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The Importance of Hiring an Attorney When You’ve been Injured-

Topics: Personal Injury

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[embed]https://www.youtube.com/watch?v=ozS37p1K0Dc[/embed] Attorney Seth Mitchell, of The Law Offices of Scott Warmuth, discusses the importance of hiring an attorney when you have been injured.
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How is Fault Determined in a CA Slip and Fall Accident?

Topics: Personal Injury

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If you have suffered injuries requiring medical attention from a slip-and-fall accident on the property of another - whether it be a store, parking lot, icy/slick steps, or another’s home - it is in your interest to determine whether you are eligible to pursue a personal injury suit to recover the financial damages you have suffered related to medical bills, lost time from work, and pain and suffering. A critical aspect of winning a substantial settlement or verdict in a slip-and-fall action is in proving fault on the part of the defendant. Below we briefly discuss how fault is determined in a California slip-and-fall action.

Slip and Fall Actions Are Primarily Based on Landowner/Premise Liability

If a person negligently or intentionally created a danger which caused you to slip and fall - such as by placing a slick substance on your path where you would not see it - that person would be liable for your injuries under an ordinary negligence claim. But, in most slip and fall cases, either the person who actually created the dangerous condition is nowhere to be found, the dangerous condition was not the result of a person’s affirmative action (e.g. a puddle that forms due to a leaky roof or icy steps), or that person does not have sufficient funds to pay for your injuries. Thus, in most cases, a plaintiff looks to the owner of the property where the fall occurred. Under California law, all property owners (as well as parties who lease, control, or occupy property) have a duty to use reasonable care to keep the property in a reasonably safe condition. What this means under the law is that such parties (according to the California jury instructions on a landowner’s duty of care): “must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.”

How a Property Owner’s Duty of Care Results in a Finding of Fault

So how does that standard actually work in practice in reaching a finding of fault on the property of the property owner? Essentially, a jury will look at any given set of facts where a slip-and-fall accident occurred and analyze whether the property owner took “reasonable care” to 1) discover the unsafe conditions that caused the fall, and 2) to do something to remedy the unsafe condition, such as cleaning up a spill, replacing uneven tiles on a floor, or placing a clear warning sign at the spot of the unsafe condition. Take, for example, a large home repair store where a child empties a bag of ball bearings in the aisle. If you come around the corner five seconds after this occurs and slip on the ball bearings, then a jury might determine that the store employees (whose actions are imputed to the store itself) did not have time in which reasonable care would have discovered the unsafe condition. At the same time, the jury might analyze whether merely having the ball bearings in reach of small children presented a dangerous condition that should have been remedied. But if you walk around the corner an hour after the child dumps the ball bearings on the floor, then a jury might conclude that it was unreasonable for the store’s employees not to have noticed the condition and/or remedied it, thus there would be a finding of fault on the part of the store.

Reaching a Settlement in Your Slip-and-Fall Accident

If this sounds like a level of uncertainty in determining fault, you would be correct. It can be impossible to determine how a jury might answer the question of what constitutes “reasonable care” but both plaintiffs and defendants are aware of this, and will often reach a settlement on such issues (which account for the uncertainty in the final settlement numbers) before going to a jury. To learn more about the likelihood of finding fault in your slip-and-fall accident, speak with an experienced personal injury attorney about your particular accident.

Contact an Southern California Personal Injury Attorney Today

When you work with the legal team at the Law Offices of Scott Warmuth, you can expect a trusted legal advisor and guide at your side. By contacting us as soon as possible after your injury, we can immediately step into action to begin investigating the accident, gathering evidence, and working with your medical provider to build your best case for maximum recovery. Our multilingual staff is here to help injured victims and their families across Los Angeles and Southern California. Contact us today to set up an initial consultation regarding your potential claim.
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The FAQs of Domestic Violence Charges

Topics: Criminal Defense

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[embed]https://www.youtube.com/watch?v=qnSXjrw5Jj0[/embed] Attorney Justin Rodriguez, of The Law Office of Scott Warmuth, discusses the consequences of criminal defense charges. View the Chinese version here
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Why Should You Choose The Law Office of Scott Warmuth for Your Personal Injury Claim

Topics: Personal Injury

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[embed]https://www.youtube.com/watch?v=aVlrWjB1Cc8[/embed] Attorney Sean Mitchell, of The Law Offices of Scott Warmuth, discusses why we are the firm for your personal injury claim.
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Do You Have to Talk to Police at a DUI Checkpoint?

Topics: Criminal Defense

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The LAPD and other police departments throughout Southern California have taken an increasingly aggressive approach to drunk driving in recent years, and one of the tools that they have used more frequently are DUI checkpoints. Such checkpoints are constitutional under both federal and California state law, but police must follow certain guidelines, such as using a non-arbitrary formula to stop drivers (e.g. every third vehicle), which means they cannot use factors like race or car model to decide which drivers to stop. That said, there has been much misinformation put out there by non-lawyers, especially on YouTube and other Internet sources, regarding your rights at a DUI checkpoint, specifically on whether you have to talk to police at a DUI checkpoint.

Providing Your License and Registration

It is important to note that, if you see a DUI checkpoint ahead, you are within your rights to avoid the checkpoint if you can legally and safely do so, such as by turning onto a side street. You should not attempt to avoid the checkpoint through an illegal maneuver such as a prohibited U-turn, which is sure to attract police attention. When your car is stopped, however, you are required to provide the police with your driver’s license and registration if asked, which is considered a legal obligation you undertake by driving on public roads. This will of course require that you roll down your window to facilitate providing this documentation to the police.

You Do Not to Have to Answer Questions

Although you are required to provide a license and registration if asked, you are not required to answer any of the police officer’s questions nor to submit to field sobriety tests under your Fifth Amendment protections against self-incrimination. You always have a right to request to have a lawyer present before answering any questions from the police (whether you have been charged or not) and the police must stop all questioning at that point. The police may only detain you long enough to determine whether there are signs of intoxication - slurred speech, the smell of alcohol, open alcohol bottles within plain view, glassy eyes, etc. - such that there would be probable cause to arrest you for DUI. If there are no signs of intoxication or any other crime you might have committed, the police must let you go on your way.

When the Police Can Arrest You at a DUI Checkpoint

If the police do have probable cause to arrest you for DUI during the brief time in which you are detained at the checkpoint, then they may do so. Probable cause is defined under our constitutional law as there being enough facts readily apparent to the officer at the time the arrest is made to lead to a reasonable conclusion that a crime was likely committed, namely that you were driving under the influence. Police officers cannot act on a “hunch” in making this probable cause determination but must be able to point to specific facts such as slurred speech and open containers in plain view. The police cannot search you or your car unless it follows a valid arrest or if the police have probable cause that your person or your car contains evidence of a crime. The police can also search your car if you consent to the search, which you should not provide without speaking to a criminal defense attorney first.

Your Multilingual DUI Defense Team in Southern California

The criminal defense attorneys at the Law Offices of Scott Warmuth vigorously defend the rights of men and women across Southern California who have been arrested and/or charged with criminal violations. Our multilingual staff and legal team will do everything we can to defend your freedom and get your life back to normal as quickly as possible. To get more information on how we can assist in your criminal defense, speak to an attorney at the Law Offices of Scott Warmuth today by calling 888-517-9888.
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What To Do At a DUI Checkpoint If You Have Been Drinking Law Offices of Scott Warmuth

Topics: Criminal Defense

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[embed]https://www.youtube.com/watch?v=E9ylQjvkbB8[/embed] Attorney Justin Rodriguez, of The Law Offices of Scott Warmuth, explains what you should do at a DUI checkpoint if you have been drinking. View the Chinese version here
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An Intro Worker’s Compensation: Part 2

Topics: Workers' Compensation

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[embed]https://youtu.be/gH06SYXiZSA[/embed] Maurice Lin, of The Law Offices of Scott Warmuth discusses the process of filing a worker's compensation claim. View our Chinese version here
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An Intro Worker’s Compensation: Part 1

Topics: Workers' Compensation

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[embed]https://www.youtube.com/watch?v=jpViJwtVlFc[/embed] Maurice Lin, of The Law Offices Of Scott Warmuth discusses the process of filing a worker's compensation claim. View our Chinese version here
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December 2016 Employee of the Month – Alex Tan

Topics: From Our Office

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[embed]https://www.youtube.com/watch?v=k-hdGjIDtoU[/embed] We would like to honor Alex Tan, a case file manager at The Law Offices of Scott Warmuth, for his hard work. Thank you Alex.
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January 2017 Employee of the Month – Tina Xie

Topics: From Our Office

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  [embed]https://www.youtube.com/watch?v=EpDejdwS564[/embed] We would like to honor Tina Xie at The Law Offices of Scott Warmuth, for her hard work. Congratulations Tina!