Sacramento Injury Lawyer Blog

Dog bites and attacks are a common thing in our home of Sacramento, California. Just see the blog I wrote on the staggering statistics of dog bites and you will understand what I mean. Dog attacks are dangerous and can cause serious injuries that need immediate medial attention and at times, can even be fatal.

An actor named Ving Rhames, (starred in Pulp Fiction), recently traveled out the country to film a movie, leaving his caretaker of two years to watch his house… and his dogs. The caretaker was found dead at the actor’s house with dog bites covering his body. The actor’s four dogs (reports state that they were either bullmastiffs, Brazilian mastiffs, or English mastiffs) were found roaming the yard.

As I stated in my previous blog, make sure to protect other people by training your dogs, neutering them, and so forth. Although dogs can be amazing pets to have, we must be aware that there are dangers associated with having them.

If you or anyone you know have ever suffered from a dog attack, please call our Law Office for advice.

Until next time….

For the full article, please click here.

There is an ongoing slip and fall lawsuit south of our Sacramento home in Orange County, California. The lawsuit was brought by Brenda Richardson after she slipped and fell on a patch of mud at an elderly apartment complex called Heritage Center. Brenda is seeking reimbursement from a construction company called Michael Moore Renovation and Restoration, and claims that they were negligent in failing to “provide adequate signs” to warn pedestrians that they could slip in the mud.

In addition to Brenda’s fall, another resident, Celestine Morris, also claims that she fell because of the mud in the same year. The fall left her with a broken arm.

The Moore construction company states that it is "not in any way guilty” and places the blame back onto Brenda and the apartment complex. Moore believes that Brenda was not cautious enough when walking on the sidewalk and Heritage Center did not keep the apartment complex in a safe condition.

If you or someone you know have been injured in a slip and fall accident and believe it was caused by someone’s carelessness, please give us a call at the Law Offices of Moseley Collins.

Stay out of the mud…

To read the full article on this news story, please click here.

When a client of my Sacramento Law Firm is injured in a slip and fall accident, one of the first questions they have is, “Who is a fault?”. There are three possible answers to this question, the first of which I generally addressed in my last blog, being the owner of the property. The other two options are both parties or the injured party itself.

Both parties responsible…

When both parties are responsible it is called “comparative negligence” and means that the carelessness of the injured person and the carelessness of the owner resulted in the accident. There are varying degrees of comparative negligence and liability is distributive by percentage of responsibility owed to the accident (i.e. 30% caused from plaintiff and 70% caused by defendant).

Injured person is responsible…

In a slip and fall case, there lies the doctrine of “open and obvious”. Throughout my years as a Personal Injury Attorney in Sacramento, I have seen this question pop up time and again… was the dangerous condition that caused the plaintiff’s injuries open and obvious? This question is of key importance because an affirmative answer could place liability on the injured party.

When a dangerous condition is “open and obvious”, it means that a reasonable person in the same situation would have seen the dangerous condition and avoided it. For example, a store just cleaned up a spill and the floor is still wet. Management places a sign that reads “Caution: Wet Floor” in front of the wet spot . If someone slips and falls on the wet spot, the liability will most likely fall on the injured person because a reasonable person in the same situation would have seen the caution sign and avoided the wet floor.

If you have been hurt from a slip and fall accident and believe that it was not an open and obvious situation, please call our Law Offices, we would love to help.

Look for those caution signs…

For more information, please read the article on findlaw.com.

Slip, trip and… fall. As a lawyer in Sacramento, I have seen many slip and fall accidents that have resulted in serious injury. I am sure that you also have heard the term “slip and fall” before or know someone that has been injured in an accident such as this. But what does a slip and fall case entail?

First of all let’s start with defining a “slip and fall” case. A slip and fall case usually falls into a category called premise liability. This means that someone is injured on another person’s property and because that person owns or maintains such property, that person may be held liable for damages.

Slip and fall cases come in many different forms. The cause could be an open pothole in the ground, a slippery floor, a broken sidewalk, and so on. In all these situations, there poses a dangerous situation that has the potential to cause injury. When someone is actually injured on a slippery floor, for example, there remains the necessity of proving fault to the person/company responsible for the floor. In my next blog, I will continue to discuss slip and fall cases and what is needed to prove fault.

If you or someone you love has been injured in a slip and fall case, please call the Law Offices of Moseley Collins. We would love to speak with you about your case and subsequent options.

Take care…

For further information on this topic please read this article on findlaw.com.

As a Sacramento Personal Injury Lawyer, I know that there are numerous conditions that must be met in proving fault in a slip and fall case. Many people are injured each year when they slip or trip and fall. But how many of these accidents are valid slip and fall cases?

One of the first requirements that must be met is that the injured person fell on someone else property because of a dangerous situation and were injured because of the owner’s lack of action to amend the situation. There are three ways to show this:

1. The owner of the property caused the dangerous condition.
2. The owner of the property knew about the dangerous condition and failed to do anything about it.
3. The owner of the property should have know as a reasonable person that the dangerous condition existed and should have corrected it.

Let me give you an example using scenario number two. A store owner likes to keep her floors shiny and polished and gets them waxed several times a week. Unfortunately, several customers lately have complained about the slipperiness of the floor. The store owner does nothing to amend the floor’s slipperiness (she likes her floors shiny) and continues to get them waxed several times a week. Mr. X walks in one day to shop and slips and falls on the floor, seriously injuring himself. In this situation, the store owner is likely to be held liable for Mr. X’s injuries.

In my next blog, I will continue to discuss conditions that must be met in order to prove fault in a slip and fall case. If you have been injured by slipping or tripping and believe that the property owner allowed a dangerous condition to exist, please call our Law Offices for advice.

Stay safe…

For more information, please read this article on findlaw.com.