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Injury Due to Deck and Balcony Collapse in California
Often times, a collapse of a balcony or deck can lead to serious injuries or even death. An injured party may file a claim or lawsuit to seek compensation for damages sustained.Who is Liable for a Balcony Collapse Accident?
Under the premises liability law of California, the owner of the property should exercise reasonable care of the property. A defendant can prove that he/she exercised reasonable care by showing her or she did the following:- timely inspection of the property,
- maintaining of the property,
- repairing dangerous conditions of it,
- giving warning to the habitants of the premises regarding the existing dangerous conditions.
Liability of Contractors and Builders of Defective Balcony and Decks
The contractors/builders' liability generally attaches if the deck or balcony was not constructed in a manner required under regulations and existing standards. If you are injured on the property belong to a third party, you can sue the:- owner of the property,
- the person/company who has control over that premises,
- the tenant, etc.
- the defendant controlled the property, meaning the defendant owned the property;
- the defendant failed to maintain or repair any defects
- plaintiff suffered harm;
- the injury suffered by the plaintiff was directly linked to and was a result of the negligence of the liable party; and
- the plaintiff suffered damages
Proving that the Property Owner Knew or Should Have Known About The Condition of the Balcony or Deck
In order the prove that the property owner knew or should have know about the defective condition of the balcony or deck, the plaintiff can provide evidence showing the negligence of the property owner in the following ways:- the condition of the balcony or deck was hazardous and obvious,
- the property owner knew of a previous complaint(s) regarding that hazard
- there were prior injuries because of the hazardous condition of the balcony or deck
- there were no professional attempts to repair the condition of the balcony or deck by the owner
What Type of Compensation Can an Injured Party Seek in a Balcony or Deck Injury Lawsuit?
A plaintiff may seek compensation arising out of a injury sustained due a collapse of a balcony or deck. Examples of such compensation may include the following:- medical bills, including therapy bills, and anticipated future medical bills
- loss of earning capacity and loss of wages
- emotional traumas and stress (pain and suffering)
- the inability to return to your profession and job
Get Attorney Help for Injuries Sustained in a Balcony Collapse Accident
If you or a loved one has been injured in a balcony or deck collapse, we invite you to contact our Los Angeles Personal Injury attorney at {meta.phoneFormatted} for a consultation and case review. Our attorneys will evaluate the details of your case and advise you on what to expect and how you can proceed. - Read More
Defective Tire Accidents in California
Car accidents, unfortunately, happen every day and cause damages to both the vehicle leading to negative economic consequences to drivers but also their life and health. Car accidents are caused by different reasons such as hydroplane car accidents, accidents involving elderly drivers, and ordinary accidents happening because of the negligence of the drivers. One of the types of car accidents is defective tire accidents.Common Types of Tire Defects
- Manufacturing defects
- Design defects
- Warning defects
Who is Liable for a Defective Tire Accident?
As discussed above, if it is believed that the case of an accident arose out of a defective tire, the liable party of said accident may include:- designer of the tire
- manufacturer
- tire repair shop
- used tire sellers
- the driver who drove the vehicle knowing that it has tire defects and that fact can lead to a car accident
How to Prove that the Defects of a Tire was the Reason for the Accident
Generally, to prove that the defect of a tire was the reason for the accident, an qualified expert would testify in the form of expert testimony. Common examples that the expert would need to testify to includes:- the tire was defective
- the defects of a tire caused the accident
- how the defects caused this accident
Is it Possible to File a Wrongful Death Claim Due to a Defective Tire?
Family members are entitled to file such lawsuits and receive compensation. The family members having such rights are:- spouse, domestic partner of the victim,
- children and/or grandchildren.
- burial and funeral expenses,
- loss of earnings of the victim,
- legal fees
What Damages Can be Compensated in a Defective Tire Lawsuit?
Compensation in a defective tire lawsuit can include the following:- medical expenses, future medical treatment including hospital expenses;
- lost earning ability and loss of wages, lost income;
- judicial expenses
Call a Defective Tire Accident Attorney
If you or a loved one has been in a defective tire accident, contact our Los Angeles Personal Injury attorney at {meta.phoneFormatted} for a consultation and case review. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed. - Read More
The Sensible Taxation and Equity Promotion (STEP) Act
What is the STEP Act?
Several United States Senators, including Bernie Sanders and Elizabeth Warren, have proposed a bill, called the Sensible Taxation and Equity Promoted (STEP) Act.
What Does the STEP Act Do?
STEP Act would allow individuals to exclude up to $1 million in unrealized capital gains from tax, which are the potential profits from an asset, as well as to pay the tax in installments over a 15-year period for capital gains that apply to any illiquid asset like a farm or business. See below for further information on how illiquid assets are affected.
An Example to Help Further Explain:
To better understand how the STEP Act works, here is an example: if someone dies holding $7 million in property for which they paid $4 million for, they would only pay taxes on $1 million of that $2 million gain.
Additionally, if someone dies holding $3 million in property assets for which they paid $2 million for, none of that $1 million gain would be taxable.
Would The STEP Act Affect Retirement?
Currently, it seems that assets held in a retirement account would not be subject to capital gain taxes under this Act.
Would The STEP Act Affect Gifts and Bequests?
Currently, it seems that gifts and bequests would be exempt from the capital gain taxes under this Act.
How does STEP Act Work During an Individuals Lifetime?
During an individual's lifetime, any completed transfer to a trust or to any individual other than a spouse will allow for the first $100,000 of cumulative gain to be tax free. However, any excess will be subject to a transfer tax after the first $100,000.
Second, this Act will eliminate the ability to use trusts to transfer property or other assets that are sold. Non-grantor trusts, which is a trust where the grantor retains certain powers over the trust, would have to report gain on all of their appreciated assets every 21 years.
Third, this Act would require trusts more than $1 million of assets or more than $20,000 of gross income to provide additional information to the IRS, including a balance sheet, income statement, and list all trustees, grantors, and beneficiaries.
What Transfers Are Exempt from The STEP Act?
Items transferred to a spouses, charitable trusts, qualified disability trusts, charity, and cemetery trusts are exempt from the tax.
Is Illiquid Property Affected by STEP Act?
Illiquid property is property that is not easily sold. Common examples of illiquid property include businesses and farms. For STEP Act purposes, transfers of illiquid property would be affected. Thus, owners of such property would be allowed to pay the tax over a 15-year period. It would be interest only for up to 5 years and then 10 equal payments for the remaining 10 years. However, selling the property would require payment in full.
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Can an Elderly Drivers License Be Suspended Due to Age?
California Vehicle Code does not have any limitations with regards to the age of drivers, that's why it is easy to notice both young and old drivers on roads. However, senior-aged drivers can have more problems while driving and can cause more car accidents. The reasons for the above mentioned are very simple-the physical conditions of the elderly drivers do not let to drive more carefully.
For example, a driver of a senior age can suffer from problems with eyesight, thus can fail to notice any marks and signs on the roads. Not hearing the traffic can also become a problem and lead to car accidents.
At What Age Does California Require Drivers to Renew Their Drivers License?
California law requires drivers that are 70 years or older to renew their drivers license.
What are California's Driver's License Renewal Requirements?
As mentioned above, the renewal process of the driving license shall be conducted in-person to let the DMV evaluate you and your condition before making a decision. The elderly driver may be required to undergo a medical evaluation for his physical and mental conditions check-up. The medical evaluation shall include:
- vision test (it is required to have 20/40 vision),
- the elderly driver shall also be required to pass a written test for the driving skills check-up.
What are the Grounds to Suspend the Driving License?
The following medical conditions can be a reason to suspend your driving license:
- disorders leading to "loss of consciousness",
- disorders, which made you have such lapses in the past 3 years and this can be repeated,
- other medical disorders, which can have a negative impact on your driving abilities (even diabetes can be considered as such).
DMV also pays attention to the drugs, which are used by elderly people to treat their illnesses, as their negative consequences can make them sleepy and dizzy, affecting driving abilities.
What Other Sources Can DMV Have to Assess Your Physical or Mental Conditions?
The common sources which DMV has to assess driving conditions of the elderly person can be:
- concerned friends, family members, or even other private citizens,
- law enforcement officers, who noticed the elderly drivers in conducting violations,
- doctors, who are required by law to inform about such problems, which can lead to "lapses of consciousness".
What is the Procedure for The DMV to Decide on Your Physical or Mental Conditions?
In the event there are threatening physical or mental conditions, the DMV can ask you to submit a DMV driver medical evaluation regarding your medical history with your doctor. Another option is to ask for re-examination (including a driving performance test).
Is There a Way to Challenge License Suspension?
Pursuant to California Vehicle Code 14100, you can challenge the revocation at DMV administrative hearings. The period for such a request is 10 days after receiving the notice of revocation.
The next step is "department review" if the result of the hearing is not satisfactory and the license is not renewed. The period for submitting for this review is 15 days after receiving the decision.
In any case, you have the right to challenge the decision in court if neither the 14100 hearing nor the department review gives any result. The period is:
- 35 days if you want to go to court after the hearing,
- 95 days after you receive the decision of department review.
Get Legal Help
Experienced and professional legal assistance can help you to challenge the DMV decisions and renew your license-restoring your right of driving. We invite you to contact KAASS Law firm at {meta.phoneFormatted} for a consultation on your case and further assistance.
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Negligent Entrustment of a Vehicle in California
Negligent entrustment is when an owner of a vehicle allows an inexperienced and careless driver to drive their vehicle.Can a Vehicle Owner Be Held Liable for Negligent Entrustment?
A vehicle owner can be held liable for negligent entrustment if they permit an incompetent or inexperienced driver to drive their vehicle. Should that driver get in a car accident, the owner of the vehicle can be held liable even if they did not technically drive the vehicle? Essentially, the purpose of this law is to protect drivers on the road.Penal Code 193.8(a) PC
An individual can be charged with Penal Code 193.8 PC should they allow a minor to borrow their vehicle since the minor is not legally entitled to drive a car.What Are Some Examples of Negligent Entrustment?
An example of negligent entrustment is if an owner of a vehicle allows his friend to borrow his car. Example: Paul has received several speeding tickets in the past and now has a suspended license. Paul takes takes Dan's car, drives it fast, and gets into an accident with another driver. It is determined that Paul was at fault for the car accident. As such, Dan can be held liable for negligent entrustment. Lastly, a woman who owns a car allows her 14-year old son to drive her car. The boy takes the car and drives it but gets into an accident while driving. Even though the mother did not drive the vehicle, she can still be held liable for negligent entrustment since she allowed her minor son to drive the car.What Are Some Possible Defenses to Negligent Entrustment?
Some possible defenses to negligent entrustment include:- that the driver did not cause the car accident in the first place; or
- that the injuries sustained from the accident were not caused by the other driver.
Los Angeles Car Accident Attorney
If you or someone you know has been injured in a car accident with a potential negligent entrustment issue, contact our Los Angeles car accident attorney at {meta.phoneFormatted}. Our personal injury attorneys can provide you with any sort of legal assistance you require. - Read More
Consequences of Proposition 64
How Was Cultivating Marijuana Treated Before Proposition 64?
Cultivating marijuana in California was treated as a felony offense under Health and Safety Code Section 11358 before Proposition 64. A felony is a criminal offense punishable by serving one year or longer in prison.How Does Proposition 64 Change Laws Relating to Cultivating Marijuana?
Proposition 64 went into effect on January 1, 2018, making it legal for individuals 21 years or older to grow marijuana for recreational purposes. Additionally, the sale of marijuana has also been legalized for those business entities that have been licensed to do so.What Are the Changes Made as a Result of Passing Proposition 64?
The following is a list of crimes related to marijuana that has been affected by Prop 64 Adult Use of Marijuana Act.Possession of up to 28.5 grams of marijuana (Health and Safety Code Section 11357)
- Before Proposition 64: Considered an infraction with a $100 fine
- After Proposition 64: Legal
Possession of up to 8 grams of concentrated cannabis (Health and Safety Code Section 11357)
- Before Proposition 64: Considered a misdemeanor
- After Proposition 64: Legal
Cultivating up to 6 marijuana plants (Health and Safety Code Section 11358)
- Before Proposition 64: Felony
- After Proposition 64: Legal for ages 21 years and older
Cultivating more than 6 marijuana plans (Health and Safety Code Section 11358)
- Before Proposition 64: Felony
- After Proposition 64: Misdemeanor
Possession of marijuana for sale without a license (Health and Safety Code Section 11359)
- Before Proposition 64: Felony
- After Proposition 64: Misdemeanor if 1st and 2nd offense
Sale and transportation of marijuana without a license (Health and Safety Code Section 11360)
- Before Proposition 64: Felony
- After Proposition 64: misdemeanor if 1st or 2nd offense
Can You Apply for Resentencing After Passing Proposition 64?
Individuals convicted prior to the passing of Proposition 64 may apply for resentencing. Resentencing under Proposition 64 may lead to an immediate release from jail. However, this may be contingent on how much time you have served.How Do You Apply for Proposition 64 Resentencing?
An individual can make an application to the court to have their sentence reduced. This is true for individuals who are currently serving time related to marijuana crimes they were convicted of before the passing of Proposition 64. Typically, judges presume that individuals applying for such a request have met the criteria for Proposition 64 resentencing. However, this may not be the case should the prosecutor oppose the petition by proving clear and convincing evidence that the individual does not meet the criteria for resentencing. However, judges are supposed to resent individuals so long as the individual does not pose an unreasonable risk of danger to public safety.Los Angeles Criminal Defense Attorney
Are you in need of legal advice or services from an attorney? We invite you to contact our Los Angeles criminal defense attorney at {meta.phoneFormatted} for assistance. KAASS Law is always standing by and ready to provide legal assistance. - Read More
Giving Possession of a Vehicle to a Minor
Is it Illegal to Give Possession of Your Vehicle to a Minor?
Under California Penal Code 193.8 PC, it is a crime for an adult to give possession of a vehicle to a minor.When is it Illegal to Give Possession of Your Vehicle to a Minor?
It is a crime for an adult owner or possessor of a motor vehicle to give the vehicle to a minor when:- that minor is intoxicated;
- has previously been convicted of certain crimes, or
- if the adult does not have any rights to the vehicle
What Previous Crimes Are Relevant for PC 193.8?
As mentioned above, it is a crime for an adult to give their vehicle to a minor when that minor has been convicted of certain crimes. These crimes include:- reckless driving;
- underage DUI with a BAC of 0.05 or higher;
- DUI;
- DUI causing injury;
- gross vehicular manslaughter;
- vehicular manslaughter; and
- vessel manslaughter
What is Reckless Driving?
Reckless driving per California Vehicle Code 23103 VC makes it a crime to operate a motor vehicle with a willful or wanton disregard for the safety of other people or property. In other words, reckless driving is when the driver knows they are driving in an unsafe manner but decides to continue to drive in that matter anyway.What is Underage DUI?
Underage DUI is defined by the California Vehicle Code 23140 VC as an individual who is under 21 years old with a Blood Alcohol Content (BAC) of .05% or higher.What is a DUI?
As per Vehicle Code 23152 VC, it is unlawful for an individual who is under the influence of any alcoholic beverage to drive a vehicle. It is also unlawful for an individual who has a BAC of 0.08% or more, by weight, of alcohol in their blood to drive a vehicle.What is a DUI Causing Injury?
As per Vehicle Code 23153 VC, a DUI causing injury is established when a driver drives under the influence and then causes bodily injury to another individual as a result.What is Gross Vehicular Manslaughter?
Under California Penal Code 191.5(a) PC, gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140 (underage DUI), 23152 (DUI), or 2f3153 of the Vehicle Code, that causes the unlawful act.What is Vehicular Manslaughter While Intoxicated?
This crime is defined under Penal Code 191.5b PC, which essentially makes it a crime to commit a negligent act while driving under the influence resulting in the killing of an individual in the process.What is Penal Code 192.5 PC Vessel Manslaughter?
Under Penal Code 192.5 PC, it is a crime to unlawfully kill an individual without malice aforethought while operating a boat.What Are the Penalties for Giving Possession of a Vehicle to a Minor?
Should an adult give possession of their vehicle to a minor as per PC 193.8, they can face misdemeanor charges with imprisonment in county jail for not more than six (6) months and a maximum fine of $1,000.Los Angeles DUI Accident Attorney
If you or a loved one has been charged with California Penal Code 193.8 PC, contact our Los Angeles criminal defense attorneys at {meta.phoneFormatted} for a consultation. Our attorneys will evaluate the details of your case. As well as, advise you about what to expect and how you can proceed. - Read More
Products Liability: Defective Dermal Filler
What Are Dermal Fillers?
Typically, dermal fillers are injected into the face, such as the forehead and lips. Dermal fillers are also used as a way to help diminish facial lines and restore volume and fullness in the face. The injection of dermal fillers has grown popular within the past few years. According to the American Society of Plastic Surgeons, there has been approximately 2.6 million dermal filler injections in 2018 alone.What Are the Responsibilities of the Federal Food and Drug Administration?
According to www.fda.gov, the FDA is responsible for protecting public health by ensuring the safety, efficiency, and security of human drugs as well as medical devices that ensure the safety of the nation's food and cosmetic supply.What Are Some Common Dermal Fillers?
Some of the more common dermal fillers include the following: calcium hydroxylapatite, hyaluronic acid, polyalkylimide, polylactic acid, and polymethyl-methacrylate microspheres.What Are Unapproved Dermal Fillers?
Dermal fillers such as Injectable silicone is not approved for any aesthetic procedure. Silicone injections can lead to long-term pain and injuries such as infections, scarring, permanent disfigurement, stroke, and death.What Makes Dermal Fillers Defective?
Products become defective when there is something wrong with them, which can cause unwanted side effects or illnesses. Defects in dermal fillers can lead to extremely serious reactions to the face, such as blindness, stroke, and vision abnormalities. Furthermore, the risks associated with unapproved uses of dermal fillers by the FDA or unapproved products may be more severe.How Can You Protect Yourself From Dermal Filler Products?
Individuals can protect themselves from potential injuries by not purchasing dermal filler products online. Oftentimes, such products can be counterfeit or not approved for use in the United States. In some cases, the FDA may not have reviewed and or approved the use of certain dermal fillers to be used for all locations of the body.Seek Help From an Attorney If You Suffered Injury from a Defective Dermal Filler Product
If you have been hurt by a dermal filler and would like to seek legal representation, contact our Los Angeles personal injury attorney at {meta.phoneFormatted} for a consultation. Our attorneys evaluate the details of your case and will let you know what to expect and how you can proceed forward. - Read More
Safe Parking Program in the City of Los Angeles
What is the Safe Parking Program?
This program provides individuals who live in their vehicles with a safe space to park and sleep overnight.What Areas is Safe Parking Available?
Safe parking is available in the neighborhoods such as Reseda, East Hollywood, Echo Park, Downtown Los Angeles, Melrose Hill, Sawtelle, Westchester, Culver City, and West Los Angeles.What Does Safe Parking Services Include?
The program provides the following to those who qualify for the program:- Access to park their vehicle in a safe parking lot with onsite security and restrooms;
- Access to have a Coordinated Entry System assessment complete; and
- Access to case management, financial assistance, and benefit connection
How Does an Individual Sign up for the Safe Parking Program?
To sign up to participate in this program, an individual must fill out a form called the interest form. This form asks general questions such as the applicant's name, date of birth, gender, ethnicity, as well as the location preferred to be in. Once the interest form is complete, the applicant will also need to provide vehicle registration, insurance, and a driver's license. This can be accomplished by filling out the vehicle form.What Is the List for Primary Eligibility for Enrollment Purposes?
The primary eligibility for enrollment for Safe Parking are:- An individual may not be registered on the National Sex Offender Registry;
- Vehicle be operational; and
- Must not have a suspended driver's license.
Who is Safe Parking Available for?
Safe Parking may be available to the following individuals:- Single adults
- Families
- Veterans actively fleeing domestic violence
- Youth actively fleeing domestic violence
- Individuals experiencing homelessness
- Individuals living in their vehicles who have a functioning vehicle
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Carrying a Weapon in Public Buildings: California Penal Code Section 171(b)
Is it a Crime to Carry a Weapon into Public Weapons?
Yes, under Penal Code 171(b), it is a crime in California for an individual to bring or possess weapons into a public building and meetings that are open to the public.What Weapons Prohibited under Penal Code 171(b)?
Under the PC 171(b), it is a crime to carry the following into a public building or meetings that are open to the public:- Firearms;
- Deadly weapons;
- Any unauthorized tear gas weapon;
- Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands;
- Any instrument that ejects a metallic bullet, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun; and/or
- Weapons that are listed under Section 16590.
How is Penal Code 171(b) Prosecuted?
This penal code can be prosecuted as either a felony or misdemeanor and is therefore considered a wobbler. If charged as a misdemeanor, the misconduct is punishable by up to one year in county jail. If charged as a felony, an individual can face imprisonment of either 16 months, 2 years, or 3 years.What is Considered a Public Building?
A building owned or leased by the state or local government where public employees regularly are present to perform their official duties is considered a public building. An example of a public building is a courthouse.Are There Exceptions to Penal Code 171(b)?
Yes, there are several exceptions under Penal Code 171(b), which are as follows:- An individual who has a license or is otherwise authorized to carry a concealed firearm, such as a police officer;
- An individual who has written permission from a duly authorized official of a state or local government building to carry a weapon;
- An individual who possesses a weapon or otherwise transporting it into court for purposes of using the weapon as evidence.
Los Angeles Criminal Defense Attorney
If you or someone you know is being charged with Penal Code 171(b), call KAASS Law today and speak to an experienced criminal defense attorney today at {meta.phoneFormatted}.