Legal Blog - Silva Injury Law

Apr 2, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Auto Accidents

Parking Lot Accident Injury Claims In California

Automobile accidents can happen anywhere, and parking lots are no exception. Many parking lot accidents occur due to one or both drivers failing to pay attention to their surroundings. As parking lots can become crowded and busy, it can be easy for drivers to miss something and cause an accident. Whether it be adjusting the radio or air conditioning, or being preoccupied looking for a parking spot, distractions are frequent in parking lots. If you are involved in an accident in a parking lot in California, be sure to document the accident. Document the scene, report the accident to insurance companies, and if you sustain an injury as a result of the accident, contact a personal injury attorney who can assist you in pursuing compensation for your injuries. COMMON ACCIDENTS IN PARKING LOTS Given the busy nature of parking lots, accidents are common. The following are types of accidents which occur frequently in parking lots: Rear-end collisions due to a car stopping short Turning unexpectedly and rapidly in front of oncoming traffic Backing out of a spot without looking properly behind Driving the wrong way Driving through a crosswalk or a stop sign within the parking lot Driving at an unsafe speed Thankfully, the majority of parking lot accidents are minor in nature as they tend to occur at low speeds. However, if a pedestrian or high speed are involved in the accident, the injuries may be substantially more severe. Pedestrians who are knocked to the ground may suffer from a variety of minor to serous injuries, such as back or head injuries POTENTIAL LIABILITY FOR DRIVERS Drivers of vehicles who cause damage due to their negligence or wrongdoing can be held liable for injuries others obtain. In California, all drivers are required to use reasonable care to operate their vehicle, SUV, or truck safely so as to avoid causing harm to others. When a driver fails to look in the rear and side mirrors before baking out, drives too fast, ignores lights, signs and markings in a parking lot they may have breached a legal duty. POTENTIAL LIABILITY FOR PROPERTY OWNERS Property owners in California can be liable for injuries which result from dangerous conditions on their property which they either knew about or should have known about. Therefore, the owner of a parking structure or lot may be liable if they fail to maintain the property in a safe manner. This may involve an owner failing to make repairs, to provide proper staffing and training for staff, having inadequate lighting, failing to mark the proper directions of travel in narrow lanes, failing to mark crosswalks for pedestrians, or having improper designs for parking areas which can create an unreasonable risk of harm to parties near or in the area. Additionally, pedestrians may slip and fall on unmarked curbs or slimy concrete. Parking lot owners may be liable for injuries that are a result of these conditions. CONTACT AN ATTORNEY If you have been injured in a parking lot due to the negligence of another driver or the owner of the parking lot, reach out to an attorney. A skilled attorney at Silva Injury Law will assess your case for free and help you pursue compensation for your injuries.

Mar 30, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Personal Injury

Injury Claims For Minors Against a School In California

We often view schools as a safe place where children can grow and learn in healthy ways. Unfortunately, there are often many dangers present at schools which can cause children to experience serious injuries and even death. Schools have a duty to take every reasonable action to protect the children in their care. When a school fails to do what is reasonable and their negligence causes a child to be injured or killed, the child has the right to seek compensation for their damages. If your child has been injured while at school, reach out to a skilled personal injury attorney who can assist you with your case. California law regarding school liability is complex and an attorney can ensure you and your child receive fair compensation. California School Duties Courts in California have established that schools have a duty to protect children in schools. The school is required to provide adequate supervision for all children in their care. While the school is not considered an insurer of the student’s safety, the school district does have a legal duty to act with reasonable care in supervising children in its charge. When the proximate cause of an injury was due to the failure of a school to exercise reasonable care, they can be liable for the injuries. Therefore, if the school failed to provide supervision and a child suffers an injury, and the injury could have been avoided had the school exercised proper supervision, there may be a liability claim. Examples of potential negligent conduct by school administrators, teachers, coaches and school districts include the following: Failing to properly maintain buses and means of transportation A lack of adequate supervision during extraocular activities, recess, lunch and breaks Failing to prepare food in a sanitary and safe manner Having inadequate emergency plans for fires, tornados, earthquakes, school shootings, etc. Failing to repair equipment, grounds, and unsafe structures Failing to supervise and have adequate safety measures for sports and physical activities Injuries That May Give Rise to Claims Against a School Common examples injuries which may result in school liability include the following: Playground injuries Bullying and physical violence injuries Bus accidents Chemical exposure and burns Sexual abuse or assault Shaken baby syndrome Broken bones Scratches, cuts, burns Brain damage and head injuries Violence leading to injury or death What to Do If Your Child Has Been Injured At School If your child has been injured as a result of a school’s negligence, there are specific steps which must be followed. As the required steps and claims include time specific and detailed information, it is best to pursue with the assistance of an attorney. With an experienced attorney at Silva Injury Law, you can be certain that all deadlines and requirements will be met and that your child receive the compensation they deserve.

Mar 27, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Negligence

Proving Negligence In Child Injury Premises Cases

In California, landowners have a legal duty to ensure their property is safe for guests. When property owners fail to acknowledge and repair potential hazards that they were aware of, or should have been aware of, victims who are injured have a right to seek compensation for their damages. Even if the injured party was not invited onto the property, therefore trespassing, the owner still may have liability if their actions amounted to negligence. Whether or not a property owner is liable for the injured party’s damages will hinge on whether or not the owner acted with reasonable care in relation to the foreseeability of a risk. ATTRACTIVE NUISANCES AND PREMISES LIABILITY Generally, in California the law does not require that an individual be an invited guest in order for them to invoke property owner liability when they are injured on another’s property. This extends to children who suffer an injury on a property that they technically have trespassed on. This is particularly common when there is an attractive nuisance. An attractive nuisance is a condition on a person’s property which may attract children that are unable to appreciate the inherent danger of the condition. These objects, such as swimming pools, trampolines, man-made ponds, tractors and other equipment, can look enticing to children who may not comprehend the potential treat to safety these items pose. Therefore, even when a child trespasses, if they are injured or killed because of an attractive nuisance, the property owner may be held liable. PROVING PROPERTY OWNER LIABILITY In order to invoke property owner liability when a child has been injured due to an attractive nuisance, it is necessary to prove that the owner of the property failed to use reasonable care in keeping their property safe in relation to the foreseeability of risk. The following factors may be helpful in proving liability: If the property owner knew or should have known that it was likely for a child to trespass onto the property. If the property owner was aware or should have been aware of a hazardous condition and the associated risk it would create for individuals, such as children, on the property. Whether or not the injured child should have understood the risks associated with the hazardous condition. If the owner of the property could have reasonably fixed the hazardous condition. That the burden that would be placed on the property owner to eliminate the risk is minor compared to the potential risk posed to children who may enter the property. CONTACT AN ATTORNEY TODAY If you or your child has suffered an injury on another’s property due to the owner’s negligence, contact an experienced attorney at Silva Injury Law today for a free consultation. An attorney will work with you to help you understand the elements involved in your case, whether or not you have a potential claim, and assist you in investigating and building your case.

Mar 24, 2021 | By Silva Injury Law, Inc. | Read Time: 6 minutes | Other

Sexual Assault Civil Cases in California

Separate from criminal law, California civil law allows a person to seek justice and compensation for the emotional and physical injuries sustained from all types of sexual violence. All victims of sexual assault and sexual abuse have the right to file a claim and sue perpetrators for their damages. If you have been or currently are being sexually assaulted or abused, get to a place of safety and contact law enforcement. After you are safe, you can contact a civil attorney who can assist you in obtaining compensation for your damages. SEXUAL OFFENSES THAT CAN LEAD TO SEXUAL ASSAULT CIVIL CASES Any type of sex crime can be the grounds for a civil lawsuit. The following are common sexual offenses that lead to civil sexual assault lawsuits: Rape is defined as the unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, that can be with or without force, and completed by a sex organ, another body part, or with a foreign object, completed without the consent of the victim. Sexual Molestation. Molestation, also known as sex abuse, is abusive sexual behavior, and is often perpetuated by using force and/or taking advantage of another. When the abuse is by an adult towards an adolescent, this is referred to as child sexual abuse or statutory rape. Sexual Battery. Sexual battery is often a crime that is sexual in nature but does not involve penetration. This may be unwanted sexual touching of intimate body parts through fraud or without consent. Indecent Exposure. Indecent exposure is regarded as the deliberate public exposure by a person of a portion of their body, often a sexual organ, in a manner that is contrary to standards of appropriate behavior. Aggravated Sexual Abuse. Aggravated sexual abuse often involve the use of force, fear, or threats of bodily injury, death or kidnapping to coerce a victim to engage in an unwanted sexual act. It can also occur when drugs are given to an unknowing victim in order to render the victim unconscious for sexual purposes. Other types of offenses that can give rise to sexual assault cases can include sex and human trafficking, prostitution, the purchase or sale of a child for sexual purposes, the possession or distribution of child pornography, and sexual harassment. PARTIES THAT CAN SUE FOR SEXUAL ASSAULT CRIMES IN CALIFORNIA Anyone who has been the victim of unwanted touching or an unwanted sexual act of any time can sue for the damages. If you have a question about whether you can seek civil restitution, speak to an attorney. In addition to the victim, family members may also be able to sue for damages if they meet one of the following criteria: The sexual assault or abuse resulted in the victim’s death. In this case the family of the victim can bring a wrongful death or survivor’s action on behalf of the victim’s estate. The family member witnessed the assault, resulting in a potential action for negligent infliction of emotional distress. The assault or abuse resulted in a loss of moral support, intimacy, or companionship to a spouse or registered domestic partner (called the loss of consortium.) WHAT IS NEEDED TO FILE A SEXAUL ASSAULT LAWSUIT A common question is whether or not a victim must file criminal charges before they can file a civil lawsuit. In California, victims are not required to obtain a criminal conviction, or even a police report, before they can sue for damages. This means that even if the assault or abuse was never reported to the police, a victim can still seek damages. While a police report and criminal charges are not necessary, they can be helpful in a civil damages case. If reported, and followed by an investigation, any evidence located may be helpful in a lawsuit. Additionally, going to the police may help in bolstering the victim’s credibility. It is not uncommon for victims to not go to police, however, as victims often fear being believed and mistreated. If a victim does report to the police and the District Attorney chooses to not pursue criminal prosecution, or accepts a plea bargain, victims may feel discouraged. In this situation, a victim may feel they do not have a strong civil case. This does not mean a victim should not bring a civil case, or that a civil case will not be successful. In a civil case, the victim will actually be a party to the proceedings, meaning they get to decide whether the case is settled outside of court or if it goes to a trial. Finally, in a civil lawsuit, the burden of proof is lower than in criminal cases. This means that while the District Attorney may not have been able to prosecute a case to prove the extremely high burden of proof, a civil attorney may be able to meet the lower burden of proof for civil liability. SEXUAL ASSAULT CIVIL LAWSUIT BURDEN OF PROOF There is a difference between the burden of proof required for criminal and civil lawsuits in California. For criminal cases, the guilt must be proven “beyond a reasonable doubt.” This is a high standard that can be hard to prove. In civil lawsuits, however, the burden is by a “preponderance of the evidence.” To satisfy this burden the jury must find that it is “more likely than not” that the defendant did in fact assault or abuse the victim. Another key difference is that in criminal trials it is necessary for all 12 jurors to agree on the defendant’s guilt before a conviction can be reached, while in civil cases it only takes 9 jurors to agree that the defendant is liable. STATUTE OF LIMITATIONS FOR SEXUAL ASSAULT CASES ADULT CASES In California, victims who were adults at the time of the sexual assault and abuse have two years from the date of the assault seek civil damages. The time period for criminal charges is often shorter. One exception is when the defendant...

Mar 21, 2021 | By Silva Injury Law, Inc. | Read Time: 3 minutes | Other

Common Causes for Big Rig (Truck) Accidents in California

Roadway accidents always pose a significant safety risk. Accidents involving large commercial trucks such as tractor-trailers, eighteen-wheelers, and big rigs are an even greater risk. These large trucks can weigh up to twenty times the amount of a typical passenger car. Therefore, when these trucks are involved in an accident with a passenger car, it is almost a guarantee that they will crush the smaller vehicles. There are significant safety regulations in place to prevent accidents caused by large trucks. However, it is not uncommon for truckers or truck companies to ignore safety regulations, increasing the risk of injury and death for those involved in accidents. Victims of these accidents are likely to sustain serious injuries, such as spinal injuries, amputations or life-altering brain damage, or to be killed. If you have suffered as a result of an accident with a large truck, you may be able to recover compensation for any lost wages, medical bills, pain and suffering, and property damage as a result of the accident. Reach out to a qualified attorney at Silva Injury Law who can ensure you receive the compensation you deserve. POTENTIAL CAUSES FOR TRUCK ACCIDENTS Much like a car accident, truck accidents can happen at any time and in a variety of different ways. Large trucks, such as 18-wheelers and big rigs, are involved in 12 percent of traffic fatalities, despite only accounting for three percent of vehicles on the road. Commercial truck drivers are considered professionals and are required to have special training and knowledge of increase safety regulations which control when and how they are able to drive their trucks. Unfortunately, both truck drivers and the companies that hire the drivers, may ignore the laws and regulations in order to increase delivery speeds. This may lead to drivers operating their trucks on an inadequate amount of sleep or with the assistance of drugs to stay awake. Companies may also fail to properly maintain tires, lights, brakes, and other equipment which can create an increased risk for serious accidents. The following are common causes for big truck accidents: Lack of experience or improper training Distracted or impaired driving Inappropriate and unsafe speeds Failure to obey traffic rules Driving while fatigued Lack of proper judgement When a truck driver continues to operate their truck under any of these conditions, the risk for an accident that can lead to serious injury or death is increased. PARTIES WHO CAN BE SUED FOLLOWING A TRUCK CRASH There are a number of parties who may be liable when a truck accident takes place. Most often the truck driver will be a defendant in a claim. If the facts show that the driver was acting negligently while operating the vehicle, they can be held responsible for the losses and damages a victim suffered. In addition to the driver the trucking company may also be sued. If the driver was an employee of a trucking company, they can be included in the lawsuit. If the company failed to maintain the truck properly, they may be held liable for potential damages. Similarly, if the truck company fails to provide adequate supervision for their employees or is negligent in the way they train their drivers, they may be responsible at least in part for the accident. WHAT TO DO IF YOU HAVE BEEN INVOLVED IN A TRUCK CRASH If you have been involved in a truck crash and have suffered due to the negligence of the truck driver, contact an attorney. You may have a right to compensation for your pain and suffering.

Mar 15, 2021 | By Silva Injury Law, Inc. | Read Time: 3 minutes | Personal Injury

Fitness Gym Injury Claims

Under personal injury law in California, when someone is injured in a fitness center accident, they can file a personal injury lawsuit against the responsible parties. Typically, injuries in fitness centers are caused by negligent gym owners, instructors, trainers, third party contractors who are responsible for the maintenance and inspection of equipment, or other gym members. COMMON ACCIDENTS IN GYMS There are a number of hazards that can lead to injury or even death in a gym. Gyms involve a number of people and often have large and heavy equipment. If this equipment is faulty and does not work properly, it can lead to injury. Likewise, if equipment is not properly maintained it may pose a safety risk. Additionally, it is common for employees to exhibit negligent behavior or even intentionally exhibit behavior that may pose a risk to the health and safety of gym members. The actual gym itself may pose potential slip and fall threats, as surfaces may become dirty or slick. Finally, gyms often have many members using the facility at any given time which may lead to safety threats from irresponsible gym members or altercation between members. POTENTIAL DAMAGES RELATED TO GYM INJURIES The injuries one may sustain at a gym range from minor to severe. The implications of one’s injuries depend on the magnitude of the injury. It is common however for those injured in accidents at a gym to suffer the following damages: Pain and suffering both physically and emotionally Lost wages from missing work due to medical complications Extensive medical bills Property damage Punitive damages PROVING NEGLIGENCE FOR GYM INJURIES In order to show that either the gym, trainer, contractor or another individual is liable, it is necessary to prove they were acting negligently when the accident happened. In order to determine negligence, it is important to look at what behavior caused the injury, whether or not the individual who caused the accident owned the victim a duty of care and if so, whether that duty of care was violated due to the behavior. GYM OWNER’S DUTY California law requires that a gym owner ensure that their facility is safe, and that all equipment is in good working condition and safe for gym member’s use. This means gym owners must maintain and upkeep the property to ensure it is in good condition. They must also regularly inspect the machines to ensure that they work properly. When equipment is damaged, the owner must make any necessary repairs. When equipment is undergoing repairs, the owner must have visible warning signs as well as warning signs for any dangerous condition throughout the facility. EMPLOYEE AND TRAINER LIABLITY If an employee of the gym is not conducting themselves appropriate in the gym and is acting negligent, the employer can be held liable. If an employee is failing to supervise the facility or is acting intentionally inappropriate the gym owner may be liable. Similarly, if there is an insufficient staff available to monitor the facility or if hiring is done negligently, the employer may be liable. Similarly, if a personal trainer at the gym is completing their job negligently, they can be liable. This may occur when they instruct a gym member to do a workout incorrectly and it results in injury. A trainer can be liable for injuries which are a result of their negligent or reckless instructions. CONTACT AN ATTORNEY TODAY If you have been injured due to the negligent acts of a gym owner, employee or trainer, reach out to an attorney at Silva Injury Law who can assess your case for free and determine if you have right to compensation for your injuries.

Mar 11, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Other

Sexual Misconduct Cases in California

Sexual misconduct is a term that is used to describe a variety of sexual related crimes and behaviors. “Sexual misconduct” often refers to someone who is behaving in a sexual way towards another person without obtaining that person’s consent for the behavior. Misconduct also often occurs in relationships where the dynamic of power between partners is shifted insomuch that the partner with power uses such to engage in sexual relations. TYPES OF BEHAVIOR THAT ARE CONSIDERED SEXUAL MISCONDUCT In California, a wide range of behaviors fall under the umbrella of sexual misconduct. At the heart of these behaviors is the perpetrator acting in a sexual way without receiving consent. For example, if someone repeatedly hounds an uninterested party for sexual favors, and the other party shows discomfort and disinterest, this is sexual misconduct. If someone exposes themselves to another person without receiving that person’s consent, it is misconduct. If a person makes aggressive or even suggestive comments to someone who has not shown interest, this can be considered to be sexual misconduct. Given the nature of these types of offenses, it is common for misconduct to happen to individuals while on dates or with a current or past partner. For this reason, domestic and intimate partner violence, as well as stalking and dating violence may be considered sexual misconduct. WHAT TO DO IF YOU ARE A VICTIM OF SEXUAL MISCONDUCT The most important thing to do is to get yourself to a safe place. Once safe, you can take the following steps: Seek medical help. Depending on the sexual misconduct, you may need to seek medical help. Medical professionals are trained to assist with individuals who have experienced a sexual crime and receiving medical treatment can be important in preserving evidence. Receiving psychological help in the form of a therapist can help as you process what has happened to you. Report the misconduct. It is often difficult to talk about what happened, as it is extremely violating and personal. Despite doing nothing wrong, you may experience self-blame and embarrassment. Speaking to someone about what has happened can help you receive the support and help you need. Preserve evidence. Your decision to report the misconduct is very personal, and it may take time for you to decide. It can therefore be extremely helpful to save evidence. Depending on the misconduct, this may include anything from clothing you were wearing to messages and pictures. Reach out to an attorney. When you decide you are ready to pursue legal action, contact a qualified attorney who can assist you in holding the perpetrator responsible. An attorney who is experienced in handling cases regarding sexual misconduct can ensure that you are heard and that your claim succeeds. PURSING CIVIL DAMAGES The civil justice system, unlike the criminal justice systems, allows survivors of sexual misconduct to bring claims for monetary damages. These claims, brought against the defendant, can help you receive compensation for your suffering related to their misconduct. Whether it is medical expenses, pain and suffering both of a physical and mental nature, loss of companionship, lost wages, or loss of earning potential. If you have suffered a loss of any kind due to another’s sexual misconduct towards you, you have a right to seek restitution. CONTACT AN ATTORNEY If you have been a victim of sexual misconduct, reach out to an attorney at Silva Injury Law today who will provide you with honest, supportive, and aggressive

Mar 8, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Negligence

Electrocution & Electric Burn Injury Claims in California

Electrocution and electrical burns are regarded as damage that occurs to either the skin or internal organs following a person’s direct contact with an electrical current. Electrocution is the fifth leading cause of work-related injury deaths throughout the United States. Even when the victim does not die, they may experience severe burns, heart attacks, broken bone, busies, and spinal and neurological damage. Electrocution deaths and injuries are most likely to happen to utility workers, electricians, and individuals who work in the construction industry. However, it is possible for anyone to suffer an injury or wrongful death through electrocution and electric burns. If you or a loved one has suffered as a result of an electrocution, reach out to an attorney at Silva Injury Law. An attorney can assess your case and help determine if the electrocution or burn was due to another party’s negligence, and if so, can seek compensation for your damages. HOW ELECTRICTY CAN DAMAGE THE BODY Electrical burns are a result of electrocution. These burns are different from both chemical and thermal burns, as they cause subdermal damage. While electrical burns can cause surface damage, they often damage tissues deep under the skin. These burns can result in a wide range of damages, and in the extreme can cause shock to the brain, injuries to other organs, and even strain to the heart that may lead to death. In addition to damage to the skin, body systems which can be damaged include: Cardiovascular system: The heart is at risk for experiencing severe trauma due to electrocution. It is common for electrocution to result in asystole, which is when there is an absence of cardiac rhythm. This is also known as ventricular fibrillation, which can create rhythms that can be fatal is not treated promptly. Central nervous system: When the current from electricity passes through the body, this can damage both the spinal court and the brain. When this happens, the victim may be unconscious, experience amnesia or be confused about what happened. Long term issues such as psychiatric problems, delayed spinal cord issues, seizures, and damage to the brain and peripheral nerves may occur. Respiratory system: While the lungs are not commonly damaged by electrical currents, injuries can result when a current passes through eh chest or through the brain area that controls breathing. This can lead to difficulty breathing. Musculoskeletal system: Following electrocution, the muscles can suffer damage as a result of the prolonged tetany that can lead to kidney damage and even rhabdomyolysis. ELECTRICAL ACCIDENTS IN THE HOME Electrical burns and electrocution can happen in a variety of ways. They can take place in the workplace as well as in residential areas and in homes. Examples include: When high voltage power lines are left hanging low near homes When construction professionals or contractors making in-home repairs are negligent and leave power cords near water or fail to cut the power while making repairs. Defective products in the home, such as curling irons, power tools and hair dryers can also cause electrical injuries. REACH OUT TO AN ATTORNEY IF YOU HAVE SUFFERED AN INJURY DUE TO ELECTRICAL BURNS If you or a family member has suffered from an electrical burn, reach out to an attorney. Electrical injury and electrocution cases can be extremely complex and often require special expertise. An attorney can best ensure you receive any and all compensation you deserve for your injuries and suffering.

Mar 5, 2021 | By Silva Injury Law, Inc. | Read Time: 3 minutes | Dog Bite

Defenses to Dog Bite Claims in California

When someone is bitten by a dog in California, it is common that the dog’s owners will be held strictly liable for any injuries which result from the bite. There are, however, a number of exceptions which exist that may decrease the liability of the owner. If you have been involved in a dog bite accident, reach out to an attorney at Silva Injury Law who can help ensure you are fairly and adequately represented. UNDERSTANDING STRICT LIABILITY In California, the statute relevant to dog bites makes clear that a dog owner can be held strictly liable when their dog causes any injury. This requires the owner to be responsible for compensation for injuries if the dog was owned by the defendant, the victim was on public property or on private property with permission or invitation, the victim was actually bitten by the defendant’s dog and the victim sustained an injury from the bite. There is not a “one free bite” rule in California, so even if a dog has not bitten anyone before or shown any vicious tendencies, the owner cannot avoid liability. There are, however, a number of defenses which may reduce or rid the owner of liability. POTENTIAL DEFENSES The Bite The statute refers very specifically to dog bites, so it is necessary that the injury sustained was from an actual bite. If the victim was knocked over or jumped on by the dog, then the statute does not apply. Even if a dog’s action of jumping or knocking over a victim, and this causes an injury, the victim may not be able to recover under strict liability. It is not necessary for the dog bite to break the skin to qualify under the statute. If, because of the bite, a victim experiences nerve damage or bruising rather than broken skin, this is sufficient to satisfy the statute. Trespass In order to recover for the dog bite under strict liability, it is necessary that the victim was either on public property or lawfully on private property when the attack took place. If the victim was trespassing on private property at the time of the accident, the trespass will constitute a defense for a claim of strict liability. Assuming the Risk If the victim of the dog bite assumed the risk then this will bar their recovery under the strict liability statute. To assume the risk essentially means that the victim consented to participate in an activity wherein they knew of the dangerous nature and potential outcome. As this relates to dog bites, if a victim interacts with a dog despite being informed by an owner of its potential to bite, or if the victim ignores a “beware of dog” sign, these will prevent a victim from recovering under strict liability. This defense is also applicable to those who work with an assume control of the dog, such as groomers, trainers, veterinarian, etc. Provocation If the victim provokes the dog attack by teasing, hitting, abusing, tormenting, or chasing the animal, they may not sue under strict liability. Even when the provocation is unintentional, such as disturbing a dog’s food, invading its space, or stepping on it or its tail may be a sufficient defense. This does not apply to children under the age of 5, however, as they are not old enough to know to avoid provoking an animal. CONTACT AN ATTORNEY If you have been injured in a dog bite accident, reach out today to the attorneys at Silva Injury Law, who can assess your case and help you receive the compensation you are entitled to.

Mar 3, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Other

Sexual Harassment in the Workplace in California

Sexual harassment in the workplace is against the law in California and is viewed as a form of sex discrimination. Sexual harassment in the workplace refers to behavior such as unwelcome sexual advances, or physical, visual, or verbal conduct of a sexual nature. This behavior may create an intimidating, offensive, or hostile work environment and is based on an employee’s sex. It not necessary that the offensive conduct is motivated by sexual desire. Under California law it is sufficient that the offensive conduct be based upon an employee’s perceived or actual sex or gender identify, sexual orientation, pregnancy, childbirth, and gender related medical conditions. If you have been the victim of sexual harassment in the workplace, speak with an experienced attorney who can ensure you are compensated for any damages or lost work due to the harassment. COMMON EXAMPLES OF SEXUAL HARASSMENT IN THE WORKPLACE Harassment in the workplace can manifest in a variety of ways. The following are examples of common behavior that can be harassing in nature and lead to a hostile work environment: Unwanted touching, such as back rubs, pinching, “accidental” brushes against your body Derogatory or sexual comments, jokes, epithets or slurs Discussion of sexual acts A threat to reduce your pay, hours, benefits, or other conditions of employment unless you comply with a sexual request An offer for benefits or employment in exchange for sexual favors The display of sexually suggestive pictures or objects Graphic or sexually degrading comments WHAT TO DO IF YOU HAVE BEEN HARASSED AT WORK If you have experienced or are currently experiencing harassment in the workplace, the following are important steps to take: Read your company’s sexual harassment policy, which often will outline the actions to take when harassment is occurring. Be sure to put complaints in writing and keep detailed records of all incidents of harassment. In the records be sure to specify the date and time of the harassment and all individuals involved. Based on the guidelines in your company’s sexual harassment policy, reach out and inform your employer regarding the harassment. Failing to report the harassment may impact your ability to pursue remedies in the future, so it is incredibly important to report. File a complaint with the state or federal agency regarding the harassment. PROVING SEXUAL HARASSMENT IN THE WORKPLACE In California, in order to establish sexual harassment, you must show that the conduct was either pervasive or so severe that it affected an employee’s ability to work. When the conduct affects employees’ ability to work, it is known as a “hostile work environment.” Not only can the target of the behavior have a harassment claim, but those who are forced to repeatedly witness inappropriate comments and actions can pursue a claim. If you have been the victim of a hostile work environment or have been the target of sexual harassment in the workplace, and your employer has failed to adequately remedy the problem, reach out to an attorney. It is not uncommon for employers to refuse to act, or for the reporting of the harassment to lead to more harassment. In these situations, an attorney can guide you and protect your rights.

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