“Is the city liable if I trip and hurt myself on the sidewalk”
This is a very common question we come across. The answer, in a nutshell, is the city may be labile if they knew about the damage. The city has approximately 10,750 miles of sidewalk. It would not be reasonable to expect the city to know about every inch of sidewalk. However, if a complaint was formally made, and adequate time for repair was given, the city may be liable for an injury that occurred after such time – if it can be proven that a true danger existed.
Although the city council seems to be making an effort to shift the burden to the homeowner, the current law still stands. The City of Los Angeles is responsible for their sidewalks. It seems logical, as it is the city’s property. Moreover, the City planted the trees that cause the issues!
The media has been all over this item. There is an excellent video produced by KCET that goes over this issue that I highly recommend. See below.
The Los Angeles Times also recently published an article – not much on the issue of liability – but on the issue of who maintains the burden of fixing the sidewalks. The LA Times estimates that a whopping 42% of the city’s streets are in need of repair. The KCET article discusses the fact that lawsuits against the City cost around 5 million dollars a year: “Those lawsuits now cost Los Angeles up to 5 million dollars a year. Some City officials say it’s just cheaper to pay that than spend the billion of dollars it would take to fix the sidewalks.”
Keep in mind, though, not all sidewalks are created equal. For example, just because there is a foot high crack – it does not mean that the city may automatically be liable. The same goes for the opposite situation: just because there is a one inch crack, it does NOT mean the city will NOT be liable. A professional sidewalk injury lawyer in Los Angeles should be consulted if you were injured as a result of a sidewalk or any other private or public property. Different legal principles may apply to your scenario.
Courtesy: KCET article
Personal Injury Lawyer – Sidewalk Injury Lawyer Los Angeles
Source: DefendYourDollars.org, a project of Consumers UnionThe banks are doing it to us again!
Bank of America just announced it will charge customers $5 a month for debit card purchases beginning in January. That’s right, $5 a month to spend your own money. Even if you swipe your card only once – say for a $2 cup of coffee – you’ll still get hit with the fee, making that cup a whopping $7!
And it’s not just BofA. Wells Fargo and Chase are testing out similar fees to decide if they want to follow suit.
It wasn’t that long ago that taxpayers had to rescue Bank of America because their get-rich schemes emptied their coffers and drove our economy to the brink. Now they’re whining that they don’t make enough money off electronic transactions that cost them almost nothing to process.
If you are outraged by these new fees, take action now. It’s time consumers fight back!
If you shop with your debit card (why else have one?) you will pay BofA $60 a year to access your own money. This is ridiculous, particularly since the banks already charge retailers a fee that more than covers the cost of the electronic transaction every time you swipe your debit card.
Congress should investigate if these fees reflect the true cost of processing customers’ debit card transactions – and if the answer is no, do something to stop them.
Even if you don’t use one of these banks, you can still help hold banks accountable for the fees they charge. Ask your members of Congress to get to the bottom of these new fees right now, before we all get soaked again!
Send your message now, and also get tips on how to safely change banks.
The more consumers Congress hears from, the better chance we have of swift action. Please click on the link to send your message now, then forward this (or share it on Facebook) with others so they can do the same.
In the next few days, two anti-motorist bills will land on Governor Brown’s desk, for signature, or veto.
Please call or email Brown and ask him to veto. The bills are:
AB 529. This bill will allow cities to reduce posted speeds by 5 mph, even on streets with a great safety record. The lower posted speed will allow them to shorten yellows, which will increase red light cam ticketing by at least 50%. (Four of the sponsoring cities have red light cams.) Worse, the shortening will increase severe accidents by 30 to 40%.
SB 29: This bill is being sold as “red light camera reform” while it actually makes things worse for motorists. For example, it reduces the number of warning signs, from four per intersection under current law, to just one or two. The bill also muddles the current law giving the police only 15 days to get red light camera tickets into the mail. If the authors of this bill were really interested in reform, they would have done something about the fine for rolling right turns, or the 1.5 million cars with “protected plates.” But they did not.
Phone Gov. Brown at 916 445-2841, or email him via the form at gov.ca.gov. Ask him to veto AB 529 and SB 29. Also phone your union or professional association.
More details about these bills are at the top of my Action/Legis page, at: http://highwayrobbery.net/redlightcamsjoin.htm .
The scenario is:
- You or someone you know is visiting but are not currently a legal resident or citizen of the United States OR
- You are living in the United States without citizenship, ie: illegal immigrant or illegal “alien”
- While in California, you are injured as a result of someone else’s negligence. (Personal injury, auto accient, etc)
Do I have a right to make a claim against the negligent party’s insurance?
Do I have a right to sue the negligent party?
Will my “status” be affected by making a claim or filing a lawsuit?
These are all common questions. However, California courts have held that the immigration status of a Plaintiff is “irrelevant” and therefore considered, inadmissible evidence. The only time the citizenship status would be admissible is if the Plaintiff was trying to submit a “loss of earnings” claim and the Defendant tries to show that there were never any payments made, as the Plaintiff wasn’t even legally allowed to be paid in the United States.
A recent California case has held:
Any potential prejudice that might result from the introduction of the plaintiff’s status as an illegal immigrant can be overcome by a curative instruction by the Court. Certainly, a plaintiff would be entitled to a limiting instruction that his status as an illegal immigrant is not relevant on the issue of liability.
There are many intricate details and considerations that go into filing a personal injury claim and/or personal injury lawsuit. Make sure you speak to a lawyer at the Friedman Law Offices as soon after the injury as possible. Call us at 323-596-1234 so we can preserve your rights.
Personal Injury Lawyer
Consider these scenarios:
- You are the victim of a “hit and run”
- Someone hit your car but their insurance lapsed and they have no coverage.
- You have been seriously injured by another vehicle and accrue tens of thousands of dollars in medical bills. The other party carries the minimum liability insurance of $15,000.
So what do you do when the party at fault has no insurance?
You can choose to personally sue the individual at fault (if you can find him/her). OR rely on your uninsured motorist coverage to handle the claim. In any of the above scenarios, if you carry uninsured/underinsured motorist coverage, your own carrier should pay you for your damages, which includes pain and suffering.
There are so many people driving the streets that do not carry even the minimum insurance required by the law, so be smart and carry uninsured motorist coverage on your auto policy.
At the Friedman Law Offices, we know the ins and outs of the “uninsured/underinsured motorist” laws. If you have been injured as a result of a hit and run driver or uninsured motorist, be sure to contact the Friedman Law Offices as soon as possible so that your rights will be preserved and so that we can get you the maximum recovery possible.
Ari Friedman, Esq.
Personal Injury Lawyer
Friedman Law Offices