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September 2018 Archives

Can I contest a ticket produced from radar gun evidence?

A California police officer standing in a secluded place with a radar gun to catch speeders is not an uncommon sight. Many motorists will attest to being pulled over by a police official and ticketed because the radar gun claimed that they were driving over the speed limit. However, you might believe your speedometer said otherwise and contest your ticket in court. How likely is a court to accept that argument? Unfortunately, not very likely.

What is a loss of consortium?

When someone is the victim of a serious injury, one of the cruelest consequences is the effect this has on the person's spousal relationship. This damage is known as a "loss of consortium." It encompasses such things as the loss of love, affection, companionship, comfort, society and sexual relations.

What to know about physical assault and premises liability

Not all forms of premises liability involve slipping on a floor or hurting yourself on a flight of stairs. In some places of business, an employee might inflict harm upon or physically attack a customer. Aside from the employee's own personal liability for the assault, there are cases where a California employer can be held liable for the assault as well, if not under the doctrine of premises liability, then under other theories of liability.

Are store owners liable for falling boxes?

If you were driving along a California hill or a mountainside, you might see a sign that says "beware of falling rocks." Rocks rolling or dropping down a mountain would not be unexpected, and so you would consider that warning to be a legitimate risk. However, you would not expect to enter a big store or a warehouse and experience the same risk of boxes and packaging falling on your head. So if you should be hurt by a package dropping on you, can you sue the store?

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