Category Archives: Medical malpractice law

According to Recent California Appellate Opinion, Landlord Has No Legal Duty to Provide Defibrillator Device

Earlier this month, a state appellate court issued a written opinion in a California personal injury case involving the question of whether a landlord of a building that rents space to a health club has a duty to ensure that the club has a defibrillator device on hand. Ultimately, the court concluded that while the operator of a health club is legally obligated to provide the defibrillator devices under a state statute, that duty does not extend to the landlord. The Facts of the Case The plaintiffs were the surviving loved ones of a man who died of a heart attack while working out at a boxing gym. The defendant was the owner of the building where the gym was located. Following the death of their loved one, the plaintiffs filed a case against the defendant landlord. The plaintiffs claimed that the defendant was negligent in failing to ensure that the boxing gym installed defibrillator devices, as is required under Health and Safety Code section 104113. Specifically, section….. To continue reading this legal news please click Read full information...

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Disability Voting Rights: Fast Facts

The following laws are in place to ensure that people with disabilities can vote in the U.S. Title II of The Americans with Disabilities Act: Title II of the Americans with Disabilities Act (ADA) requires state and local governments to ensure that individuals with disabilities have full and equal voting opportunities, including site selection, voter registration, and casting of ballots. The ADA has a checklist for polling places to help election officials make their polling places accessible to people with all disabilities. Voting Rights Act of 1965 (VRA): The VRA requires election officials to allow a voter who has a disability to receive assistance from a person of the voter’s choice, and prohibits conditioning the right to vote on a citizen’s ability to read, write, attain a certain level of education, or pass a test. Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA): VAEHA requires accessible polling places for federal elections, or….. To continue reading this legal news please click Read full information...

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Van Nuys Jury Awards $3M Over Deadly Fire Caused By Defective Television, Beating $100K Settlement Offer

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Central NY Injury Lawyer Quoted in Highly Regarded Online Legal Newspaper .

I recently posted a blog about New York’s top Court’s recent ruling that New York personal injury plaintiffs can win “summary judgment” against defendants without proving that the plaintiff was blameless for his own injury.  The rule previously, in most courts, was that the plaintiff could not get summary judgment without first proving that he or she was blameless. You can read that earlier blog here. Since the blog was posted, Law360, and online legal newspaper of national renown, interviewed me about the case.  The article’s headline is:  “NY High Court’s Injury Ruling Could Spark Fast Settlements”.  The article quotes me as follows: Michael Bersani, a personal injury plaintiffs lawyer for Michaels & Smolak PC in Syracuse, New York, said it has been in insurance companies’ best interests to stall litigation given their considerable resources. But if liability is already established, then a 9 percent….. To continue reading this legal news please click Read full information...

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Southwest Airlines Plane Blows Engine; 1 Dead

 PHILADELPHIA –A Southwest Airlines jet reportedly blew an engine at about 30,000 feet, producing shrapnel that broke a window and damaged the fuselage Tuesday. The NTSB confirmed one person has died after the emergency landing of a Southwest Airlines plane at Philadelphia International Airport on Tuesday. “We do have information there was one fatality,” NTSB Chairman Robert Sumwalt said. No further details were provided. Another 12 people were assessed by medics, officials reported, and seven of those people were treated for minor injuries. Continue reading → The post Southwest Airlines Plane Blows Engine; 1 Dead appeared first on Dallas Auto Accident Attorneys Blog... To continue reading this legal news please click Read full information...

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