Southern California Injury Law Blog

Although New Year’s Eve gets the blame for the holiday with the most DUI fatalities, actually it runs a distant second to Thanksgiving. Family holidays are wonderful times to be together, but they also can create situations that can lead to excessive drinking.
Every 30 minutes someone is killed in an alcohol-related accident. In fact, Americans who drink and drive after holiday parties and celebrations make the period between Thanksgiving and New Year’s one of the year’s most deadly and dangerous seasons due to alcohol-related crashes. Over 17, 500 persons die unnecessarily due to bad driving choices.
Tragically, consequences of driving while under the influence cannot always been corrected. One example is Felipe Navarro Orona who was driving the shoulder of the I-5 freeway at 3am one morning. He failed to see two men changing a tire in front of him until it was too late. One man died at the scene from blunt force trauma to his head, body and legs. The other man was seriously injured but is expected to survive his injuries.
Orona has now pleaded guilty to vehicular manslaughter and other serious charges. He faces a maximum 13 year jail sentence in the penalty phase. One careless act has changed the lives of three men and their families forever.
The one deterrent for drunken driving here in Orange County that seems to be effective is sobriety checkpoints. Since their inception, fatalities and serious injury accidents have been lowered. The Orange County Sheriff’s Department has just received a three-year state grant for $874,852 to combat intoxicated drivers during various holiday seasons. The grant helps to supplement local law enforcement budgets and assist with extra holiday related expenses.
The major checkpoint season is the period between Thanksgiving and New Years, but one day enforcement targets will include Super Bowl Sunday, St. Patrick’s Day, Cinco de Mayo, and Memorial /Independence Day long weekends.
A DUI arrest in the State of California means automatic suspension of your license; impound of your car, higher insurance, ignition locks in some counties and maybe some jail time. It’s just not worth the aggravation. If you are convicted, it is mandatory that your car will have some type of ignition interlock device placed on your automobile.
To avoid getting a DUI this holiday season, follow these few driving safety tips:
• Plan ahead and always designate a sober driver before the holiday party or celebration begins
• Don’t even think about getting behind the wheel of your vehicle if you’ve been out drinking
• Call a taxi or use mass transit! Or how about getting a sober friend or family member to come and get you
• If you are able, stay where you are and sleep it off until you are sober. Many office parties are held in hotels for this reason
• If you’re hosting a party this season, make sure your guests do not drive intoxicated.

Happy Thanksgiving!

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie, a firm devoted to advancing the rights of auto accident victims. IF you need assistance with a legal matter call 1 888 752-7474.

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According to a new report from Transportation for America, the Southern California metro area is the most dangerous for pedestrians. In addition, there have been 491 deaths statewide last year. Lack of sidewalks and crosswalks spaced too far apart are two of the main causes of these accidents. The report entitled, “Dangerous by Design: Solving the Epidemic of Preventable Deaths”, investigates why there has been such an increase in pedestrian deaths.
For one California family, their son has become a statistic, but they are trying to fix the problem that caused this accident in the first place. One year after the accident that left Adam Wilhite with severe brain injuries and in a coma; his father is suing the city of Westminster for $75 million dollars.
The suit claims that the city failed to provide proper lighting, safety features and signs at the intersection of Goldenwest Street and Sowell Avenue. The police report claims that Adam was at fault for the accident due to the fact that he was not in a crosswalk and failed to yield the right-of-way to a close vehicle. His parent’s argue that the car that hit him was travelling at an excessive speed as well as other contributing factors. The driver was not charged.
Adams’ parents visit the accident site frequently and they often see several kids from both Marina and Westminster high schools crossing at this very location. The lawsuit argues that due to the proximity of the high schools, there should better access to crosswalks for the children. School areas are especially vulnerable. See this article about a high incidence of pedestrian accidents close to Northridge University.
As congress prepares to rewrite the nation’s transportation laws, it is urgent that our spending priorities and policies keep our states, counties and cities safe for pedestrians. Although nationwide, pedestrian deaths account for 11.8% of all traffic deaths, only 1.5 percent of transportation funds are spent on efforts to improve pedestrian safety such as crosswalks and sidewalks.
As with most preventable deaths, ethnic minorities, children and the elderly are disproportionally affected in the more than 76,000 Americans that have died over the past 15 years on their city streets. Many cities traffic patterns have changed from main street to arterial roads and this is the cause of over half of the deaths. The rest are caused by poorly designed sidewalks and crossing areas.
If you are experiencing too many accidents in your community, take action and speak to your local representatives about pedestrian deaths and make sure that they know about these two programs:
Adopt a National Complete Streets Policy
This will ensure that all federally funded road projects take into account the needs of all users, including pedestrians, the elderly, and the disabled so they are able to travel safely on our city streets.
Expand the Safe Routes to School Programs
This program allows communities to incorporate critical safety measures to allow children a safe path for walking and bicycling to school.
For a full copy of this report, you can download a pdf version at www.t4america.org/

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie advancing the rights of pedestrians injured or the victim of wrongful death in California. If you need help call 1 866 981-5596.

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I wrote about lawyer advertising hype and ways you can be fooled by inflammatory advertising in my book “Avoid Lawyer Advertising Hype. A Lawyers Method of Finding a Lawyer.” One section is devoted to telling you how to check the background and discipline record of the attorney you may hire. It is easy and every potential client should take advantage of this check. Here is an example of why that check is important.

The California State Bar has appointed a task force to investigate lawyers who may be exaggerating their loan modification abilities in advertising. The potential clients are desperate and need help to be sure. Unfortunately unscrupulous lawyers may prey on these people, encourage a “review fee” or advance on fees, and realistically, the victim has no chance of qualifying for a loan modification. The task force has recently caused the resignation of three lawyers for such behavior, and also notes the passage of new legislation that prohibits an attorney from charging an advance in such cases. You may not know that information if you were seeking a loan modification and listening to lawyer advertising.

Additionally, one attorney, James Parsa, California bar number 153389, advertised on major television spots for clients in the loan modification business. The task force began an investigation into his background and also his practices related to loan modification. Before the investigation could be completed, a background error was noted, specifically that this attorney had a prior conviction for molesting a child under 18 years of age. He apparently did not report this matter to the State Bar as is mandated by law. Many people do not realize that every attorney has to go through a disclosure, reporting and evaluation phase with the State Bar before a license is issued. When confronted with this evidence, he voluntarily resigned from the practice of law.

While an attorney may not practice law in this state without State Bar approval, what is to stop this person from continuing to solicit cases from unsuspecting clients? If they do not investigate his background and right to practice law, they may be duped into paying for services that cannot be delivered, or are delivered illegally. You don’t think this kind of thing happens? Think of the recent ponzi scam of Bernie Madoff that fleeced Billions from unsuspecting investors. It happens in law as well.

The State Bar is funded solely from attorney fees collected from attorneys and provides an arm to investigate and properly document when an attorney is not adhering to the laws of the state. The Bar will also investigate claims against an attorney for impropriety. It is a great source of information to examine as a consumer, and you should always avail yourself of this feature before retaining an attorney. It is free, on-line and provides up-to-date data on all attorneys in the State.

You can obtain a copy of my book at www.avoidlawyeradhype.com. In the second part of the book, I provide you with A lawyer’s Method of Finding a Lawyer. It outlines a number of resources that you can use to find and verify the qualifications of a lawyer in most fields of law. I help you identify the type of specialty, the pros and cons of using a lawyer referral service, and tips on interviewing and checking out lawyers. I encourage anyone that has never hired a lawyer to get a copy of the book, and let me show you what I do to find a lawyer in a field other than my practice.

James Ballidis is an attorney practicing auto accident and personal injury law in Newport Beach, California.

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A recent California Appeals Court has ruled that as a matter of law, a truck stopped on a shoulder, for what ever the reason, owes no duty to motorists that strike the truck and therefore cannot be found liable.

On February 24, 2004 Adelelmo Cabral’s pickup truck entered the shoulder and struck a stopped Ralphs Grocery tractor trailer. The truck was stopped in the emergency shoulder area without an emergency. The widow of Cabral argued through expert testimony that the truck driver was negligent when he stopped without an emergency, and caused an unreasonable risk of harm to Cabral. A jury agreed.

On Appeal, the 4th District ruled that the truck driver owed no duty to passing motorists and only a possible duty to motorists that needed to use the emergency dirt shoulder. There was no evidence that Cabral needed to use the emergency lane, and in fact, may have simply driven off the road surface and shoulder becasue he was drunk. The Court held that no duty was owed and therefore there can be no liability.

Trucks often pull to the shoulder for a myriad of reasons. Motorists that need to use the shoulder should protect themselves from tragedy by avoiding the tractor trailer or going around it before stopping.

Truck accidents on shoulders, where a portion of the truck remains in the lane of travel, are unaffected by this action. Truck accidents need to be reviewed on a case-by-case basis to ensure that no potential claims should be brought. Additionally it is not unusual for a police report to be in error on the location of the point of impact and the location of the trailer. Therefore initial investigation of an accident is crucial.

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Last weekend we turned our clocks back an hour, losing an hour of daylight. As daylight savings time ends and we return to daylight standard time, the highways become more dangerous as many people drive drowsy and in the dark. According to recent studies from the National Road Safety Foundation, NRSF, fatigued impairs the brain as much as alcohol does.

Although it is the difference of one hour of sleep, researchers have identified clear links between losing an hour of sleep and increases in fatigue and traffic accidents. In fact, some studies have suggested that one hour sleep loss is comparable to the same effect as three-hour jet lag. Fortunately within a week’s time, most drivers have adjusted.

According to the National Highway Traffic Association, NHTSA, fatigued or drowsy driving causes 100,000 crashes a year, with 40,000 injuries and 1,550 fatalities. An astounding 37% of current drivers have admitted to falling asleep while driving and up to 60% have driven while drowsy.

In addition to drowsy driving after returning to standard time, commuters are adjusting to driving in the dark. Adjusting to these two factors is important to driving more safely.

Are you aware of the danger signs of drowsy driving? Take the NRSF’s quiz and discover if you are a drowsy driver:

· Do you have difficulty focusing, yawn or rub your eyes, blink repeatedly?
· Can’t recall the last few miles, daydream, and become irritable?
· Head snaps and nods?
· Catch yourself drifting out of your lane, hitting the rumble strips or accidently tailgating?

If you answered “yes” to any of these items, then here are some of NRSF’s safety tips:

· Try to get 7-9 hours of sleep at night; teens even more
· If you notice any signs of fatigue, get off the road and take a break; drink some caffeine
· Schedule breaks along your trip every 100 miles or every two hours
· Avoid alcohol and sedating medications

If you would like additional information on the dangers of driving drowsy, you can download a free educational guide by NRSF at www.nationalroadssafety.org/

In addition to the dangers of drowsy driving, returning to standard time it is obviously dark by 5:00 pm. Driving at night is more difficult for everyone and traffic deaths are three times greater at night.

The main reason that driving in the dark is so dangerous is that ninety percent of driver’s reaction depends on their vision. Obviously, vision is severely limited at night. In addition to vision limitations, peripheral vision, color recognition and depth perception are limited.

The National Safety Council recommends these easy steps for safe night driving:

· Keep all of your lights and windows cleaned properly
· Have your headlights checked for proper positioning or aim
· Avoid smoking when your drive; nicotine and carbon monoxide hamper night vision
· Reduce your speed and increase your following distance
· If an oncoming vehicle doesn’t lower beams from high to low, avoid glare by watching the right edge of the road and use that as a steering guide.

James Ballidis is the managing partner of Allen, Flatt, Ballidis & Leslie, a California personal injury firm specializing in the rights of accident victims.

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Last weekend we turned our clocks back an hour, losing an hour of daylight. As daylight savings time ends and we return to daylight standard time, the highways become more dangerous as many people drive drowsy and in the dark. According to recent studies from the National Road Safety Foundation, NRSF, fatigued impairs the brain as much as alcohol does.

Although it is the difference of one hour of sleep, researchers have identified clear links between losing an hour of sleep and increases in fatigue and traffic accidents. In fact, some studies have suggested that one hour sleep loss is comparable to the same effect as three-hour jet lag. Fortunately within a week’s time, most drivers have adjusted.

According to the National Highway Traffic Association, NHTSA, fatigued or drowsy driving causes 100,000 crashes a year, with 40,000 injuries and 1,550 fatalities. An astounding 37% of current drivers have admitted to falling asleep while driving and up to 60% have driven while drowsy.

In addition to drowsy driving after returning to standard time, commuters are adjusting to driving in the dark. Adjusting to these two factors is important to driving more safely.

Are you aware of the danger signs of drowsy driving? Take the NRSF’s quiz and discover if you are a drowsy driver:

· Do you have difficulty focusing, yawn or rub your eyes, blink repeatedly?
· Can’t recall the last few miles, daydream, and become irritable?
· Head snaps and nods?
· Catch yourself drifting out of your lane, hitting the rumble strips or accidently tailgating?

If you answered “yes” to any of these items, then here are some of NRSF’s safety tips:

· Try to get 7-9 hours of sleep at night; teens even more
· If you notice any signs of fatigue, get off the road and take a break; drink some caffeine
· Schedule breaks along your trip every 100 miles or every two hours
· Avoid alcohol and sedating medications

If you would like additional information on the dangers of driving drowsy, you can download a free educational guide by NRSF at www.nationalroadssafety.org/

In addition to the dangers of drowsy driving, returning to standard time it is obviously dark by 5:00 pm. Driving at night is more difficult for everyone and traffic deaths are three times greater at night.

The main reason that driving in the dark is so dangerous is that ninety percent of driver’s reaction depends on their vision. Obviously, vision is severely limited at night. In addition to vision limitations, peripheral vision, color recognition and depth perception are limited.

The National Safety Council recommends these easy steps for safe night driving:

· Keep all of your lights and windows cleaned properly
· Have your headlights checked for proper positioning or aim
· Avoid smoking when your drive; nicotine and carbon monoxide hamper night vision
· Reduce your speed and increase your following distance
· If an oncoming vehicle doesn’t lower beams from high to low, avoid glare by watching the right edge of the road and use that as a steering guide.

James Ballidis is the managing partner of Allen, Flatt, Ballidis & Leslie, a California personal injury firm specializing in the rights of accident victims.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floor mats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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Posted In: Car Accidents , Injuries

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floormats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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Posted In: Car Accidents , Injuries

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floormats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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Posted In: Car Accidents , Injuries

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floor mats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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A jury in Sacramento returned a $16.57 million verdict against Entercom Broadcasting's Sacramento subsidiary when a woman died from drinking too much water to win a WII game contest. The winner was the person that could consume the most water without having to go to the bathroom. Water poisoning can occur with the consumption of too much water.

What is interesting about this case, is the ability of a Plaintiff to get it to trial without dismissal, and not for the reasons you are probably thinking.

The Plaintiffs, family of the deceased woman, made a point that the radio station was warned of the dangers before the contest, knew the dangers and still held the contest. Additionally, the local station and managers did not follow their internal rules and regulations regarding holding such contests. These types of contests were prohibited by their own rules because they pose an unusual danger to contestants. The Plaintiffs’ attorney made several post trial statements that this case was about holding people responsible for their acts, including this station and their employees. The jury found no responsibility on the decedent, as she apparently had no warning of the dangers of drinking too much water.

In most cases, where a contestant had participated in a contest, they are required to execute a release and waiver of claims for personal injury. This case was no exception, but the release was poorly written. In most cases, people who participate in contests can waive their entire right to make any claim and Courts in California have routinely held these releases valid. That is why it is important if you are a victim of one of these contests, you consult with a California personal injury attorney.

In this case, through some digging, I got a copy of the release. It states:

“Release for all claims including personal injury.
In consideration of goods and valuable consideration received and to be received, I (and everyone I know) do hereby release Entercom Inc. from all claims, demands, grievances, and causes of action either legal or equitable, including but not limited to all damages of any kind incurred by myself and others…”

This release fails as far to generalized to escape liability for negligence or intentional conduct, but don’t think that an ironclad release cannot be drafted. In many cases in California a release has been upheld even if the damages could not have been expected. One of the most unusual cases, a TV fell from a Gym wall onto a patron as he was walking by, but the release provided protection even though the TV had been mounted improperly by an employee and had nothing to do with the patron. In fact Courts in California have been trending toward upholding the validity of releases more than denying their application.

I am sure that this woman had no notion that she was signing away her rights if she died during the contest. No one anticipates these tragedies. But the ability to sue should not be limited by a release if the other party does things that intentionally or negligently cause you injury, and that are out of your control or not anticipated.

Most cases get dismissed because crafty lawyers draft air tight releases, even though, as in this case, the company did not even follow the basic rules set out to protect contestants.

In modern society, big business controls everything. If you want to join a gym, you have to sign a release and if you participate in a contest, be prepared to suffer the consequences. You are on your own.

James Ballidis is an attorney in Southern California and has represented many clients facing release issues against their rights. We encourage you to always have an attorney review your release if you are hurt and your claims are being denied. Many releases can be broken, like this one, where the release is not drafted properly and completely. Call us at 949 752-7474 if you want to consult us or contact us.

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Posted In: Injuries

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