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Category: Premises Liability

News, safety and legal information for San Diego premises liability victims

Hearing Loss – A Common Workplace Injury

San Diego Personal Injury AttorneyCall centers. Loud heavy equipment. Sound systems. All of them contribute to hearing loss on the job.

Did you know hearing loss is the most common workplace injury, according to the Center for Disease Control? It can happen to anyone in any industry, but it is most prevalent among manufacturing and industrial workers. In fact, among those industries, hearing loss accounts for one in every nine recordable workplace injuries.

Causes of Hearing Loss at Work

According to the U.S. National Library of Medicine, hearing loss at work is caused by prolonged exposure to vibration or sound. Some occupations at risk for hearing loss include airline maintenance, farming, construction, sheet metal and assembly line work. Occupations that involve loud machinery – like a jackhammer – also have high risk of exposure.

Treatment for Occupational Hearing Loss

Occupational hearing loss is usually permanent. Treatment includes the use of hearing aids, and using protection like earplugs to prevent further hearing loss and damage.

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Bounce House Dangers

San Diego Personal Injury LawyerRenting bounce houses for children’s parties in San Diego has become all the rage in recent years, but unfortunately a recent study suggests the play houses pose a significant danger to children.

As a leading San Diego personal injury lawyer, I want to draw your attention to the findings of the nationwide bounce house study. Injuries can range from mild to severe in kids of all ages.

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San Diego Personal Injury Lawyer Steven EliaThere are a dozen very common small business lawsuits in which an employee files a legal claim against an employer. Among them is workplace injury.

According to the Bureau of Labor Statistics, more than 3.2 million work-related injuries and illnesses were reported in 2009. Employers purchase liability and worker’s compensation insurance to pay expenses of a employee injured on the job. Employers are usually sued if they challenge a worker’s compensation claim or if the employer’s negligence or intentional action led to the worker’s injury.

What to do After a Work Injury?

Time is of the essence if you suffer an injury on the job. You should seek medical attention immediately and begin preparing for a massive amount of expenses.

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Drowning or Near-Drowning and Premises Liability

Personal Injury Lawyer San Diego Swimming pool accidents and drownings are extremely frightening and, unfortunately, all too common in the San Diego area. Our warm year-round weather lends itself to many “pool” days… and many times those relaxing days by the pool can turn into tragedy very quickly.

Losing a family member to a swimming pool accident is a nightmare in itself, but dealing with the after-effects – both emotionally and legally – can be even worse. It’s imperative that you contact an experience personal injury attorney who can help with a swimming pool drowning case.

The question of liability in a swimming pool drowning depends upon the nature of the accident itself. One potential liability is the premises where the drowning occurred.

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Making Sense of California Dram Shop Laws

Dram shop laws – statutes that hold businesses liable for selling alcoholic beverages to a person who is obviously intoxicated – are firmly in place in most U.S. states. In California, however, dram shop laws are fairly limited.

The purpose of any kind of dram shop law is to increase the responsibility of those who make profits by selling alcoholic drinks to guests. The word “dram” refers to a British unit of measurement for serving alcohol.

California Dram Shop Laws

Here in California, new legislation has removed the strict liability for businesses who serve alcohol to patrons. Basically, liquor stores or bars may NOT be held civilly liable for selling alcohol to people who have had obviously too much to drink. BUT, these establishments may still be held liable for serving alcohol to MINORS who are visibly intoxicated.

Here’s the tricky part. In California, liquor stores and bars may still be subject to criminal misdemeanor charges in severe drunken sales cases. In these matters, the owner of the bar or liquor store may be liable for damages to the injured person.

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The U.S. Occupational Safety and Health Administration (OSHA) has fined SeaWorld $75,000 for the death of a trainer at the Orlando theme park in February. The Orlando Sentinel reports that the federal fine raises the question of trainer safety when interacting with orcas during the well-liked Shamu show at SeaWorld parks in San Diego, Orlando and San Antonio. If the penalty remains intact, SeaWorld may be required to adhere to new safety standards and even eliminate their popular attraction that involves trainers swimming with killer whales. Ever since the SeaWorld employee’s death, SeaWorld establishments have prohibited trainers from entering the tanks with the whales.

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