People own dogs for a variety of reasons. And owning a dog also comes with its share of responsibilities. Besides caring for the animal, California laws also require dog owners to keep their animals from causing property damage or injuries to people. If you are attacked by another person’s dog, you may be eligible for compensation through a premises liability lawsuit. And since California is a strict liability state, you do not need to prove that the dog owner was negligent to win your claim. However, not all dog bite cases lead to compensation. Here are instances when your California premises liability claim as pertains to a dog bite may be denied. You were trespassing California’s strict liability statute only applies if the dog attacks you on a public facility or if you were lawfully on the defendant’s property. The dog owner may deny liability if you were attacked while unlawfully trespassing into their property. There was no bite There has to be an actual bite for California’s strict liability law to apply. The skin does not have to be lacerated, but there has to be evidence of injury nonetheless. But what if you are knocked down by the dog, with no bite or other injuries? Well, in this case, you may pursue a scienter claim rather than a premises liability claim against the dog owner. You did not file your claim in time It is important that you file your premises liability lawsuit within the stipulated statute of limitations period. In California, the statute of limitations for a premises liability lawsuit is two years. You risk losing the right to compensation if fail to file your claim within two years. A dog attack can leave you hurt and traumatized. Knowing your legal options can help you protect your rights while pursuing your premises liability lawsuit in California.
Phones continue to distract drivers after they put them down
Have you ever checked your phone while stopped at the lights? Not only is it dangerous, but it is also illegal in California. Most people know that it is dangerous to use a phone while in motion, but they don’t realize that the same holds true when they’re paused in traffic. Here is why it is such a problem: You might not see a potential hazard Let’s say you pick up your phone, check a text, send a quick email or catch the latest football score. You realize the light is about to change, put the phone down and pull away when it turns green. It sounds fine, but what did you miss while staring at the screen? If you remain looking at the road around you rather than your phone, you can build up a more complete picture of the road before you pull off. It allows you to notice potential dangers and delay pulling away where necessary. You continue to think about your phone According to one survey, you typically still think about what you saw on your phone for almost half a minute. Maybe you are wondering how to reply to the text you read or how on earth your team threw away a great lead again. So even if you pull away from the lights without incident, you are still at an increased risk of crashing for the next few hundred meters. Hopefully, you never pick your phone up at the lights. Yet many drivers do, and one might crash into you. Getting legal help to show they were still distracted by their phone could help you get the compensation you need if injured in a car crash.
Desert drivers are at increased risk of a tire blowout
A tire blowout is a frightening experience. There was a loud noise that you don’t expect, followed by decreased performance by your vehicle. Depending on the driving conditions at the time the blowout occurs, a driver could completely lose control of their vehicle. Heat from the pavement is often a major contributing factor to tire blowouts when they do occur, so you will be at elevated risk for a blowout when you drive through the desert in the summer, as well everyone else on the road with you. How do you protect yourself from a possible blowout on your next long daytime drive? Keep your tires in decent repair The most effective way to prevent a blowout is to ensure that your tires are in good condition. The more worn the tread on your tires has become, the more susceptible the tire may be to suddenly failing as you drive. Underinflated tires are another risk factor. When your tire shifts on the rim significantly because of inadequate air pressure, that may increase the risk of a blowout. Finally, having more weight in your vehicle than your tires can safely manage will also increase your risk. Keeping the weight of your vehicle at an appropriate level and monitoring the condition of your tires will go a long way toward preventing a blowout. Give other drivers plenty of space While you can keep your own tires in good repair, you have no control over what the person next to you in traffic does with their vehicle. Especially if you notice a vehicle in poor condition close to you, you may want to slow down to give them more space or change your route so that you won’t be at risk if their tire blows out and they lose control of their vehicle. When blowouts do occur, they may give rise to insurance claims or civil lawsuits. If someone else loses control of their vehicle and hits you, you may be able to file an insurance claim aim. In some cases, you may have grounds for a third-party liability lawsuit, such as when there was a defect in the tire that led to the blowout. Learning more about safety rules for driving in the hot California summer will protect you from motor vehicle crashes and help you handle a collision better if one does happen.