California Boating Accidents

Recreational boating accidents aren’t uncommon. In 2017, more than 4,200 boat accidents were reported to the United States Coast Guard. 658 of those accidents were fatal, while another 2,600 caused bodily injuries. When you are injured in a boating accident and someone else is to blame you have the right to ask for compensation. Filing a personal injury lawsuit can allow you to recover much-needed compensation for medical bills, lost wages, and pain and suffering.

Here’s what you need to know about boating accidents and personal injury claims in California.

What Causes Boating Accidents?

Boating accidents can happen for many reasons. However, certain boating accident causes are reported more frequently than others.

Inexperienced Operator

Boats are complicated pieces of equipment that must be handled by a knowledgeable and experienced driver. For years, it has been fairly easy for inexperienced and unqualified people to operate a boat in California. In fact, until recently, the state had no boater education requirements. New laws require boaters to take a boater-safety education course before they can hit the open waters.

The new laws are important because inexperienced operators are responsible for a large percentage of boating accidents. Inexperienced boaters may not know how to navigate the vessel safely or handle unexpected and severe weather conditions.


Anyone who operates a boat has an obligation to do so safely. Boaters not only have to look out for the safety of their passengers, but also for others in and on the water. Accidents are likely to happen when boat operators become negligent. Negligent conduct may include:

  • Speeding
  • Riding too close to shore
  • Riding too close to other vessels
  • Riding too close to swimmers
  • Texting and boating, or
  • Failure to pay attention.

Boating Under the Influence

It’s illegal to operate a boat while under the influence of drugs or alcohol in California. Boating while intoxicated increases the risk of a serious accident. Operators are less likely to have the capacity to control the vessel, see hazards in the water, avoid other crafts, and adapt to changing circumstances.

Defective Equipment

Sometimes boating accidents happen even when vessel operators do everything right. Some of these accidents can be caused by defective boating or safety equipment. Companies that manufacture products, including boats and safety equipment, have an obligation to make sure those products are safe for consumer use. When a product is defective and causes an injury, those companies can be liable for damages.

What Are the Most Common Boating Accident Injuries?

Boating accidents can be particularly devastating. Statistics show that the most common boating accident injuries include:

  • Drowning
  • Cardiac arrest
  • Blunt force trauma
  • Hypothermia
  • Traumatic brain injury
  • Soft tissue injury
  • Burn injury
  • Broken bones
  • Spinal cord injury
  • Paralysis
  • Amputation, and
  • Wrongful death.

It is important to seek medical attention immediately if you have been involved in a boating accident.

What Damages Can I Recover If I File a Boating Accident Lawsuit?

The main reason you’ve decided to file a lawsuit is probably to recover money from the person who is responsible for your boating accident and injuries. In California, boating accident victims can seek both economic and non-economic damages.

What Are Economic Damages?

Economic damages help to put you back in the financial position you would have been in if you had never been injured. In other words, economic damages compensate for financial costs you experience as a result of the accident or injury. Common examples include:

  • Hospitalization
  • Surgery
  • Other medical bills
  • Rehabilitation
  • Lost wages
  • Disability, and
  • Property damage.

You can recover economic damages for actual costs you have today, as well as for costs you can reasonably anticipate having in the future. It’s important to identify how your boating accident injury may affect you down the line.

What Are Non-Economic Damages?

Boating accident injuries won’t just be financial. You’ll also probably experience debilitating physical, emotional, and social injuries, as well. Non-economic damages can help to compensate for these personal injuries. Common examples include:

  • Pain and suffering
  • Anxiety and depression
  • Emotional distress
  • Embarrassment
  • Disfigurement
  • Loss of consortium, and
  • Loss of enjoyment of life.

Since these injuries are so intimate they can be very difficult to value in terms of money. It’s important to work with experts who can identify the full extent of your non-economic injuries and place an accurate value on your suffering.

How Can I Prevent Boating Accidents and Injuries?

Many boating accidents are avoidable. You can reduce the chances of being involved in a boating accident by keeping a few simple tips in mind.

Here’s how to stay safe and prevent injury when using a boat:

  • Only ride on a boat operated by an experienced and credentialed operator
  • Make sure boats are properly maintained and inspected before use
  • Avoid alcohol and drug use before and during boating excursions
  • Always wear a life jacket, or know where safety devices are located on the vessel
  • Avoid boating excursions in bad weather, and
  • Remain cautious and aware of other vessels and swimmers in the water.

Boating can be fun. It can also be dangerous if operators don’t exercise an appropriate level of caution and care. Always speak with an attorney if you are injured in a boating accident. You may be entitled to compensation that can cover medical costs, disability, and even emotional trauma. For more information, see our guide on finding a good personal injury lawyer in Calfornia.

Drug Recalls – What You Need To Know

Thousands of drugs are voluntarily recalled every year. Some recalls are issued by pharmaceutical companies, while others are issued by the FDA. The purpose of a drug recall is to protect the public from possible risks associated with a prescription drug. While this can prevent future harm, recalls do little to help victims who have already been injured.

State and federal laws offer protections to patients who are injured by dangerous drugs in the United States. If you have been harmed because of a defective drug you have the right to assert those protections by filing a product liability lawsuit. The company responsible for putting that defective drug in your hands can be held strictly liable for your injuries.

How Do Defective Drugs Get FDA Approval?

Before a drug can be sold or prescribed in the United States, it must be approved for use by the FDA. Applications for approval must include information about the drug’s intended use and evidence that it is effective. Companies pitching new medications have an obligation to make sure that drugs are thoroughly vetted through clinical testing procedures.

The FDA receives thousands of applications for new drugs every year. While the agency demands compliance with a 5-step process, it really lacks the ability to review each application with the attention it deserves. As a result, the FDA puts a lot of trust into pharmaceutical companies and relies on them to do their due diligence and make sure that drugs are safe for consumer use.

Drug companies are notorious for taking advantage of the stressed FDA approval process. Many cut corners and fail to put medications through extensive clinical tests. As a result, companies aren’t really fully aware of all potential side effects or the long-term consequences of using the new medication. Patients end up being the real test subjects. Dangerous side effects and risks may only become evident once the drug has been widely used for many years.

When Are Drugs Recalled in the United States?

Recalls are voluntary and can be issued by private companies or the FDA. Recalls may be disclosed publicly or issued privately to healthcare providers and pharmacists. Recalls can be issued when one or more person reports a previously unknown or undisclosed risk associated with a specific drug. The likelihood of a recall increases with each additional report.

Drug recalls are classified into one of three categories. Alerts to the public about drug recalls will often depend on which classification has been chosen for a specific drug.

  • Class I Recalls: Issued for drugs that “could cause serious health problems or death.”
  • Class I Recalls: Issued for drugs that “might cause a temporary health problem” or “pose a slight threat of a serious nature.
  • Class III Recalls: Issued for drugs that violate FDA labeling or manufacturing laws but that are “unlikely to cause adverse health reactions.”

Class I recalls are reserved the most serious health risks, while Class III recalls are more of a warning that a drug could potentially be dangerous because of legal violations.

Are Drug Companies Automatically Liable When They Issue a Recall?

No. Drug companies are encouraged to issue a voluntary recall whenever a possibility exists that a drug could pose a threat to patient health. If issuing a recall automatically caused a company to be liable, few would take this important step. However, the fact that a company issued a safety recall can be helpful if you decide to file a personal injury lawsuit. You could use the recall to help establish essential elements in your case.

Can Issuing a Drug Recall Shield Companies From Liability?

No. Again, drug recalls are issued for the sole purpose of protecting patients from possible health risks. The fact that a company voluntarily issued a drug recall will not shield them from liability if they are sued for damage caused by that drug. These companies can be held strictly liable for injuries caused by the medications they design and sell. This means that patients do not have to prove that a company was negligent or knew about the defect.

Instead, strict liability forces companies to make sure that they take all steps necessary to ensure that products are safe for consumer use. If a company misses something or cuts corners to save time and money, they can be liable for harm in the future. The fact that they later issued a recall for a danger they should have caught earlier is irrelevant.

What Are the Grounds For Filing a Drug Recall Lawsuit?

Product liability laws can be used to hold companies responsible for the products they design, manufacture, and/or sell. Injured patients typically approach these cases using one of three arguments: manufacturing defect, design defect, or failure to warn.

Manufacturing Defect: The drug contains a defect that exists because of how the product was manufactured. It was not manufactured according to its design specifications.

Design Defect: The drug contains a defect that is inherent in its design. This defect makes the product unreasonably dangerous.

Failure to Warn: Companies have an obligation to disclose any risks or hazards that it knows or should know about.

Should I Join a Class Action or File My Own Claim?

Class action lawsuits aren’t uncommon when a recalled drug has caused a lot of damage. In a class action suit, victims who have very similar cases band together and pursue compensation as one. This can be beneficial when multiple victims have few resources. Class actions can draw attention and make it more difficult for a drug company to escape liability. When a class action is successful, each victim in the class receives a portion of the financial award.

You’re not required to join a class action lawsuit if you’ve been injured because of a recalled drug. Filing a lawsuit on your own gives you more flexibility and control over your case. You’ll also be able to enjoy the entirety of your settlement or award without sharing with other victims. However, it can be more expens
ive and time-consuming to pursue a case on your own.

The best thing to do is consult with an experienced personal injury lawyer. Your attorney will review your case and help you understand all of the legal options available to you. With this information in hand, you can make an informed decision about the path you’d like to take. Your attorney can help to answer any questions you may have.

Boris Lavent, founding partner of Lavent Law, P.A., is a respected personal injury lawyer in Miami, FL. Since he began practicing law in 2014, Boris has been continually been recognized as one of the top trial attorneys in the country. He handles all personal injury matters, including those for victims of defective pharmaceutical drugs.

Nursing Home Abuse in California

When the people we love get older we want to make sure that they have the best quality of life. Since we often lack the time and ability to take care of our loved ones ourselves, we often turn to nursing homes for help. When our loved ones move into a nursing home, we trust that they will be well cared for and safe. Unfortunately, nursing homes abuse is very real in California. In fact, reports of abuse have increased in recent years. Some blame poor oversight while others blame greedy nursing home companies.

Has your loved one has experienced abuse in a nursing home? If so, it is important for you to understand your legal rights. Filing a lawsuit can help you recover compensation for your loved one’s harm while holding a negligent nursing home accountable.

What is Nursing Home Abuse?

Nursing home abuse can be broadly defined to mean conduct or behavior that harms an elderly resident. This harm can be physical, emotional, or even financial. In California, there are actually many different types of nursing home abuse.

Physical Abuse: Physical abuse involves the harmful touching of a nursing home resident. A nursing home resident who experiences physical abuse will experience a physical injury and/or pain. Examples of physical abuse can include:

  • Hitting
  • Pushing
  • Sexual abuse, and
  • The use of excessive restraints.

Emotional Abuse: Emotional abuse can be just as devastating as physical abuse. This type of abuse occurs when a nursing home subjects a resident to behavior that is likely to result in psychological trauma (e.g., anxiety, depression, fear). Examples of emotional abuse can include:

  • Yelling
  • Using derogatory slurs and phrases
  • Intimidation, and
  • Bullying.

Abandonment: Abandonment occurs when a nursing home or caretaker deserts an individual it was entrusted to care for. Abandonment is much more common when we trust individual caretakers or family members to watch out for our loved ones.

Neglect: Neglect is perhaps the most frequently reported form of nursing home abuse in California. Neglect occurs when a nursing home fails to provide adequate care and aid to a resident. Examples of neglect can include failing to:

  • Provide adequate food and nutrition
  • Ensure residents receive appropriate medications
  • Bathe or assist residents with personal hygiene
  • Protect residents from safety and health hazards, or
  • Provide adequate medical and mental health care.

Financial Abuse: Nursing home residents are actually at an increased risk of experiencing financial abuse. Financial abuse occurs when a nursing home exploits a resident’s money, property, or assets without consent. Examples of financial abuse can include:

  • Staff members stealing cash and/or property from a resident
  • Staff or administration making purchases using a resident’s credit card or bank account
  • Forging a resident’s signature on personal checks, and
  • Forcing or fraudulently convicting residents to sign a new will or legal documents.

What are the Signs of Nursing Home Abuse?

There are two primary signs of nursing home abuse: physical and emotional.

Physical signs of abuse include:

  • Cuts and bruises
  • Broken bones
  • Bed sores
  • Extreme and unexpected weight loss
  • Limited mobility, and
  • Complaints of pain.

Emotional signs of nursing home abuse include:

  • Anxiety
  • Depression
  • Unexplained bouts of anger or rage
  • Isolation
  • Agitation, and
  • Confusion.

These signs will not always mean that your loved one is experiencing abuse. However, it is important to speak with your loved one and the individuals in charge of their care if you do notice any physical or behavioral changes.

What Can I Do If I Recognize Nursing Home Abuse?

Nursing home abuse is both a criminal and civil offense in California. The first thing you should do is report the abuse to local authorities. The next thing you should do is consider filing a personal injury lawsuit for damages. In California, anyone who assumes responsibility for the care of your elderly loved one may be liable for injuries.

In most cases, individuals or entities whose willful conduct or negligent behavior causes your loved one to suffer harm will be liable. This could include nursing home companies, administrators, nurses, caretakers, and other staff. Regulatory and government agencies in charge of oversight may also be responsible for any harm your elderly loved one suffers.

What Damages Can I Get If I File a Nursing Home Abuse Lawsuit?

Nursing home abuse can be devastating for you and your family. Fortunately, you have the right to file a lawsuit for damages. Money will not undo the abuse, but it can help to alleviate some of the financial stress you experience. In California, you will likely be able to request both economic and non-economic damages. Economic damages help to compensate for your financial costs. Non-economic damages help you with more personal and intimate harms.

Commonly awarded damages in nursing home abuse lawsuits include those for:

  • Medical bills (both present and future)
  • Rehabilitation
  • Medication
  • Pain and suffering, and
  • Emotional distress.

If your loved one suffered abuse that was willful, fraudulent, or malicious, you may also be entitled to an award of punitive damages. These are intended to punish the abuser and are paid in addition to other damages.

Nursing home abuse can be traumatic for your loved one and your family. Do you want to learn more about how you can file a personal injury lawsuit? Contact an experienced California nursing home abuse attorney at Citywide Law Group – They will help you understand your rights and answer any questions you have. You can also check out our guide on finding a good personal injury lawyer in California.