Tuesday, April 23, 2019

McNicholas & McNicholas’ Case Listed on TopVerdict.com’s Top 100 Verdicts in California for 2018

Partner Matthew McNicholas and Senior Lawyer Doug Winter’s $2.75 million, unanimous verdict on behalf of a Los Angeles Fire Department (LAFD) employee was ranked among TopVerdict.com’s Top 100 Verdicts in California for 2018.

In Meiche v. City of Los Angeles, the plaintiff, who is a member of the LAFD Dive Safety Board, witnessed the destruction of equipment purchased by the Dive Safety Board, misappropriation of grant funds, and improper disposal of equipment in violation of grant restrictions, and was retaliated against for disclosing potential grant fraud and abuse.

TopVerdict.com recognizes U.S. law firms and attorneys who have obtained one of the highest jury verdicts, court awards or settlements in the nation or an individual state, in a particular area of law and year.

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Tuesday, March 26, 2019

Common Accidents that Occur on Construction Sites

Construction is a dangerous industry. Workers often handle heavy materials, sharp objects, and powerful tools and work under tight deadlines. This combination creates an extremely dangerous environment.

How OSHA Regulates Construction Sites

The Occupational Safety and Health Administration (OSHA), the regulatory body responsible for ensuring safe workplace standards, reports that 20% of workplace accidents or fatalities occur in the construction field.

Although OSHA creates and enforces safety guidelines and inspections, construction accidents unfortunately still occur in the workplace. Some of these common construction accidents are even fatal.

Common construction accidents include:

1. Construction Site Falls

According to OSHA, 39.2% of construction accident deaths occur due to falling. This is often caused by improperly maintained or installed catwalks and scaffolding, despite OSHA guidelines. Safety materials, such as harnesses and other forms of fall protection, are required but often overlooked.

2. Struck by an Object

Roughly 8.2% of workplace accidents on construction sites were due to a falling object. Even seemingly mundane tasks can be extremely hazardous, so proper safety equipment must always be used. Employees who work in an otherwise safe situation can be struck by a falling object if not outfitted with proper safety equipment.

3. Caught Inside or In Between

This broad category accounts for 5.1% of construction workplace accidents. With enormous vehicles and a lack of communication, serious injuries can happen at any moment. Heavy tools, if used improperly or without the right safety gear, can quickly lead to horrifying injuries. Structures may collapse without proper attention to detail, harming you or others in the process.

Contact a Construction Accident Attorney

If you were injured in a construction accident, you may be able to seek reimbursement for your injuries with the help of a construction accident attorney.

Your employer is responsible for your safety, especially when working in a dangerous field like construction. Sometimes, workers’ compensation is not enough to cover your medical bills, loss of income and suffering. You need a construction accident attorney to get you on the path of recovery. Call the construction accident attorneys of McNicholas & McNicholas, LLP at 310-474-1582 to discuss your situation.

Source: https://www.osha.gov/oshstats/commonstats.html

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Common Accidents that Occur on Construction Sites

Common types of construction site accidents.

Construction is a dangerous industry. Workers often handle heavy materials, sharp objects, and powerful tools and work under tight deadlines. This combination creates an extremely dangerous environment.

How OSHA Regulates Construction Sites

The Occupational Safety and Health Administration (OSHA), the regulatory body responsible for ensuring safe workplace standards, reports that 20% of workplace accidents or fatalities occur in the construction field.

Although OSHA creates and enforces safety guidelines and inspections, construction accidents unfortunately still occur in the workplace. Some of these common construction accidents are even fatal.

Common construction accidents include:

  1. Construction Site Falls

According to OSHA, 39.2% of construction accident deaths occur due to falling. This is often caused by improperly maintained or installed catwalks and scaffolding, despite OSHA guidelines. Safety materials, such as harnesses and other forms of fall protection, are required but often overlooked.

  1. Struck by an Object

Roughly 8.2% of workplace accidents on construction sites were due to a falling object. Even seemingly mundane tasks can be extremely hazardous, so proper safety equipment must always be used. Employees who work in an otherwise safe situation can be struck by a falling object if not outfitted with proper safety equipment.

  1. Caught Inside or In Between

This broad category accounts for 5.1% of construction workplace accidents. With enormous vehicles and a lack of communication, serious injuries can happen at any moment. Heavy tools, if used improperly or without the right safety gear, can quickly lead to horrifying injuries. Structures may collapse without proper attention to detail, harming you or others in the process.

Contact a Construction Accident Attorney

If you were injured in a construction accident, you may be able to seek reimbursement for your injuries with the help of a construction accident attorney.

Your employer is responsible for your safety, especially when working in a dangerous field like construction. Sometimes, workers’ compensation is not enough to cover your medical bills, loss of income and suffering. You need a construction accident attorney to get you on the path of recovery. Call the construction accident attorneys of McNicholas & McNicholas, LLP at 310-474-1582 to discuss your situation.

 Source: https://www.osha.gov/oshstats/commonstats.html

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Tuesday, March 12, 2019

Understanding California’s Strict Product Liability Laws

Understanding product liability in California

As a customer purchasing a product, you place your trust in the manufacturer. You believe the product will satisfy your needs and not cause you harm.

California’s strict consumer protection laws seek to ensure that manufacturers, retailers, and designers are held accountable for any injury their products might cause to the public. However, these laws are bound by a statute of limitations that determines how long your claim remains valid in the eyes of the court. It’s helpful to think of a statute of limitations as a clock counting down how much time you have to pursue legal action.

What Is the Difference Between Product Liability and Negligence?

Negligence claims must prove that the injuries or damages were caused by careless acts or breached the required duties owed to others. Strict liability makes no judgment based on good-faith intentions or no-fault responsibility; it pertains only to the fact that an injury or damage occurred.

Fault can lie with the manufacturer, designer, retailer, wholesaler, or others. Product liability laws seek to protect consumers from dangers, defects, or malfunctions that cause physical pain and suffering.

In California, a product liability attorney seeks to prove that their client’s injury was a direct result of how the product was manufactured or designed, or the result of improper warnings.

How to Determine if You Have Been Injured by a Defective Product

If you believe you were injured by a defective product, here are three questions to consider:

1. Was the product designed with a flaw?

A design flaw isn’t the result of a single mistake, but refers to the design itself being dangerous. In the case of a design flaw, every single product would feature the same flaw. An example would be a child’s toy with small detachable parts that could be a choking hazard.

2. Was the product manufactured with an error?

A manufacturer defect is unplanned and happens during the manufacturing process. This is where the product manufactured fails to meet the design.

3. Did the product feature poor instructions or was it missing warning labels?

A company must also protect the consumer with adequate warning labels and proper instructions. The proper way to use a product may not be obvious to the user. An example would be failing to warn of dangers the manufacturer knows occur frequently with use (proper or improper).

How to Prove a Strict Product Liability Case

Although you are not required to show evidence of negligence with a strict product liability lawsuit, an attorney must prove that the defect was in the manufacturing, design, or warnings.

California’s Statute of Limitations for Product Liability Lawsuits

California requires all product liability lawsuits be filed within two years of the injury; however, this small window of time may change depending on the situation. While most injuries may be obvious, others may not be readily apparent.

Los Angeles Product Liability Attorneys

Unfortunately, faulty products still cause a large number of personal injuries. With a strict statute of limitations in place, it’s crucial to bring forward claims as soon as possible.

The product liability attorneys at McNicholas & McNicholas, LLP hold manufacturers, retailers, and other parties accountable for their harm to innocent consumers. Contact us today at 310.474.1582 if you have been injured by a product.

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Wednesday, March 6, 2019

McNicholas & McNicholas Obtains $1M Policy Limit for Driver Injured in Semi-Truck Accident

Senior Lawyer Juan Victoria obtained a $1M policy limit on behalf of a driver who was rear-ended by an 18-wheel semi-trailer truck while sitting in traffic. The force of the collision caused the plaintiff’s seat to collapse, which launched her into the back seat of her car, causing a severe lumbar back injury and a traumatic brain injury.

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Tuesday, March 5, 2019

$1.5 Million Settlement Obtained for a Driver and Passenger Rear-Ended in a Four-Car Pile Up

Partner Matthew McNicholas and Senior Lawyer Juan Victoria obtained a $1.5 million settlement on behalf of a driver and passenger who were rear-ended by a Newflyer GETD bus during a four-car collision. Both plaintiffs sustained injuries to the head, upper and lower back, and neck.

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Friday, February 22, 2019

Associate Justin Eballar Featured on Pepperdine Law School’s TV Show for His Pro Bono Work on Behalf of Woolsey Fire Victims

Pepperdine Law School launched a temporary disaster relief clinic to assist the hundreds of Woolsey Fire victims who lost their homes and belongings in the devastating 2018 wildfire. In a segment on Pepperdine Law School’s TV show, Pepperdine News Waves, alumnus and Associate Justin Eballar discussed his pro bono work to aid victims in coping with their losses and rebuilding their lives, with Pepperdine Law student, Rachel Ripp.

“Being able to give back to the school and the surrounding community has been really rewarding,” said Eballar who worked with 13 victims through Pepperdine Law School’s disaster relief program.

Eballar, along with local student volunteers, professors, law firms and neighborhood legal services in LA county, provided legal services and advice to more than 100 victims on applications and appeals, contract issues, insurance matters, housing concerns and more.

Watch the full story.

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