretion to revoke or decline to renew your visa regardless of whether you get charged or convicted of DUI. Whether the state revokes or non-renews …
A cumulative injury is one that happens gradually over a period of time, rather than all at once. They are generally workplace injuries. Certain workers are more prone to cumulative injuries than others. These injuries are often more difficult to prove in a workers’ compensation case. They may raise important issues with the statute of …
Depending on the jurisdiction and circumstances, spitting on someone may be a crime. In some states, spitting on someone can be assault or battery. In others, directing bodily fluids, including spit, at government employees, such as police officers or prison guards, is a crime. In either case, spitting on someone can lead to a lawsuit …
Garage door spring accidents are incidents that cause injuries or property damage because the spring in a garage door breaks. These incidents can be surprisingly serious. The injuries can even be fatal. However, there are steps that you can take to prevent them. You may have legal recourse if you suffer from a garage door …
The length of time you have to wait in California until you can try to reinstate your suspended driver’s license largely depends on the reason why your license was suspended in the first place. For example, the California Department of Motor Vehicles (DMV) can suspend your license for six months if you accumulate too many …
Your body size, as determined by height and body weight, can influence your blood alcohol concentration (BAC). In general, a shorter person with a smaller body will have a higher BAC than a larger person who consumes the same amount of alcohol over the same period of time. Blood alcohol levels are of extreme importance …
Possibly, yes. Most states usually do not have a law that says you must report a DUI conviction to your insurer. Though it is typically a good idea to do so. If you try to hide a DUI from your insurance company, and the company learns of it, they could refuse to pay a claim …
There are three primary ways in which a person can try to modify a criminal sentence in California. These are when the person: files a motion for resentencing, appeals the sentence, and brings a writ of habeas corpus petition. There are also two ways a court can modify a sentence on its own accord. These …
California’s statute of limitations for filing an employee misclassification lawsuit against your employer is three years from your last day of work. It can be extended to 4 years if your employment contract was breached. However, please do not wait until the statute of limitations is about to expire to start your case: It takes …
Your company may be liable for coworkers who are harassing you if your company was negligent in not stopping it. Your company is negligent if it knew or should have known that the harassment was happening, but failed to take immediate and appropriate action to end it. You can recover any wages that you lost …
If you violate the terms of your probation in a California DUI case, three things may happen: the judge will issue a bench warrant, law enforcement can arrest you,1 and the court will hold a probation violation hearing.2 At this hearing, the prosecutor presents evidence to prove you violated probation. Then I would present evidence …
