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San Jose premises liability lawyersFor many people, there is little else they would rather do on a nice day than go golfing. While we do not typically think of golf as a sport that is likely to cause a player injury, serious golf resort injuries do occur. In some cases, the injury is simply caused by bad luck. In other cases, the injury is a direct result of the golf resort’s failure to maintain a safe premises. If you or a loved one have suffered a major injury at a golf course, you may wonder whether or not you will be entitled to compensation. Determining fault for a golf-related injury is often a tricky process, so getting help from an experienced personal injury attorney is crucial.

Premises Liability Injuries on a Golf Course

Golf is not a high impact sport, however, there are still many ways that someone playing golf can be seriously injured. Sometimes, the injury is the result of the player’s own actions. For example, if a golfer is driving a golf cart in a wildly erratic manner and crashes the vehicle, it is unlikely that the golf resort would be held liable for the golfer’s injuries. However, a golf resort may be liable for injuries caused by an unreasonably dangerous condition on the property.

Examples of injuries that may occur on a golf course include but are not limited to:

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San Jose personal injury attorneysAn unexpected accident such as slip and fall can happen to anyone at any time. Every year, millions of individuals are injured in accidents on both public and private properties. Some of these injuries are caused by defective conditions on the property itself. Buildings that are not in compliance with state and local building codes can present an unreasonable risk to guests to that property. If you or a loved one were injured in an accident involving building code violations, you may be entitled to compensation.

Understanding the Importance of Building Codes

“Building codes” refers to the standards that regulate building design and construction. Building codes require materials, building practices, and structures to meet certain standards for reliability and safety. Common building code violations include:

  • Structural defects
  • Broken or unstable stairways or guardrails
  • Leaky gas fittings
  • Improper electrical wiring
  • Inadequate signage

Both residential properties and commercial properties must be built according to code. As a building ages, the property owner is required to maintain the property in such a way that it does not represent an unreasonable risk of injury to guests. If a building does contain an unreasonably dangerous hazard and a person is hurt by the dangerous condition, the building owner or building manager may be legally responsible.

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Santa Clara County premises liability attorneySometimes injury-causing accidents happen simply because of bad luck. However, if you were injured on another party’s property because that property was not safe or because the property owner/manager was negligent, you may have a valid premises liability case. Many premises liability claims stem from slip and fall accidents, broken staircases, falling objects, negligent security, and unsafe conditions caused by building code violations, however, these are not the only types of situations which can necessitate an injury claim. If you have been injured on property belonging to someone else and you want to pursue compensation, make sure to take the following steps.

File an Incident Report When Possible

Premises liability cases can result from an injury at a residence, government establishment, business, public place, or other property. The type of property on which you were injured will determine the steps you should take to maximize your chances of obtaining reimbursement. If you were hurt at a retail store or other business, speak with a manager and ask to fill out an incident report. Make sure to also get a copy of the report for your own records. If you were injured on a residential property, notify the property owner of your injury as soon as possible.

Get Medical Attention Right Away

It can be nearly impossible to bring a successful injury claim without medical documents which prove the extent of your injuries. Even if you believe that your injuries do not require emergency medical attention, go to the hospital or a doctor’s office immediately after an injury-causing accident. Many times, people do not realize how injured they actually are after an accident because of the pain-reducing effects of the “fight or flight” hormone adrenaline.

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San Jose personal injury attorneysSchools, daycares, and other institutions responsible for the safety of children are held to very high standards. These facilities have a legal obligation to make the premises safe and free from unreasonable dangers. This includes keeping the buildings and grounds free from hazards like broken stairs as well as making sure children are adequately supervised. Sadly, one California family is grieving after their teenaged son passed away in an incident at a Colorado school.

Drunk Driver Hits 15-Year-Old Student Who Wandered from Campus

The young teen who tragically lost his life was adopted by his parents at age three. He had been in foster care and was suffering from symptoms related to a traumatic brain injury. The parents struggled to find a school which could appropriately meet their son’s unique needs, so they sent him to a school specializing in behavioral health issues. In August of last year, the 15-year-old wandered off of the school campus and was stuck and killed by a drunk driver. The driver, who had a blood alcohol content of 0.189 percent, fled the scene of the crime but was later found and arrested by the police. He pled guilty to vehicular homicide-DUI and leaving the scene of an accident involving death.

Parents Say Special Needs Teen Was Not Properly Supervised

Parents of the young man who passed away believe that their son would still be alive if school personnel had been more vigilant. The school is designed for students who suffer from intellectual and developmental disabilities and mental health issues. The young man’s parents say that school staff knew that their son needed constant monitoring and close supervision. They believe that the school was negligent in their failure to properly supervise their child and keep a secure facility. They are suing the facility for negligent supervision and wrongful death. If they are successful in their suit, the school will likely be forced to pay the parents compensation for damages related to the teen’s death. These damages could include compensation for medical bills related to their son’s death, funeral expenses, the loss of love and companionship of the child, and for destruction of the parent-child relationship.

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Posted on in Personal Injury

San Jose personal injuryFor many communities across California and around the nation, Friday nights during the fall season mean just one thing: high school football. The game, in many areas, has become more than just recreation or competition; it is an institution with roots going back several generations. Of course, youth sports are available to children as young as four years old, with soccer and T-ball usually among their options. In the course of a game or practice, unfortunately, it is not common for young athletes to get hurt, and many coaches will tell you that such injuries are simply “part of the game.” But, how far does “part of the game” include, and what responsibility do parents have for assuming the risks?

Risks Inherent to the Activity

Regardless of the sport or physical activity and age level, there will always be the possibility of getting hurt. Certain types of injuries are considered acceptable dangers of the sport or activity. For example, recreational or competitive cyclists may be susceptible to pulled muscles and crash-related bumps, bruises, and broken bones. Likewise, a baseball or softball player is at the reasonable—yet accepted, in most cases—risk of being hit by a pitch or a batted ball.

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In September 2010, California Governor Arnold Schwarzenegger signed Assembly Bill 1871 into law. Effective on January, 1, 2011, the law allows people who are part of a car-sharing network to provide their own vehicles for rental use by members of the network.

Old Insurance Impediment

For years, insurance complications prevented people from offering their cars for use in car-sharing networks like Zip Car and CityCarShare. Most car insurance policies state that receiving payment for renting one's vehicle to others constitutes a "commercial use" of the vehicle, which can invalidate the insurance policy.

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