Dear Personal Injury Lawyer,
I was burned by am hot tea in July 2015 at a movie theater. I had scaring and went to a doctor. It was a terrible burn but because I have two young kids I never pursued my case. I am now wondering if I still have a case. I have a mild scar and information on the medical treatment I received. This happened almost a year ago. What are my options?
Answer by Joshua W. Glotzer APC
Dear Burned Mama,
You have time to seek compensation for your injuries. The first thing you should be aware of is the statute of limitations for personal injury cases. In California if you are injured in an accident you have 2 years to file a personal injury lawsuit or in most cases you will be forever barred from obtaining compensation for your injuries.
Second, in order to obtain compensation you have to show that your injury was a result of some negligence of the movie theater. There are standards for heat in serving liquids in commercial establishments such as movie theaters and if it was hot enough to cause a bad burn chances are the theater may be negligent. In addition, if the tea in your case was stored improperly in the cup or container by theater there may be a breach of duty of care owed to you by the theater.
I’m sorry you have suffered an injury but you still have time to pursue your right compensation.
Bicyclist: I recently was going through an intersection on my bike. I did not see any cars and went through the stop signs without stoping. I was almost run over by a car. If I was hit, is it my fault. Do have any rights?
Bicycle Accident Lawyer In California, bicycle riders most abide by the same rules of the road as car or other motor vehicles. In this instance, if the cause of the accident was related to you failing to stop at a stop sign you may be at fault. However, if the car failed to abide by another California Vehicle Code law, then you may be able to some recovery since California is a comparative fault state.
Answered By: Joshua W. Glotzer, APC
Do I Have A Case
If you have been injured in an accident whether it is a car accident, truck accident, bicycle accident, slip and fall or any other accident caused by another person or company you may be entitled to damages for your injuries under California Law. In order for a person to prevail in a personal injury case they must prove that the other party was negligent and that you were injured as a result of negligent conduct. Although this may appear simple enough, the alleged negligent party’s insurance carrier will often times hire lawyers and experts to fight a negligence claim in order to avoid having to pay damages that are owed. Luckily, an experienced personal injury will have the knowledge and skill to represent an injured party and obtain the maximum recovery allowed under California Law.