Sacramento Personal Injury Lawyers
If you’ve been injured in an automobile accident, bicycle accident, slip and fall, or dog bite, we’re here to help you. Our Sacramento personal injury lawyers have the experience to successfully pursue your matter. We strive to put you in the position you would have been in if the accident had never occurred, and get you a little extra compensation. The most important thing about any injury, is to make sure you’re okay and that your medical bills are being taken care of. Don’t settle for a lesser amount than what you’re entitled too. Let our personal injury attorneys help make sure all of your medical bills are paid, your future medical treatment is covered, and any other damages are fully resolved.
Free Consultations for Sacramento Personal Injury Law
We provide free consultations on all personal injury matters. During the free consultation we will discuss the entire litigation process, determine your expectations, and develop a game plan to getting you whole again. Contact our Sacramento personal injury attorneys today to set up a free consultation.
Contingency Attorneys Fees for Personal Injury
Our clients do not pay for attorneys fee unless our attorneys are successful. Our Sacramento personal injury law firm doesn’t make our clients pay a hefty deposit before we pursue their case; instead, we provide all services on a contingency basis. Contingency means we only get paid if we win. It’s in our Sacramento personal injury lawyers’ interest to work incredibly hard to get the most money for you.
Sacramento Dog Bites Attorneys
Dog bites can have devastating and long lasting effects, both emotionally and physically. The dog bite attorneys at the law firm Carson & Kyung, A Law Corporation, have represented numerous individuals injured by dog bites. We are the dog bite law firm in Sacramento. Its a terrible experience for the victim, but our attorneys are here to help victims through the process. We can handle dog bites that resulted in facial injuries, groin injuries, and injuries to other areas of the body. If you were bitten by a dog, you may be entitled to compensation. Our Sacramento dog bite attorneys will aggressively fight to ensure you receive the compensation you deserve. Contact our Sacramento personal injury law firm to schedule a free initial consultation to learn more about dog bites.
Do dog owners have defenses to liability?
Dog owner liability is not a guarantee. Depending on the circumstances, dog owners may have defenses. For example, an individual who agitates a dog by teasing and kicking it will likely not have a strong case against the dog owner. An individual also cannot be contribute to the negligence or assume a risk of being bit. A veterinarian or an employee at the animal shelter will likely not have a solid case against the dog owner. In essence, no lawsuit is a slam dunk. There will always be defenses and challenges to claim for damages. Our Sacramento dog bite attorneys are knowledgable on the applicable defenses and have the skills to fight back for our clients.
When is a dog owner liable for biting?
A dog owner is liable for damages suffered by anyone who is bitten by their dog while in a public place or lawfully in a private place. California Civil Code Section 3342(a). Specifically, California Civil Code Section 3342(a) states:
The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.
California’s dog bite statute creates strict liability for dog owners’ when their dog bites a third-party. The prior viciousness of the dog or the dog owner’s knowledge of that viciousness is immaterial. Whether the dog is restrained or running loose when the bite occurs is also immaterial. Davis v. Gaschler (1992) 11 CA4th 1392. Moreover, a dog owner is liable for an injured person who is bit while attempting to help an injured dog found in a public place.
Dog Owner Liability on Private Property
A dog owner will still be liable for their dog biting someone if that person is lawfully on the owner’s private property. An individual is lawfully on property when they have a duty to be there by law or the dog owner has provided them with either an express or implied invitation.
What is required to prove dog bite liability?
The elements requires to prove dog owner liability for a dog bite are:
- The defendant owned a dog;
- The dog bit the plaintiff while he or she was (1) in a public place or (2) lawfully in a private place, including the dog owner’s property;
- The plaintiff was harmed; and
- The defendant’s dog was a substantial factor in causing that harm.
How do I report a dog bite?
Call (916) 368-PETS (7387) to report the bite. You should always seek medical attention after a dog bite. Even a small dog bite could cause infections or diseases. Medical professionals are required by law to report dog bites to the Department of Animal Care. Once reported, dog bits must be investigated.
Animal Care & Regulation
3839 Bradshaw Road
Sacramento, CA 95827
Call 311 or, outside of unincorporated Sacramento County areas, (916) 875-4311
Contact Sacramento’s Personal Injury Attorneys
The personal injury attorneys at Carson & Kyung are well-versed in dog bites. Our legal team can walk you through all of the different factors and steps for bringing a dog bite lawsuit. We are the dog bite law firm in Sacramento and our lawyers know the important questions to ask during the free initial meeting to determine the potential value of your dog bite lawsuit. Contact our Sacramento personal injury attorneys to schedule a free initial consultation.
Sacramento Premises Liability Attorney
Premises liability is when an injury occurs on another person’s property. The property could be residential, retail, or industrial. Any injury can have devastating and long lasting effects, both emotionally and physically. The premises liability attorneys at the law firm Carson & Kyung, A Law Corporation, have represented numerous individuals injured while on another person’s property. Our Sacramento attorneys are here to help victims through the process and help them seek the right medical treatment. If you were injured while shopping or visiting a business, you may be entitled to compensation. Our Sacramento premises liability attorneys will aggressively fight to ensure you receive the compensation you deserve. Contact our Sacramento personal injury law firm to schedule a free initial consultation.
Traditionally, the status of an individual on the property was relevant. The status of an individual on the property owner’s premises may help to determine the scope of the owner’s duties and the foreseeability that the visitor may be harmed. The theory is that the owner should not hold the same duty of care to a trespasser as an invited guest; therefore, the status of an individual may also be relevant to determining liability.
- An “invitee” is an individual invited or permitted to enter the premises for a purpose related to the property owner’s business;
- A “licensee” is an individual permitted to enter the remises for social purposes for the owner’s pleasure; and,
- A “trespasser” is anyone who enters the premises without the property owner’s consent.
The modern approach under California law no longer uses these status descriptions for individuals; but, their definitions are still relevant as a factor for consideration.
What are the requirements for premises liability in Sacramento?
Premises Liability Requirements
- That defendant owned/leased/occupied/controlled the property;
- That defendant was negligent in the use or maintenance of the property;
- That plaintiff was harmed; and
- That defendant’s negligence was a substantial factor in causing plaintiff’s harm.
Who has a duty of due care for premises liability?
The property owner owes the duty of due care for premises liability. The property owner includes the lessees, occupiers, possessors, and others whose control of the property subjects them to an owner’s liability.
Duty of Ordinary Care – Modern Premises Liability Test
The main question in a premises liability cause of action is whether the defendant was negligent in the use or maintenance of the property. In establishing this part of the claim, the court will need to determine whether the property owner failed to exercise ordinary care and skill in the management of his property. In making this determination, the court will refer to several different court cases. An important case, Rowland v. Christian (1968) 69 C3d 108, established the following rule: “Whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others.”
Knowledge of Condition
Another rule that was established in Moore v Wal-Mart Stores, Inc. (2003) 111 CA4th 472 states that an owner must have had actual or constructive knowledge of the dangerous condition; therefore, a property owner will not be liable for a slip on spilled milk that occurred 15 seconds prior to the slip. Property owners must have knowledge of a dangerous condition prior to being held liable for an injury. However, a property owner may not stick their head in the sand. A property owner is required to make reasonable inspections to discover dangerous conditions. Hence, a factor considered by the courts is whether the property owner failed to inspect the premises within a sufficient time.
What other factors are considered in premises liability actions in Sacramento?
There are dozens of other considerations in a premises liability action. For example, a property owner may still fulfill their duty of ordinary care obligations by warning visitors of a concealed dangerous condition so that the visitor may take precautions. There are also special exceptions applied to intentional injuries, safety employees, and ultra-hazardous activities.
Contact Sacramento’s Premises Liability Attorneys
The attorneys at Carson & Kyung, A Law Corporation, understand the pain and suffering one can face after being injured on another person’s property. Quite often these injuries occur in public places and this can cause embarrassment and humiliation. Premises liability is a potentially available cause of action to be compensated for your injuries. Our Sacramento attorneys can walk you through all the factors and help you determine whether you may be entitled to compensation. Our Sacramento personal injury attorneys know the important questions to ask during the free initial meeting to determine the value of your premises liability lawsuit. Contact our Sacramento personal injury attorneys to set up a free consultation.
Only about three percent of Sacramento area residents use their bikes to commute to work and even fewer use their bikes while running errands. This means there are more cars clogging our roadways which in turn, raises the possibility of an accident involving a vehicle and a bicycle.
In 2012, California led the nation with 141 bicycle fatalities. Last year alone, there were more than 200 collisions between vehicles and cyclists in Sacramento, many of them ending with serious injuries to the cyclist. Many Sacramento city streets are just not safe for cyclists. Bike lanes outside the core of Downtown either do not exist or are not continuous, forcing cyclists to ride among traffic on unsafe streets.
Midtown Sacramento sees the biggest amount of commuting cyclists but it is also one of the most dangerous areas. With many of the streets being lined with cars going to and from work and with roundabouts on residential stretches, the dangers to cyclists can only increase.
Just recently, a 33-year old man was killed and his eight-year-old son hospitalized with life threatening injuries after a car swerved into the bike lane of Edison Avenue in Sacramento. A 25-year-old Sacramento resident was behind the wheel of the vehicle and did make a statement to the CHP stating that he was distracted while driving. So far, no authorities have filed charges against the driver.
The city of Sacramento does have a plan in place to help create safer conditions for cyclists but it will take years before the majority of these changes are in full effect. A variety of programs have been created to help increase awareness of bicycle safety.
Our Sacramento Bicycle Injury Attorneys are experienced in dealing with collisions involving vehicles and bicycles. We aggressively represent bicyclists who have been injured in accidents with vehicles. Injured bicyclists may be entitled to compensation.
Contact Sacramento Personal Injury Attorneys
Have you been injured while riding your bicycle? Our personal injury attorneys provide free initial consultations to discuss bicyclist accidents and injuries. We routinely advocate for the rights of injured bicycles and have a great track record. Contact our personal injury law office to schedule a free initial meeting and start the process today.
By: Trevor Carson Google+
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact an attorney for a consultation. This post is considered a solicitation and advertisement. The post does not warrant the outcome of any matter. Sacramento Personal Injury Lawyer on Bicyclist Accidents and Injuries in Sacramento.
Interesting Links on Bicycle Accidents:
Prevention and Control: http://www.cdc.gov/motorvehiclesafety/bicycle/index.html
Bicycle Statistics: http://www.pedbikeinfo.org/data/factsheet_crash.cfm