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According to the Centers for Disease Control and Prevention, each year, there are approximately 4.5 million reported dog bite cases in the United States, and one in five of those cases result in serious injury. This issue raises questions about the responsibility of landlords in California in cases where a tenant’s dog bites someone. California Civil Code California Civil Code section 3342 provides that in any case where someone is bitten by a dog in a public place or while lawfully on private property, the owner of the dog is liable for damages. The word “owner” applies not just to the person who has legal title to the dog, but also to any person keeping, harboring, or having care or custody of the dog. Under the Code, a landlord may also be considered an owner if they had knowledge of the dog’s dangerous propensities and allowed the dog to remain on the property. In the case of Johnson v. City of South San Francisco (1968) 261 Cal.App.2d 425, the court held that a landlord must take reasonable steps to protect invitees from foreseeable dangers arising from keeping a tenant’s dog on the premises. In that case, the plaintiff was bitten by a tenant’s dog on the landlord’s property. The court found that the landlord had knowledge of the dog’s vicious propensities, as it had chased one of the landlord’s employees on a previous occasion. The court therefore held that the landlord was liable for the plaintiff’s injuries. In Kim v. W. S. Hampshire, Inc. (1991) 228 Cal.App.3d 1561, 1565, the court held that a landlord is not liable for a tenant’s dog bite if the landlord does not have knowledge of the dog’s dangerous propensities. In that case, the court found that there was no evidence that the landlord knew or should have known that the tenant’s dog was dangerous. In conclusion, if a landlord is aware of a tenant’s dog’s dangerous propensities and fails to take any action to protect others on the property, then the landlord may be held liable for damages caused by a dog bite. Landlords in California can protect themselves from liability by including a lease agreement that prohibits tenants from keeping dangerous dogs on the property. Landlords can also ask tenants about the nature and history of their pets before allowing them to move in. Proper steps taken by landlords will not only protect them from potential liability but also ensure the safety of all those who enter their property. Eduard Braun Attorney at Law 13713 Burbank Blvd. Sherman Oaks, CA 91401 818-796-4LAW (4529) Toll-Free: 877-533-4LAW Fax: 888-523-0963 www.eBraunLaw.com

Uninsured and underinsured motorist coverage (UM/UIM) is a type of insurance that provides additional protection to policyholders involved in car accidents with drivers who do not have insurance or whose insurance coverage is insufficient. In California, uninsured and underinsured motorist coverage is optional, but it can be a vital investment for drivers who want to protect themselves financially against potential accidents. According to the California Department of Insurance, approximately 15% of drivers in California are uninsured, which means that they do not have any auto insurance coverage. While all California drivers are required to have liability insurance, which covers damages and injuries to other people in case of an accident, uninsured and underinsured motorist coverage protects the insured driver and their passengers if they are injured in a collision with an uninsured or underinsured driver. Uninsured and underinsured motorist coverage can pay for medical expenses, lost wages, and other damages that the insured driver or their passengers may have incurred in case of an accident. However, it is worth noting that the maximum amount that can be paid out under this coverage is usually the amount of the insured driver's own liability coverage. Cost for the Insured The cost for the insured for adding uninsured and underinsured policy in California can vary depending on several factors, including the insurance company, the driver's age, driving history, and the amount of coverage they want to purchase. According to the California Department of Insurance, the cost of uninsured and underinsured motorist coverage can range from a few dollars to several hundred dollars per year. One of the main factors that affect the cost of uninsured and underinsured motorist coverage is the amount of coverage the driver wants to purchase. In California, the minimum coverage limit for uninsured and underinsured motorist coverage is $15,000 per person or $30,000 per accident. However, drivers can choose to purchase higher limits if they want additional protection. It is always recommended that one will have at least $25,000/$50,000 policy. Another factor that can affect the cost of uninsured and underinsured motorist coverage is the driver's age and driving history. Younger drivers or drivers with a history of accidents or traffic violations may be considered higher risk by insurance companies, which can lead to higher premiums. In conclusion, uninsured and underinsured motorist coverage can provide valuable protection for California drivers who want to safeguard themselves and their passengers against potential accidents involving uninsured or underinsured drivers. The cost for the insured for adding uninsured and underinsured policy in California varies depending on several factors, including the driver's age, driving history, and the amount of coverage they want to purchase. It is essential for drivers to shop around and compare quotes from different insurance companies to find the best coverage at an affordable price. By doing so, they can have peace of mind knowing that they have the necessary protection in case of an accident. Eduard Braun, ESQ Law Office of Eduard Braun, P.C.

Chronic pain syndrome (CPS) is a condition characterized by ongoing pain lasting for more than 3-6 months after an injury or trauma. Complex Regional Pain Syndrome (CRPS) is a form of chronic pain that usually affects limbs. The pain persists even after the injury has healed, and its severity can vary from mild to excruciating, greatly affecting the quality of life of the person. This article will explore CRPS, its symptoms, causes, diagnosis, and treatment options. It is important to note that this author is not a Medical doctor, this article intended to provide some basic information about CPS/ CRPS. A proper diagnosis must be made by a licensed medical provider. Symptoms: The symptoms of CRPS may vary depending on the affected areas of the body, but typical symptoms include persistent pain, swelling, stiffness, and warm or cool sensations on the skin. The affected area may also become hypersensitive, making it difficult to touch or move. Changes in skin color, texture, and temperature are also common symptoms of CRPS. Furthermore, nerve damage may occur in some individuals, causing tingling, numbness, and muscle weakness. Causes The causes of CRPS are not entirely known, but several risk factors have been identified. These include injuries, surgery, fractures, immobilization of limb, infection, and nerve damage. Psychological stress and a family history of pain disorders are also believed to increase the risk of developing CRPS. Diagnosis Diagnosing CRPS is often a challenge, and there is no definitive test for the condition. The diagnosis is usually made based on clinical history, physical examination, and exclusion of other possible causes of chronic pain. Medical professionals may use imaging, such as X-rays, bone scans, or MRI, to determine if there is any underlying damage to the bones or tissues. Treatment There is no cure for CRPS, but the symptoms can be managed through a combination of treatments. Treatment options vary and depend on the severity of the condition, but typically include physical therapy, medication, psychological counseling, and nerve stimulation. Physical therapy helps stretch and strengthen the affected area, while medication for pain and inflammation may be prescribed. Psychological counseling helps individuals better cope with the condition and the related stress. Nerve stimulation therapy, such as spinal cord stimulation, has also been used successfully in some individuals. Conclusion Chronic pain syndrome after an injury is a difficult condition to diagnose and manage. Medical professionals must identify a range of symptoms and risk factors before making a diagnosis. Although there is no cure for CRPS, combining treatments for pain management, physical therapy, and psychological therapy, can help individuals better manage their symptoms and improve their quality of life. More research is necessary to better understand the underlying causes and treatment options for CRPS. Eduard Braun, ESQ Law Office of Eduard Braun, P.C. 877-533-4529

In California, dog owners are held strictly liable for injuries caused by their dogs. This means that regardless of the owner’s knowledge of the dog’s dangerous propensities, they will be liable for any harm caused by their dog. The purpose of this article is to explore the California Dog Bite strict liability law, its history, and how it differs from other states. History The California Dog Bite strict liability law was enacted in 1931, after a series of court decisions had established the principle of “scienter” liability. The scienter liability rule required the plaintiff to prove that the owner had knowledge of the dog’s dangerous propensities, and had failed to take adequate precautions to prevent injuries. However, the California court recognized that the scienter liability rule was inadequate in protecting plaintiffs from dog bite injuries, and they needed a better legal protocol to protect the victims. In 1931, the California legislature enacted the Dog Bite statute, which provides that “the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog. The statute applies regardless of whether the owner knew of the dog’s viciousness or had taken any measures to prevent the dog from harming others.” Strict Liability Under the California Dog Bite strict liability rule, the plaintiff does not have to prove the dog owner’s knowledge of the dog’s dangerous propensities. The plaintiff must prove that the dog bit them, and they suffered damages as a result. The dog owner is presumed to have knowledge of the dog’s dangerous propensities, regardless of their past behavior, and the plaintiff does not have to prove that the dog was actually vicious. Exceptions However, there are exceptions to the California Dog Bite strict liability rule. If a person is bitten while trespassing on private property, or while provoking the dog, the strict liability rule will not apply. Additionally, the strict liability rule does not apply to police or military dogs that bite while performing their duties. Comparison with Other States Many other states have adopted strict liability rules for dog bite injuries, but some states have enacted more restrictive laws. In some states, the strict liability rule only applies when the dog owner knew or should have known of the dog’s dangerous propensities. In other states, the strict liability rule only applies to certain breeds of dogs, such as pit bulls or Rottweilers. Conclusion The California Dog Bite strict liability law provides an easier path for victims to obtain compensation for injuries caused by dog bites. While it is not perfect, the strict liability law provides a clearer standard for accountability than the former “scienter” liability rule. It is important for all dog owners to take responsibility for their animals, and take precautions to prevent dog bite injuries. With this law, victims can get justice even if it means the owners being held accountable for their animals. Eduard Braun, ESQ Law Office of Eduard Braun, P.C.

Texting and driving is a dangerous habit that has become increasingly prevalent in California. In this modern age of technology, the allure of constant communication and information at our fingertips has led to a rise in distracted driving accidents. Texting and driving poses a significant threat to the safety of drivers, passengers, and pedestrians on the road. The temptation to send a quick text or check a notification while behind the wheel can have devastating consequences. One of the major dangers of texting and driving is the impact it has on a driver's ability to react quickly in emergency situations. Studies have shown that texting while driving can increase the risk of a collision by up to 23 times. This is due to the fact that texting requires visual, manual, and cognitive attention, all of which are crucial for safe driving. When a driver is focused on their phone, they are not fully aware of their surroundings and are more likely to miss important cues on the road. Furthermore, texting and driving can also lead to a decrease in overall attention to the task of driving. Even a quick glance at a phone can take a driver's eyes off the road for several seconds, which can be long enough for a serious accident to occur. In fact, it is estimated that sending or reading a text takes a driver's eyes off the road for an average of 5 seconds. At highway speeds, this is long enough to travel the length of a football field blindfolded. In California, the dangers of texting and driving have been tragically illustrated in numerous accidents. One such example is the case of a young driver who was texting while driving and rear-ended another vehicle, causing a chain reaction crash that resulted in multiple injuries and fatalities. This devastating incident highlights the real-life consequences of engaging in distracted driving behavior. Another example is the story of a pedestrian who was struck and killed by a driver who was texting behind the wheel. The driver's momentary distraction led to a loss of focus on the road, ultimately resulting in a tragic outcome for the innocent victim. This serves as a stark reminder of the potential dangers posed by texting and driving. The statistics, impact on reaction time and attention, and real-life examples all point to the need for greater awareness and stricter penalties to deter drivers from engaging in this risky behavior. It is imperative that drivers prioritize safety on the road and resist the temptation to use their phones while behind the wheel. By doing so, we can help prevent unnecessary accidents and tragedies on California's roads.

Every state in the US requires drivers to have automobile insurance. In California, drivers who are involved in an accident or caught driving without insurance may lose their driving license. Despite this, a lot of drivers in California still choose to forgo insurance or choose the minimum coverage required by law. Therefore the importance of having an uninsured and underinsured policy for automobile drivers in California cannot be overemphasized. An uninsured policy is an optional policy in California that covers bodily injury and property damage that you or your passengers suffer in a car accident caused by an uninsured motorist. An underinsured policy, on the other hand, covers you and your passengers when you are in an accident caused by someone who has insurance, but their policy limits are not enough to cover the damages. With millions of drivers in California, it is essential to have an uninsured and underinsured (UM/UIM) policy to protect you from accidents caused by uninsured or underinsured drivers. UM/UIM 1. Helps You Cover Your Medical Expenses when the party at fault had no insurance or minimal insurance. Medical expenses can be overwhelming after a car accident. If the at-fault driver does not have insurance, you may end up paying for your medical expenses out of pocket. With an uninsured policy, your medical expenses will be covered by the insurance company, even if the driver who caused the accident does not have insurance. 2. It Covers Your Car Repair Costs. Car damages can be expensive to repair, and if the at-fault driver does not have insurance, it can be challenging to cover the repair costs. With an uninsured policy, your car repair costs will be covered by the insurance company. 3. It Provides Financial Protection In the event of a car accident caused by an uninsured driver, an uninsured policy provides financial protection for you and your family. You will be protected from any financial burden or bankruptcy that may arise as a result of the accident. 4. It Helps You Get Compensation If you sustain injuries in a car accident caused by an uninsured driver, it can be challenging to get compensation. The driver may not have the financial resources to pay for the damages, and you may end up losing your compensation. With an uninsured policy, you can receive compensation for your medical expenses, lost wages, and pain and suffering. In conclusion, having an uninsured and underinsured policy in California is crucial for every automobile driver. It provides financial protection and ensures that you are adequately compensated for damages incurred in an accident caused by an uninsured or underinsured driver. It is essential to research and compare policies from various insurance companies to find the right policy that fits your needs and budget. In summary, having an uninsured and underinsured policy is like having an extra layer of protection that ensures you are adequately covered in the event of a car accident. Eduard Braun, ESQ Law Office Of Eduard Braun, P.C. 818-796-4529

What A landlord needs to know to avoid unnecessary Insurance Claims. In California, tenants have the right to live in habitable housing. This means that landlords are required to provide safe and sanitary living conditions for their tenants. The implied warranty of habitability is a legal concept that requires landlords to maintain their rental properties in a condition that is fit for human habitation. Under the implied warranty of habitability, landlords are required to provide the following: 1. Safe and sanitary living conditions: Landlords must ensure that their rental properties are free from hazards that could cause harm to their tenants. This includes providing working smoke detectors, carbon monoxide detectors, and fire extinguishers. 2. Adequate heating and cooling: Landlords must provide heating during the winter months and cooling during the summer months. The heating and cooling systems must be in good working order. 3. Working plumbing and electrical systems: Landlords must ensure that the plumbing and electrical systems in their rental properties are in good working order. This includes providing hot and cold running water, functioning toilets, and working electrical outlets. 4. Pest control: Landlords must take reasonable steps to control pests in their rental properties. A breach of the implied warranty of habitability can result in several legal claims against the landlord, including breach of contract, breach of implied warranty of habitability, breach of covenant of quiet enjoyment, negligence, and potential retaliation. If a landlord breaches their duty to maintain a rental property, a tenant may be able to bring a legal claim against the landlord for damages. For example, a tenant may be able to recover the cost of any repairs made to the property, the cost of temporary housing if the property is uninhabitable, or other damages resulting from the breach. Retaliation by the Landlord is Prohibited California law prohibits landlords from retaliating against tenants who assert their legal rights. For example, a landlord may not evict a tenant or take other adverse action against them in response to a complaint about the property's condition. If you are a tenant and believe that your landlord has breached their duty to maintain the rental property, it's important to speak with an attorney who can help you understand your rights and options under California law. Eduard Braun Attorney at Law www.eBraunLaw.com 877-533-4529

When people purchase insurance, they expect their insurance companies to act in good faith and provide them with coverage in the event of an accident. However, in some cases, insurance companies act in bad faith by denying or delaying the payment of claims, causing significant financial damage to policyholders. What is Insurance Bad Faith? Insurance bad faith is a legal term that refers to when an insurance company fails to fulfill its contractual obligations to its policyholder. It occurs when an insurance company unreasonably denies or delays an insurance claim, refuses to investigate a claim thoroughly, or undervalues a claim. Bad faith conduct can also involve an insurance company failing to communicate with its policyholder or misrepresenting the scope of coverage under a policy. In California, the law imposes a duty of good faith and fair dealing on insurance companies. This means that insurance companies owe their policyholders a legal obligation to act in good faith and deal fairly with them when processing a claim. Under California law, insurance companies must investigate claims, communicate with their policyholders, and pay valid claims within a reasonable time frame. Examples of Insurance Bad Faith There are various scenarios in which insurance bad faith can occur in personal injury cases in California. Some of the examples are: · Unreasonable delays in processing insurance claims · Denying insurance claims frivolously or without a valid reason · Failing to conduct a proper investigation of the claim · Using deceptive tactics to deter policyholders from making claims · Undervaluing or underpaying claims · Refusing to defend or settle a claim despite the policy terms permitting it Legal Remedies for Insurance Bad Faith in California The California insurance code provides policyholders with various legal remedies when they have been subjected to insurance bad faith. These include: 1. Breach of Contract Lawsuit – A policyholder can sue an insurance company for breach of contract when an insurance company fails to pay valid claims under a policy. 2. Insurance Bad Faith Claim – A policyholder can bring an insurance bad faith claim if an insurance company's conduct is found to be particularly egregious, such as the insurer's wrongful denial of a claim. 3. Punitive Damages – If an insurance company's conduct is so egregious that it shocks the conscience, a policyholder may be awarded punitive damages. These damages are designed to deter future wrongful conduct by the insurance company. Conclusion Insurance bad faith is a serious issue that affects policyholders in California who have been involved in personal injury cases. It is essential for policyholders to be aware of their legal rights and remedies under California law. By understanding the concept of insurance bad faith and the various legal remedies available, policyholders can hold insurance companies accountable and receive compensation for their losses.