Last night, a 2-year-old boy was attacked by a pit bull at a home in Fullerton. According to a story in the Orange County Register, the attack left the little boy with a 7-inch cut on his head. The unidentified boy was treated by paramedics before being transported to a nearby hospital. Apparently, when animal control officers arrived to look for the dog they also found marijuana being grown, and the Fullerton Police Department processed the house. According to the Register article, the boy's mother told police she was house sitting for a friend and did not live at the location.
See the Register article and photographs HERE.
Once again, an innocent child has fallen victim to a vicious pit bull attack. It is nothing short of infuriating that an animal with such a reputation for aggression is allowed, unrestrained and unsupervised, in the company of a small child. While it remains to be seen where on this boy's face the wound was inflicted, a 7-inch cut or bite wound could be disfiguring and noticeable for a lifetime. Only a number of months, if not years, of healing and perhaps scar revision can potentially erase the physical scars, but the emotional toll may last a lifetime. Assuming the homeowner/dog owner was covered by a policy of insurance (that did not specifically exclude coverage for pit bulls, which some policies do), this little boy would appear to be entitled to a substantial recovery, providing at least some form of compensation.
Compensation for the victims of vicious dog attacks should be an important concern for all Californians. When an innocent victim is attacked and seriously injured (physically and emotionally), the dog’s owner should be held accountable for all of the injuries and damages suffered. An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been a victim of a dog bite or attack?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Tuesday, December 27, 2011
Monday, December 26, 2011
Cyclist in Orange County Seriously Injured
On Sunday evening, a 50-year-old bicyclist was seriously injured in an Orange County traffic accident. The cyclist, who has yet to be identified, was struck by a vehicle in Santa Ana and was taken to UCI Medical with critical injuries, necessitating emergency surgery. According to the report by the Orange County Register, the traffic accident was reported in the 100 block of North Euclid Street just after 6:15 p.m. Citing official sources, the Register reported the accident is still under investigation, and it is not clear if the bicyclist was in the street or in a crosswalk at the time of the collision. The driver was not arrested and apparently no citations were issued.
See the Orange County Register HERE.
The area of the accident appears to be relatively flat and the roadway is straight. It is unknown if the accident happened at or near an intersection or who had the right of way. Given the time of the accident, it may be that lighting or visibility of the rider played some role in the occurrence of the accident. One issue that should be considered in assessing responsibility and something all bicyclist should keep in mind, a bicycle operated during darkness must be equipped with all of the following:
(1) A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.
(2) A red reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
(3) A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
(4) A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.
(California Vehicle Code Section 21201)
Visibility of bike riders is often an issue when a traffic accident occurs. Those operating motor vehicles are rarely looking for bicyclists, and the likelihood a driver will see a cyclist at night (absent the above equipment) seems remote. Given the severity of the accident, the police department will likely do a detailed investigation and analysis to see if the driver was attentive and whether the bicyclist complied with the above statute.
Compensation for the victims of bicycle versus motor vehicle accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle without paying careful attention to the roadway, they should be held accountable for the injuries and damages they cause. An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving bicycle accidents. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in a motor vehicle versus bicycle accident?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Monday, December 19, 2011
Hit-and-Run Driver Involved In Anaheim Crash
A woman was injured and transported to a local hospital this morning after a hit-and-run accident in the city of Anaheim. According to a report by the Orange County Register, the male driver of a Chevrolet Cavalier apparently made a left turn into the path of an oncoming Honda Civic just before 11:00 a.m. today. The accident happened on Euclid Street near its intersection with Catherine Drive in Anaheim. As a result of the impact, the Civic struck a parked car. Fortunately, a 1 -year-old in the Civic was uninjured. The driver of the Cavalier fled the scene of the accident on foot and has yet to be located.
See the Orange County Register article HERE.
The law in California is clear, a left turning driver may only make and continue their turn so long as it is reasonably safe to do so. Under the California Vehicle Code, "The driver of a vehicle intending to turn to the left at an intersection or into public or private property, or an alley, shall yield the right-of-way to all vehicles which have approached or are approaching from the opposite direction and which are so close as to constitute a hazard at any time during the turning movement and shall continue to yield the right-of-way to such approaching vehicles until such time as the left turn can be made with reasonable safety.." From the fact the collision occurred and the driver of the Cavalier fled the scene (possibly demonstrating consciousness of guilt), it would appear the Vehicle Code was violated and hit-and-run driver would be liable for the injuries and damages he sustained. Beyond that, he may well have committed a crime in that he left the scene of an injury accident without properly identifying himself or attempting to render aid to the other driver.
Compensation for the victims of automobile accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle in violation of the law, they should be held accountable for the injuries and damages they cause. An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving drivers making illegal turns. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed by a left-turning driver?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the Orange County Register article HERE.
The law in California is clear, a left turning driver may only make and continue their turn so long as it is reasonably safe to do so. Under the California Vehicle Code, "The driver of a vehicle intending to turn to the left at an intersection or into public or private property, or an alley, shall yield the right-of-way to all vehicles which have approached or are approaching from the opposite direction and which are so close as to constitute a hazard at any time during the turning movement and shall continue to yield the right-of-way to such approaching vehicles until such time as the left turn can be made with reasonable safety.." From the fact the collision occurred and the driver of the Cavalier fled the scene (possibly demonstrating consciousness of guilt), it would appear the Vehicle Code was violated and hit-and-run driver would be liable for the injuries and damages he sustained. Beyond that, he may well have committed a crime in that he left the scene of an injury accident without properly identifying himself or attempting to render aid to the other driver.
Compensation for the victims of automobile accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle in violation of the law, they should be held accountable for the injuries and damages they cause. An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving drivers making illegal turns. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed by a left-turning driver?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Tuesday, December 13, 2011
Distracted Drivers Causing Deadly Accidents
Once again, a post-accident investigation has revealed that a tragic, fatal accident was caused by driver distraction. In a multi-fatality accident in Missouri, a 19-year-old pickup truck driver had texted 11 times in the 11 minutes prior to the accident, including one just before the impact. The Associated Press/Yahoo News, has reported a federal investigation into a multiple vehicle accident has revealed the pick-up driver (traveling approximately 55 miles per hour) had texted just prior to driving his vehicle into the back of a tractor truck, setting off a chain collision involving two school buses. The pickup driver and a 15-year-old student aboard one the buses were killed, and 38 more were injured.
See the AP/Yahoo story HERE.
According to the California DMV website, driver distractions are the leading cause of most vehicle crashes and near-crashes. Citing a study released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI), the DMV reported that 80% of crashes and 65% of near-crashes involve some form of driver distraction. The distraction occurred within three seconds before the vehicle crash!
According to the NHTSA and VTTI study, the principal actions that cause distracted driving and lead to vehicle crashes are:
• cell phone use.
• reaching for a moving object inside the vehicle.
• looking at an object or event outside of the vehicle.
• reading.
• applying makeup.
As more and more people purchase smart phones and other similar, electronic devices, it seems a logical inference the number of distraction-related auto accidents will climb. Behind the wheel of a 4 thousand pound vehicle is not the place to try one's hand at multi-tasking. In spite of this, nearly one in a hundred drivers on the road at any one time are texting, e-mailing or otherwise using an electronic device, according the National Highway Safety Administration. How many tragic automobile accidents could be avoided if drivers simply focused on the road while driving?
Compensation for the victims of automobile accidents caused by distracted drivers should be an important concern for all Californians. When a driver operates their vehicle while texting, e-mailing or surfing the web, they should be held accountable for the injuries and damages they cause. An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving distracted drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed by a distracted driver?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the AP/Yahoo story HERE.
According to the California DMV website, driver distractions are the leading cause of most vehicle crashes and near-crashes. Citing a study released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI), the DMV reported that 80% of crashes and 65% of near-crashes involve some form of driver distraction. The distraction occurred within three seconds before the vehicle crash!
According to the NHTSA and VTTI study, the principal actions that cause distracted driving and lead to vehicle crashes are:
• cell phone use.
• reaching for a moving object inside the vehicle.
• looking at an object or event outside of the vehicle.
• reading.
• applying makeup.
As more and more people purchase smart phones and other similar, electronic devices, it seems a logical inference the number of distraction-related auto accidents will climb. Behind the wheel of a 4 thousand pound vehicle is not the place to try one's hand at multi-tasking. In spite of this, nearly one in a hundred drivers on the road at any one time are texting, e-mailing or otherwise using an electronic device, according the National Highway Safety Administration. How many tragic automobile accidents could be avoided if drivers simply focused on the road while driving?
Compensation for the victims of automobile accidents caused by distracted drivers should be an important concern for all Californians. When a driver operates their vehicle while texting, e-mailing or surfing the web, they should be held accountable for the injuries and damages they cause. An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving distracted drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed by a distracted driver?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Monday, December 12, 2011
Pepper Spray Incident at Walmart Could Have Been Avoided
KTLA news is reporting that the woman suspected of perpetrating the pepper spray incident during a Walmart Black Friday sale may have acted out of necessity. According to the story, a Los Angeles Police official is quoted as having said, "There was no control. People were getting stampeded and trampled. There were people screaming, yelling that they were being trampled or crushed. This woman may have fired her pepper spray in self-defense." Initially, media reports and public sentiment seemed to suggest 32 year-old Elizabeth Macias had acted out of malice or a reckless desire to secure an X-Box console during a buying frenzy. This may not have been the case.
See the KTLA news story HERE.
When a business owner creates or at least allows a potentially volatile situation to exist on their property, ultimately causing injury to someone, they may be held liable. Under California law, in general a business owner has a duty to use reasonable care to protect patrons from another person's harmful conduct on the owner's property if the business can reasonably anticipate such conduct. In the case above, it seems a reasonable inference that Walmart could foresee a Black Friday sale of X-Box consoles, if not well controlled, could get out of hand and lead to customer injuries. Beyond this, assuming that store employees actually witnessed the shoppers were getting unruly and acting aggressively toward one another before the release of the pepper spray, then Walmart could be liable for failing to intervene in time to avoid the injuries that followed.
Compensation for the victims of criminal assaults, occurring on business property, should be an important concern for all Californians. When a business patron is injured because protective measures were not taken by a business owner, the owner should be held accountable and compensation paid to the victim. An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been a victim of an assault that could have been prevented?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the KTLA news story HERE.
When a business owner creates or at least allows a potentially volatile situation to exist on their property, ultimately causing injury to someone, they may be held liable. Under California law, in general a business owner has a duty to use reasonable care to protect patrons from another person's harmful conduct on the owner's property if the business can reasonably anticipate such conduct. In the case above, it seems a reasonable inference that Walmart could foresee a Black Friday sale of X-Box consoles, if not well controlled, could get out of hand and lead to customer injuries. Beyond this, assuming that store employees actually witnessed the shoppers were getting unruly and acting aggressively toward one another before the release of the pepper spray, then Walmart could be liable for failing to intervene in time to avoid the injuries that followed.
Compensation for the victims of criminal assaults, occurring on business property, should be an important concern for all Californians. When a business patron is injured because protective measures were not taken by a business owner, the owner should be held accountable and compensation paid to the victim. An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been a victim of an assault that could have been prevented?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Wednesday, December 7, 2011
Fire Captain Sentenced For DUI Accident
Just last Tuesday a Long Beach Fire Department captain was sentenced to time in jail and probation after pleading guilty to severely injuring a bicyclist while driving intoxicated. According to a story in the Los Angeles Times, John David Hines of Orange County (Huntington Beach) was driving with a blood-alcohol level three times the legal limit when the accident happened. In addition to the one year in jail and the five years of probation, Hines was ordered to pay restitution in the amount of $102,000.00 to the victim. The incident happened on April 1st after Hines became intoxicated at the Schooner or Later restaurant in Long Beach before driving erratically, losing control and crashing into a 47 year-old cyclist in Orange County.
See the Los Angeles Times story HERE.
It only takes a moment for a drunk driver to take a life or alter one forever. The victim in the crash above, Jeffrey Gordon, was treated for head trauma, severe lacerations and bruising to his head and body, internal injuries, and spinal and vertebrae injuries. Gordon remained in the hospital for two weeks and continues to suffer pain as a result of his injuries. Gordon apparently filed a victim impact statement, with the court in which he describes the severity of his injuries and the changes in his life since the accident. In addition to the ordered restitution, Gordon has civil remedies at his disposal which may allow him to recover at least some semblance of compensation for the devastation to his life.
Compensation for the victims of drunk driving accidents should be an important concern for all Californians. When a driver operates their vehicle while under the influence and causes a serious or fatal accident, they should be held accountable. An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years years of experience handling Orange County automobile accident cases, including those involving intoxicated drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been severely injured by a drunk driver?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the Los Angeles Times story HERE.
It only takes a moment for a drunk driver to take a life or alter one forever. The victim in the crash above, Jeffrey Gordon, was treated for head trauma, severe lacerations and bruising to his head and body, internal injuries, and spinal and vertebrae injuries. Gordon remained in the hospital for two weeks and continues to suffer pain as a result of his injuries. Gordon apparently filed a victim impact statement, with the court in which he describes the severity of his injuries and the changes in his life since the accident. In addition to the ordered restitution, Gordon has civil remedies at his disposal which may allow him to recover at least some semblance of compensation for the devastation to his life.
Compensation for the victims of drunk driving accidents should be an important concern for all Californians. When a driver operates their vehicle while under the influence and causes a serious or fatal accident, they should be held accountable. An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years years of experience handling Orange County automobile accident cases, including those involving intoxicated drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been severely injured by a drunk driver?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Monday, December 5, 2011
Urgent Care Doctor Accused of Molesting Patients
According to a recent KTLA news story, an urgent care doctor at Loma Linda University Faculty Medical Group has been arrested and now stands accused of sexually molesting a number of his female patients. The doctor, Ramon Fawzi Fakhoury, 35, has only been in practice in California since 2003. The alleged assaults reportedly took place in June and July of this year. One of the alleged victims is a 32-year-old woman who was treated by Fakhoury for chest pain in July. Two days after she was seen, the alleged victim reported to police that Fakhoury sexually assaulted her during the exam. Fakhoury is now facing eight felony charges, and the Attorney General's office has filed a formal Accusation against him with the California Medical Board, claiming professional misconduct involving at least four patients. Authorities say there may be additional victims.
See the KTLA news story HERE. You can also review the documents filed with the Medical Board HERE.
The information on the Medical Board's website indicates Fakhoury is a graduate of a Caribbean medical school who has only been licensed as a physician for eight years. It does not appear he had any history of discipline as of the time he reportedly molested at least four patients while working at the Loma Linda urgent care facility. However, it is unknown what history of similar incidents may have been reported to other employers or medical groups with whom Fakhoury worked in the past. According to the Medical Board's investigation, Fakhoury only worked at the Loma Linda urgent care for two months, between June and July of this year. The Medical Board's website lists Fakhoury as practicing in family medicine, with no apparent board certification. Assuming the truth of the allegations against him, Fakhoury could be facing considerable civil and criminal responsibility for the sexual assaults. It remains to be seen whether Loma Linda University was negligent in hiring, training and/or supervising Fakhoury so as to cause or contribute to the happening of these incidents.
Compensation for victims of sexual assault perpetrated by a physician should be an important concern for all Californians. When a doctor molests a patient and causes them physical and/or emotion harm, they should be held accountable. An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been the victim of a sexual assault at the hands of a doctor?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the KTLA news story HERE. You can also review the documents filed with the Medical Board HERE.
The information on the Medical Board's website indicates Fakhoury is a graduate of a Caribbean medical school who has only been licensed as a physician for eight years. It does not appear he had any history of discipline as of the time he reportedly molested at least four patients while working at the Loma Linda urgent care facility. However, it is unknown what history of similar incidents may have been reported to other employers or medical groups with whom Fakhoury worked in the past. According to the Medical Board's investigation, Fakhoury only worked at the Loma Linda urgent care for two months, between June and July of this year. The Medical Board's website lists Fakhoury as practicing in family medicine, with no apparent board certification. Assuming the truth of the allegations against him, Fakhoury could be facing considerable civil and criminal responsibility for the sexual assaults. It remains to be seen whether Loma Linda University was negligent in hiring, training and/or supervising Fakhoury so as to cause or contribute to the happening of these incidents.
Compensation for victims of sexual assault perpetrated by a physician should be an important concern for all Californians. When a doctor molests a patient and causes them physical and/or emotion harm, they should be held accountable. An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been the victim of a sexual assault at the hands of a doctor?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Saturday, November 26, 2011
Safeway Security Stops and Interrogates 4 Year-Old Girl
According to an ABC news report, a Safeway security guard was fired after interrogating a 4-year-old girl for alleged shoplifting after he saw her eat from a bag of apricots and put the bag back on the shelf. The little girl’s father apparently hadn’t noticed what his daughter had done and was quite surprised when he and his daughter were stopped by security after leaving the Safeway in Everett, Washington. After the initial stop, the guard then interrogated Savannah Harp about the alleged theft. The girl’s mother, Alissa Jones, reported that the guard told Harp’s father that the girl was banned from the store and that Safeway would be pressing charges. Savannah, who can’t read or write yet, was forced to scribble on the piece of paper, presumably an acknowledgement of her wrongdoing. Generally, anyone under the age of 14 is presumed incapable of committing a crime because they cannot appreciate the wrongfulness of their conduct.
Safeway officials were apparently outraged over the guard’s treatment of the little girl and issued a formal apology to her family.
See the ABC news story HERE.
Had the incident above occurred here in California, there is little doubt Safeway and/or their guard would be held liable for false imprisonment and a whole host of other torts. Even though California law provides a retailer and their agent (the security guard) with a probable cause defense in situations similar to this, it would appear to have little to application to the facts here. In order for the privilege to apply (and a defense to a civil claim to follow), the store security guard must have "probable cause" to believe the person to be detained has "unlawfully" taken or has attempted to unlawfully take merchandise from the store's premises. Observation of a 4 year-old girl eating from a bag of apricots would hardly seem to meet that standard since the guard would have to reasonably believe the 4 year-old intended to steal or unlawfully deprive the store of their property, the apricots. Since the so-called "merchant's privilege" would appear to have no application, the merchant and their agent would likely be civilly liable for any emotional injuries and economic damages sustained. Since Safeway seems to have at least taken the right approach after the incident came to light, they may have spared themselves from the potential for a punitive damages award.
Compensation for the victims of store security misconduct should be an important concern for all Californians. When an innocent patron is apprehended and then detained by security, without adequate cause, the retailer should be held accountable and compensation paid to the victim. An Orange County false arrest lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you been a victim of an unlawful arrrest or detention by store security?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Safeway officials were apparently outraged over the guard’s treatment of the little girl and issued a formal apology to her family.
See the ABC news story HERE.
Had the incident above occurred here in California, there is little doubt Safeway and/or their guard would be held liable for false imprisonment and a whole host of other torts. Even though California law provides a retailer and their agent (the security guard) with a probable cause defense in situations similar to this, it would appear to have little to application to the facts here. In order for the privilege to apply (and a defense to a civil claim to follow), the store security guard must have "probable cause" to believe the person to be detained has "unlawfully" taken or has attempted to unlawfully take merchandise from the store's premises. Observation of a 4 year-old girl eating from a bag of apricots would hardly seem to meet that standard since the guard would have to reasonably believe the 4 year-old intended to steal or unlawfully deprive the store of their property, the apricots. Since the so-called "merchant's privilege" would appear to have no application, the merchant and their agent would likely be civilly liable for any emotional injuries and economic damages sustained. Since Safeway seems to have at least taken the right approach after the incident came to light, they may have spared themselves from the potential for a punitive damages award.
Compensation for the victims of store security misconduct should be an important concern for all Californians. When an innocent patron is apprehended and then detained by security, without adequate cause, the retailer should be held accountable and compensation paid to the victim. An Orange County false arrest lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you been a victim of an unlawful arrrest or detention by store security?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Friday, November 25, 2011
Buttock Surgery Performed By Unlicensed "Doctor"
An incredible story of malpractice has been reported out of Miami, Florida. A number of alleged victims have come forward alleging a woman posing as a doctor and promising buttocks enhancement pumped their behinds with a toxic concoction of cement, superglue and flat-tire sealant. According to a report by the Associated Press, the "doctor", identified as Oneal Ron Morris (who police say was born a man and identifies as a woman) was arrested last week after nearly a year of being sought and charged with practicing medicine without a license, causing serious bodily injury. One victim, who was reportedly looking to get a job at a nightclub and wanted a curvier figure, paid Morris $700 for the injections in 2010. Morris allegedly used some type of tubing and inserted the toxic chemicals into her backside during a painful procedure. This resulted in hospitalization and extensive home health care, according to the AP report. Other alleged victims have also suffered serious injuries.
See the Yahoo news/Assoiated Press story HERE.
What the story above demonstrates is that many people looking to have cosmetic surgery turn to those health care providers offering the least expensive treatment. Not only can this prove embarrassing but also potentially deadly. A patient looking to have any type of cosmetic procedure should first at least do some investigation regarding the qualifications of the doctor selected. One of the easiest ways to do this in California is to check with the Medical Board to see if the doctor is licensed and/or board certified in a relevant specialty, such as plastic surgery. Also, the Board's website contains information regarding any prior discipline. Second, in some counties (such as the County of Orange) anyone can examine the Superior Court website to see if the doctor has been sued and, if so, for what reason and when. It should be remembered that the filing of a lawsuit in and of itself does not prove anything as some malpractice suits are filed by the patient simply because they have experienced a less than optimal result. In addition to this, a potential patient can simply "Google" the doctor's name to see what reviews, if any, have been given by former patients. Doing all of these things may spare a potential patient embarrassment, serious injuries or even death.
Compensation for victims of medical malpractice committed by unqualified cosmetic surgeons should be an important concern for all Californians. When a physician without the necessary credentials and training harms a patient, they should be held accountable. An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been the victim of a cosmetic surgery nightmare?
- Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Sunday, November 20, 2011
Multi-Vehicle Crash in La Habra Leaves One Dead
According to media reports, a four-vehicle crash on Saturday night in La Habra has left one person dead and two suspects under arrest for felony hit-and-run. The collision reportedly occurred at about 5:30 p.m. at the intersection of Cypress Street and Lambert Road. The victim has been identified as 20-year-old, Joseph Quezada, who was transported from the scene to UCI Medical Center where he died from his injuries. The accident involved a white Toyota 4-Runner, a black Nissan Xterra, a U-Haul truck and a blue Hyundai Accent that Quezada was driving. The Orange County Register has reported that the driver and passenger of the U-Haul truck ran from the scene and were later caught by police officers.
Richard Ambriz, 18, of Santa Fe Springs and Dustin Lish, 19 of La Habra, were arrested on suspicion of felony hit-and-run. The La Habra Police Department is still investigating the cause of the crash, and anyone who may have witnessed the accident is encouraged to call 562-905-9760.
See the Orange County Register story HERE.
While the precise cause of this tragic crash is a mystery, those running from the scene have demonstrated what is generally regarded as "consciousness of guilt". The flight of a person immediately after the commission of a crime, or after he is accused of a crime, is not sufficient in itself to establish his guilt, but is a fact which, if proved, may be considered by the jury in the light of all other proved facts in deciding whether a defendant is guilty or not guilty. The weight to which this circumstance is entitled is a matter for the jury to decide. In short, when a driver flees the scene of an accident an inference may be drawn that they were responsible for causing the accident and the injuries or death that resulted. In the case above, the police will have to reconstruct the accident based on witness statements, skid marks, post-accident debris, points of rest of the vehicles and metal deformation of the vehicles. This will enable them to determine speed, direction of travel, evasive action (if any) and whether a particular driver may have violated another driver's right of way. On top of this reconstruction evidence, there will be the inferential evidence of flight, which should allow the police to assign responsibility for the accident and Quezada's death.
Compensation for the victims of automobile accidents caused by hit-and-run drivers should be an important concern for all Californians. When a driver operates their vehicle in a negligent or reckless manner so as to cause a serious or fatal accident, they should be held accountable. An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in a motor vehicle accident caused by a negligent, hit-and-run driver?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Richard Ambriz, 18, of Santa Fe Springs and Dustin Lish, 19 of La Habra, were arrested on suspicion of felony hit-and-run. The La Habra Police Department is still investigating the cause of the crash, and anyone who may have witnessed the accident is encouraged to call 562-905-9760.
See the Orange County Register story HERE.
While the precise cause of this tragic crash is a mystery, those running from the scene have demonstrated what is generally regarded as "consciousness of guilt". The flight of a person immediately after the commission of a crime, or after he is accused of a crime, is not sufficient in itself to establish his guilt, but is a fact which, if proved, may be considered by the jury in the light of all other proved facts in deciding whether a defendant is guilty or not guilty. The weight to which this circumstance is entitled is a matter for the jury to decide. In short, when a driver flees the scene of an accident an inference may be drawn that they were responsible for causing the accident and the injuries or death that resulted. In the case above, the police will have to reconstruct the accident based on witness statements, skid marks, post-accident debris, points of rest of the vehicles and metal deformation of the vehicles. This will enable them to determine speed, direction of travel, evasive action (if any) and whether a particular driver may have violated another driver's right of way. On top of this reconstruction evidence, there will be the inferential evidence of flight, which should allow the police to assign responsibility for the accident and Quezada's death.
Compensation for the victims of automobile accidents caused by hit-and-run drivers should be an important concern for all Californians. When a driver operates their vehicle in a negligent or reckless manner so as to cause a serious or fatal accident, they should be held accountable. An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in a motor vehicle accident caused by a negligent, hit-and-run driver?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Thursday, November 17, 2011
Have You Been A Victim of Plastic Surgery Malpractice?
The number of people having plastic surgery each year has grown steadily since statistics for these procedures were first compiled. For example, almost 9.5 million cosmetic surgical and nonsurgical procedures were performed in the United States in 2010. The most frequently performed surgical procedure was breast augmentation and the most popular nonsurgical procedure was injections of Botulinum Toxin Type A (including Botox and Dysport). The top five surgical procedures were:
Not too surprisingly, many physicians performing cosmetic procedures are not especially qualified and often perform surgery outside their area of expertise. In the simplest of terms, the demand for these procedures is high and a great deal of money can be made by a single physician. Consequently, it is not uncommon for a physician to perform cosmetic surgical procedures even though the doctor is not a board certified plastic surgeon with the requisite training and experience. Doctors who don't possess the necessary training and experience (and even some who do) can leave their patients with unacceptable and sometimes horrific results. So, how do you know when you have been a victim of plastic surgery malpractice?
The first thing to keep in mind as a patient who has undergone a cosmetic procedure is that a sub-optimal result is not always a product of malpractice. Sometimes the poor results obtained, even though unexpected, would have occurred even in the best of surgical hands. What generally determines whether the result was the product of medical malpractice is the opinion of a second, neutral physician. If you have had a cosmetic procedure, and the result is unacceptable to you, seek consultation with a board certified plastic surgeon. While it is true that physicians do not relish the idea of criticizing another doctor's work, sometimes a consulting physician will offer to repair or revise the earlier work, which is generally a sign something may have occurred that reflects poor medical practice. If you then suspect you have been a victim of plastic surgery malpractice, you should consult a medical malpractice lawyer to discuss your options and the potential for compensation.
When a physician without the necessary credentials and training commits plastic surgery malpractice, they should be held accountable. An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury and medical malpractice cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been the victim of plastic surgery malpractice?
This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
- Breast Augmentation (318,123)
- Liposuction (289,016)
- Eyelid surgery (152,123)
- Abdominoplasty (144,929)
- Breast Reduction (138,152)
Not too surprisingly, many physicians performing cosmetic procedures are not especially qualified and often perform surgery outside their area of expertise. In the simplest of terms, the demand for these procedures is high and a great deal of money can be made by a single physician. Consequently, it is not uncommon for a physician to perform cosmetic surgical procedures even though the doctor is not a board certified plastic surgeon with the requisite training and experience. Doctors who don't possess the necessary training and experience (and even some who do) can leave their patients with unacceptable and sometimes horrific results. So, how do you know when you have been a victim of plastic surgery malpractice?
The first thing to keep in mind as a patient who has undergone a cosmetic procedure is that a sub-optimal result is not always a product of malpractice. Sometimes the poor results obtained, even though unexpected, would have occurred even in the best of surgical hands. What generally determines whether the result was the product of medical malpractice is the opinion of a second, neutral physician. If you have had a cosmetic procedure, and the result is unacceptable to you, seek consultation with a board certified plastic surgeon. While it is true that physicians do not relish the idea of criticizing another doctor's work, sometimes a consulting physician will offer to repair or revise the earlier work, which is generally a sign something may have occurred that reflects poor medical practice. If you then suspect you have been a victim of plastic surgery malpractice, you should consult a medical malpractice lawyer to discuss your options and the potential for compensation.
When a physician without the necessary credentials and training commits plastic surgery malpractice, they should be held accountable. An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury and medical malpractice cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been the victim of plastic surgery malpractice?
This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Monday, November 14, 2011
Bus Versus Bicycle Accident in Laguna Hills Proves Fatal
A 35-year-old bicyclist was killed on Saturday evening in a tragic accident with an Orange County Transportation Authority bus. The victim, 35 year-old Romeo Jimenez-Zavaleta, was pronounced dead just after 6 p.m. at Mission Hospital Regional Medical Center, according to an article in the Orange County Register, Citing official sources, the Register reported the collision occurred at the intersection of Paseo de Valencia and Alicia Parkway in the City of Laguna Hills. Jimeniz-Zavaleta was apparently riding his bike across Alicia Parkway when he was hit by the bus making a right turn from Valencia.
See the Orange County Register article HERE.
Tragic accidents like the one above are unfortunately all too common. When a bicyclist and a motor vehicle collide, the consequences are often profound and serious injuries are almost inescapable. This is particularly true when the motor vehicle is a bus. From a Google maps view of the intersection, there does not appear to be anything particularly unusual about the intersection configuration or the view a southbound, right-turning driver would have from Valencia to Alicia Parkway. With regard to responsibility for the accident, it will have to be determined whether the bus driver turned on a red or a green light and whether Jimeniz-Zavaleta could be seen in advance of the driver executing the turn. While it would appear the bicyclist was perhaps riding on the wrong side of the street for his direction of travel, this would not excuse the bus driver from observing the potential for an accident and taking steps to avoid it.
Compensation for victims of automobile versus bicycle collisions, caused by a negligent driver, should be an important concern for all Californians. When a driver operates their vehicle in an unlawful or reckless manner and causes a serious or fatal accident, they should be held accountable. An Orange County bicycle accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has over 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in an automobile versus bicycle collision caused by another’s unlawful or negligent driving?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the Orange County Register article HERE.
Tragic accidents like the one above are unfortunately all too common. When a bicyclist and a motor vehicle collide, the consequences are often profound and serious injuries are almost inescapable. This is particularly true when the motor vehicle is a bus. From a Google maps view of the intersection, there does not appear to be anything particularly unusual about the intersection configuration or the view a southbound, right-turning driver would have from Valencia to Alicia Parkway. With regard to responsibility for the accident, it will have to be determined whether the bus driver turned on a red or a green light and whether Jimeniz-Zavaleta could be seen in advance of the driver executing the turn. While it would appear the bicyclist was perhaps riding on the wrong side of the street for his direction of travel, this would not excuse the bus driver from observing the potential for an accident and taking steps to avoid it.
Compensation for victims of automobile versus bicycle collisions, caused by a negligent driver, should be an important concern for all Californians. When a driver operates their vehicle in an unlawful or reckless manner and causes a serious or fatal accident, they should be held accountable. An Orange County bicycle accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has over 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in an automobile versus bicycle collision caused by another’s unlawful or negligent driving?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Tuesday, November 8, 2011
Covina Accident Leaves Girl With Fatal Injuries
A tragic automobile accident in Covina early Monday morning has left a teenage girl dead from the injuries she sustained. According to a news report by KTLA, one of two young girls hospitalized after they were hit by a car near Gladstone High School succumbed to her injuries while at County USC Medical Center. The accident happened at 6:44 a.m. at Lark Ellen Avenue and Tudor Street, an intersection some residents say needs a traffic light. The girls, about 14 years old, were apparently struck while in a crosswalk on Lark Ellen by a 2007 Honda Civic traveling at about 30 miles per hour southbound on the street. The other young girl is still in critical condition.
See the KTLA news story HERE.
From a Google maps view of the intersection, it appears the roadway is relatively flat and the view of drivers unobstructed on Lark Ellen. However, there is no traffic light on any of the four corners, and it looks as though vehicles could reach a relatively high rate of speed while traveling through that intersection. In addition to the lack of a traffic control signal, there is most likely an element of driver inattention in this case. Depending on the precise area of impact, it is hard to imagine the girls could not be seen in the crosswalk for some distance prior to the point of impact. Assuming the Honda was traveling 30 miles per hour, there should have been ample time to see two pedestrians and avoid a collision, particularly when those pedestrians would have been visible from more than one hundred feet away, given the roadway is straight and flat. At just one hundred feet, a driver traveling at 30 miles per hour has more than 2 full seconds to perceive the potential collision and react to avoid it.
Compensation for the victims of automobile accidents caused by careless drivers and/or dangerous roadways should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause or contribute to the happening of a serious or fatal accident, they should be held accountable. Likewise, when a dangerous roadway contributes to the occurrence of a motor vehicle accident, the public entity should be held accountable. An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in a motor vehicle accident caused by a negligent driver and/or a dangerous roadway?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the KTLA news story HERE.
From a Google maps view of the intersection, it appears the roadway is relatively flat and the view of drivers unobstructed on Lark Ellen. However, there is no traffic light on any of the four corners, and it looks as though vehicles could reach a relatively high rate of speed while traveling through that intersection. In addition to the lack of a traffic control signal, there is most likely an element of driver inattention in this case. Depending on the precise area of impact, it is hard to imagine the girls could not be seen in the crosswalk for some distance prior to the point of impact. Assuming the Honda was traveling 30 miles per hour, there should have been ample time to see two pedestrians and avoid a collision, particularly when those pedestrians would have been visible from more than one hundred feet away, given the roadway is straight and flat. At just one hundred feet, a driver traveling at 30 miles per hour has more than 2 full seconds to perceive the potential collision and react to avoid it.
Compensation for the victims of automobile accidents caused by careless drivers and/or dangerous roadways should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause or contribute to the happening of a serious or fatal accident, they should be held accountable. Likewise, when a dangerous roadway contributes to the occurrence of a motor vehicle accident, the public entity should be held accountable. An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in a motor vehicle accident caused by a negligent driver and/or a dangerous roadway?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Saturday, November 5, 2011
Elderly Passenger Killed in Huntington Beach Accident
A two-vehicle collision that occurred this morning in Huntington Beach has unfortunately left an 82 year-old woman dead. The victim, who was a passenger in a 2002 Honda driven by an 86 year-old male, was identified as 82-year-old Esther F. Kumasaka, a Huntington Beach resident. According to a news story in the Orange County Register, Kumasaka died at the scene of the crash, which occurred about 9:38 a.m. at Bushard Street and Adams Avenue. The driver of the Honda was injured and transported to UCI Medical Center with unknown injuries. The driver of the other vehicle involved, a 2011 Jeep, was identified as a 33 year-old female. She was treated at the scene and released.
See the Orange County Register article HERE.
The general location of the accident above was also the scene of a fatal, five-car crash on October. While the intersection is controlled by traffic lights, there could be issues with sight-distance that might contribute to the happening of accidents. For example, there are block wall fences very near the intersection which might interfere with a driver's ability to see vehicles coming from around corners or on perpendicular streets. Additionally, it is possible that the traffic light configuration(especially if there is a flashing yellow arrow) could contribute to driver confusion and the occurrence of an accident. A complete accident reconstruction would aid in determining the precise cause of the Kumasaka accident, and it should be performed by the Huntington Beach Police Department.
Compensation for the victims of automobile accidents caused by careless drivers and/or dangerous roadways should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause a serious or fatal accident, they should be held accountable. Likewise, when a dangerous roadway contributes to the happening of a motor vehicle accident, the public entity should be held accountable. An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in a motor vehicle accident caused by a negligent driver and/or a dangerous roadway?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the Orange County Register article HERE.
The general location of the accident above was also the scene of a fatal, five-car crash on October. While the intersection is controlled by traffic lights, there could be issues with sight-distance that might contribute to the happening of accidents. For example, there are block wall fences very near the intersection which might interfere with a driver's ability to see vehicles coming from around corners or on perpendicular streets. Additionally, it is possible that the traffic light configuration(especially if there is a flashing yellow arrow) could contribute to driver confusion and the occurrence of an accident. A complete accident reconstruction would aid in determining the precise cause of the Kumasaka accident, and it should be performed by the Huntington Beach Police Department.
Compensation for the victims of automobile accidents caused by careless drivers and/or dangerous roadways should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause a serious or fatal accident, they should be held accountable. Likewise, when a dangerous roadway contributes to the happening of a motor vehicle accident, the public entity should be held accountable. An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in a motor vehicle accident caused by a negligent driver and/or a dangerous roadway?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Tuesday, November 1, 2011
Pregnant Mom and Husband Arrested for Shoplifting Sandwiches
Last Wednesday, a 28 year-old, pregnant mother, Nicole Leszczynski, and her husband, Marcin, were arrested at a Safeway store in Honolulu for shoplifting when they forgot to pay for two sandwiches they ate while shopping. To make matters even worse, because their 2 year-old daughter was with the couple when the incident occurred, she was taken away from her family and into state custody. The Leszcynski family had only recently moved to Hawaii from California when the now nationally publicized incident occurred. Nicole and Marcin were handcuffed, taken to the police station and released only after paying their bail and being held for several hours.
See the AP/Yahoo News story HERE.
In California, and in Hawaii, the crime of theft or shoplifting requires that the actor intend to permanently deprive the owner of their property. In the case above, assuming that the Leszczynskis intended to pay for the sandwiches but simply forgot the wrappers in the cart at the check-out line, there was no crime. In that scenario, their intent was not to deprive Safeway of their property. Their actions in eating the sandwiches openly while shopping would seem to suggest they were not intending to conceal a crime. Instead, their condcut would be consistent with an honest mistake, a lapse of memory. Under the law, generally there must be a nexus between the act required to commit a crime and the intent to do so.
While it would appear there may not have been a crime committed, the store security involved in the Leszczynskis' apprehension was likely entitled under the law to detain the couple. However, under the law in Hawaii, just like California, the store owner or their agent is only permitted to detain someone for a reasonable length of time to conduct an investigation, the so-called "merchant's privilege.". Once it is determined no crime has been committed, however, the person or persons detained should not be formally arrested and charged with a crime. In California, if the store agent goes beyond the limits of the merchant's privilege and prosecutes a patron unlawfully, the store can be held liable for false arrest and perhaps a host of other civil wrongs.
Compensation for the victims of store security misconduct should be an important concern for all Californians. When an innocent patron is apprehended and then arrested by security, without adequate cause, the retailer should be held accountable and compensation paid to the victim. An Orange County false arrest attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you been a victim of an unlawful arrrest or detention by store security?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the AP/Yahoo News story HERE.
In California, and in Hawaii, the crime of theft or shoplifting requires that the actor intend to permanently deprive the owner of their property. In the case above, assuming that the Leszczynskis intended to pay for the sandwiches but simply forgot the wrappers in the cart at the check-out line, there was no crime. In that scenario, their intent was not to deprive Safeway of their property. Their actions in eating the sandwiches openly while shopping would seem to suggest they were not intending to conceal a crime. Instead, their condcut would be consistent with an honest mistake, a lapse of memory. Under the law, generally there must be a nexus between the act required to commit a crime and the intent to do so.
While it would appear there may not have been a crime committed, the store security involved in the Leszczynskis' apprehension was likely entitled under the law to detain the couple. However, under the law in Hawaii, just like California, the store owner or their agent is only permitted to detain someone for a reasonable length of time to conduct an investigation, the so-called "merchant's privilege.". Once it is determined no crime has been committed, however, the person or persons detained should not be formally arrested and charged with a crime. In California, if the store agent goes beyond the limits of the merchant's privilege and prosecutes a patron unlawfully, the store can be held liable for false arrest and perhaps a host of other civil wrongs.
Compensation for the victims of store security misconduct should be an important concern for all Californians. When an innocent patron is apprehended and then arrested by security, without adequate cause, the retailer should be held accountable and compensation paid to the victim. An Orange County false arrest attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you been a victim of an unlawful arrrest or detention by store security?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Monday, October 31, 2011
Assault Outside Playhouse Hollywood Leaves Victim Critically Injured
Early Saturday morning a 27 year-old man was beaten and stabbed outside a Hollywood nightclub, leaving the victim in critical condition. According to a KTLA news report, the fight occurred at about 1:30 a.m. outside the Playhouse Hollywood nightclub on Hollywood Boulevard near Wilcox Avenue. A graphic YouTube video has surfaced showing the melee in the middle of the street.
The victim was knocked to the he ground and beaten until he was unconscious. Citing police sources, KTLA has reported the man was also stabbed during the incident. A 19 year-old suspect has been arrested and reportedly charged with attempted murder.
See the KTLA story and video HERE.
Under California law, a business owner (such as those who own Playhouse Hollywood) has a duty to ensure that their patrons are provided a reasonably safe environment when coming onto the property. In general, one in control of property has a duty to use reasonable care to protect guests from another person's harmful conduct on their property if the owner can reasonably anticipate such conduct. When large crowds form in or outside a business, and those in the crowd are known to have been drinking, a business owner is generally required to provide at least some sort of protection for their patrons. Perhaps more importantly, when a business owner is aware fights are braking out on or just outside their property (involving their patrons) they are generally responsible for taking reasonable, prompt steps to intervene. A failure to fulfill such a duty is negligence and may result in liability being found against the business for any resulting harm.
Compensation for the victims of criminal assaults, occurring inside or just outside a business, should be an important concern for all Californians. When a business patron is beaten because protective measures were not taken by a business owner, the business should be held accountable and compensation paid to the victim or the victim's family. An Orange County premises liability attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been a victim of an assault occurring on or near a business establishment?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
The victim was knocked to the he ground and beaten until he was unconscious. Citing police sources, KTLA has reported the man was also stabbed during the incident. A 19 year-old suspect has been arrested and reportedly charged with attempted murder.
See the KTLA story and video HERE.
Under California law, a business owner (such as those who own Playhouse Hollywood) has a duty to ensure that their patrons are provided a reasonably safe environment when coming onto the property. In general, one in control of property has a duty to use reasonable care to protect guests from another person's harmful conduct on their property if the owner can reasonably anticipate such conduct. When large crowds form in or outside a business, and those in the crowd are known to have been drinking, a business owner is generally required to provide at least some sort of protection for their patrons. Perhaps more importantly, when a business owner is aware fights are braking out on or just outside their property (involving their patrons) they are generally responsible for taking reasonable, prompt steps to intervene. A failure to fulfill such a duty is negligence and may result in liability being found against the business for any resulting harm.
Compensation for the victims of criminal assaults, occurring inside or just outside a business, should be an important concern for all Californians. When a business patron is beaten because protective measures were not taken by a business owner, the business should be held accountable and compensation paid to the victim or the victim's family. An Orange County premises liability attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been a victim of an assault occurring on or near a business establishment?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Tuesday, October 25, 2011
Fontana Accident Kills Four Teens
On Sunday at about 1:00 a.m., a horrific, solo car accident in Fontana resulted in the deaths of four teenagers. According to a story published in the Press Enterprise, the four victims (including two sisters, ages 16 and 18) were riding in a Chrysler Sebring when the driver apparently lost control and struck a train trestle at Foothill Boulevard and Lime Street . All four of the teens were residents of Fontana. The Chrysler caught fire as a result of the impact. The Fontana Police Department is still investigating the accident.
See the Press Enterprise story HERE.
From a Google maps aerial view of the crash site, it appears the area is relatively straight and flat. However, Foothill Boulevard does go downhill as it passes under a bike trail and the train trestle. It is not known what caused the driver of the Chrysler to lose control, but speed is often a contributing factor in crashes like this. Additionally, when a downhill is combined with an already high speed, the result may be a loss of control, as gravity and inertia affect a driver's ability to steer their vehicle. It is highly likely, given the tragic nature of this accident, that the Fontana Police Department will undertake a complete accident reconstruction to determine the most likely cause.
Compensation for the victims of automobile accidents caused by a careless driver should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause a serious or fatal accident, they should be held accountable. An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in an Orange County motor vehicle accident?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the Press Enterprise story HERE.
From a Google maps aerial view of the crash site, it appears the area is relatively straight and flat. However, Foothill Boulevard does go downhill as it passes under a bike trail and the train trestle. It is not known what caused the driver of the Chrysler to lose control, but speed is often a contributing factor in crashes like this. Additionally, when a downhill is combined with an already high speed, the result may be a loss of control, as gravity and inertia affect a driver's ability to steer their vehicle. It is highly likely, given the tragic nature of this accident, that the Fontana Police Department will undertake a complete accident reconstruction to determine the most likely cause.
Compensation for the victims of automobile accidents caused by a careless driver should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause a serious or fatal accident, they should be held accountable. An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in an Orange County motor vehicle accident?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Friday, October 14, 2011
Former Fire Chief Attacked By Pit Bulls
Early Monday morning a former fire chief with the City of Compton was attacked by two vicious pit bulls while he was out for his walk in Glendora. The former chief, 67-year-old Milford Fonza, had been out for his usual morninig walk when the dogs attacked. He tried to defend himself with his walking stick, but it broke during the attack. A Glendora police officer on routine patrol heard Fonza's screams for help. Using his patrol car, the officer intentionally ran into one of the dogs, but still had to shoot the other pit bull to stop the attack. That dog died of its wounds, and the dog that had been run over was taken from the scene for medical treatment. According to the KTLA news story, it is unclear if the owner of the dogs has been identified. The police officer, Matt Fenner, and Fonza have since reunited to talk about this life threatening incident, and the officers heroic actions.
See the KTLA news story, photos and video HERE.
There can be little doubt the owner or owners of theses vicious pit bulls would be civilly liable for the injuries and damages sustained by Fonza during the attack. From the news report, it appears he suffered a number of bites, puncture wounds and either a broken or dislocated shoulder, injuries from which an elderly victim will not soon recover. All of this tragic event could have been avoided if the owner(s) of the dogs had just kept them under their control. Under California law, a dog owner is strictly liable when their animal attacks and bites a victim, regardless of whether the dog has any known propensity to attack. This is true whether the attack happens on the dog owner's property or in a public place. The only defenses in situations like the one here generally have to do with whether or not the victim did something to provoke the attack or assumed the risk of injury in some fashion, neither of which appear to have occurred here.
Compensation for the victims of vicious dog attacks should be an important concern for all Californians. When an innocent victim is attacked and seriously injured or killed, the dog’s owner should be held accountable for all of the injuries and damages suffered. An Orange County dog bite lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been a victim of a dog attack?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the KTLA news story, photos and video HERE.
There can be little doubt the owner or owners of theses vicious pit bulls would be civilly liable for the injuries and damages sustained by Fonza during the attack. From the news report, it appears he suffered a number of bites, puncture wounds and either a broken or dislocated shoulder, injuries from which an elderly victim will not soon recover. All of this tragic event could have been avoided if the owner(s) of the dogs had just kept them under their control. Under California law, a dog owner is strictly liable when their animal attacks and bites a victim, regardless of whether the dog has any known propensity to attack. This is true whether the attack happens on the dog owner's property or in a public place. The only defenses in situations like the one here generally have to do with whether or not the victim did something to provoke the attack or assumed the risk of injury in some fashion, neither of which appear to have occurred here.
Compensation for the victims of vicious dog attacks should be an important concern for all Californians. When an innocent victim is attacked and seriously injured or killed, the dog’s owner should be held accountable for all of the injuries and damages suffered. An Orange County dog bite lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been a victim of a dog attack?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Tuesday, October 11, 2011
Huntington Beach Auto Accident Injures Five
Five people were injured in an apparent DUI-related crash early this morning. According to a report by the Orange County Register, Huntington Beach police were summoned at about 1:30 a.m. because of a traffic collision with injuries on Beach Boulevard near Newman Avenue. According to the news report, citing the preliminary investigation, the driver of a Toyota Camry, identified as Forrest Leland Kelly, 22, was traveling north on Beach Boulevard when he broadsided a Dodge Durango going the opposite direction. The driver of the Dodge, identified as 28-year-old Thomas William Barrett, of Costa Mesa, had three passengers inside and was preparing to make a U-turn at Newman Avenue when the collision occurred. The impact was severe and caused the Dodge to overturn in the roadway. Paramedics transported the five people with injuries, including Kelly, to local hospitals, where they were all listed in stable condition.
Kelly, from Huntington Beach, later was arrested on suspicion of DUI, police said. According to a check of the Orange County Superior Court website, Kelly has a history of traffic and alcohol related priors, including a pending public intoxication charge. Anyone with information regarding the accident is urged to call the H.B. Police Department's traffic bureau at 714-536-5666.
See the Orange County Register article HERE.
It remains to be seen how badly those in the Dodge were injured and exactly what charges may be brought against Kelly. Assuming the preliminary report is correct and he was driving while intoxicated, Kelly could be charged with a felony. Aside from his criminal reponsibility, Kelly may be liable for the injuries sustained by the occupants of the Dodge that overturned in the accident. If it is proven Kelly was driving while intoxicated, and that accounted for the collision, he could be responsible for not only compensatory damages (pain, suffering, medical expenses, lost wages, etc.), but punitive damages as well.
Compensation for the victims of automobile accidents caused by a drunk driver should be an important concern for all Californians. When a driver operates their vehicle while under the influence and causes a serious or fatal accident, they should be held accountable. An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years years of experience handling Orange County automobile accident cases, including those involving intoxicated drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in an Orange County motor vehicle accident?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Kelly, from Huntington Beach, later was arrested on suspicion of DUI, police said. According to a check of the Orange County Superior Court website, Kelly has a history of traffic and alcohol related priors, including a pending public intoxication charge. Anyone with information regarding the accident is urged to call the H.B. Police Department's traffic bureau at 714-536-5666.
See the Orange County Register article HERE.
It remains to be seen how badly those in the Dodge were injured and exactly what charges may be brought against Kelly. Assuming the preliminary report is correct and he was driving while intoxicated, Kelly could be charged with a felony. Aside from his criminal reponsibility, Kelly may be liable for the injuries sustained by the occupants of the Dodge that overturned in the accident. If it is proven Kelly was driving while intoxicated, and that accounted for the collision, he could be responsible for not only compensatory damages (pain, suffering, medical expenses, lost wages, etc.), but punitive damages as well.
Compensation for the victims of automobile accidents caused by a drunk driver should be an important concern for all Californians. When a driver operates their vehicle while under the influence and causes a serious or fatal accident, they should be held accountable. An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years years of experience handling Orange County automobile accident cases, including those involving intoxicated drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured or killed in an Orange County motor vehicle accident?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Tuesday, October 4, 2011
Wet Roads Cause Multiple Crashes In Orange County
Not too surprisingly, the wet roadways here in Orange County led to a number of traffic collisions this morning. According to a story in the Orange County Register, a three-vehicle collision that occurred in La Habra left two drivers injured at a busy intersection. The accident was reported to the La Habra Police Department at 7:50 a.m., and the caller indicated there had been a three vehicle collision on Lambert Road, east of Beach Boulevard. Also reported this morning was a two-vehicle collision on the northbound I-5, near Jeffrey Road. In that accident, according to the Register, it appears the driver of a Honda Odyssey rear-ended a Ford F-150. Several other accidents along the I-5 occurred on the rain slick road.
See the full Orange County Register article and photos HERE.
According to statistics compiled by the federal government, there are more than 6,301,000 motor vehicle crashes every year on U.S. roadways. Of those, about 24% (1,511,000) are weather-related. On average, 7,130 people are killed and over 629,000 people are injured in weather-related crashes each year. Road weather conditions contributing to those accidents include: rain, snow, ice and fog. The vast majority of these crashes happen on wet pavement and during rainfall. In an average year, 17 percent of fatal crashes, 22 percent of injury crashes, and 25 percent of property-damage-only collisions occur when an adverse weather condition and/or slick pavement is present. Rain like we experienced this morning and as is expected tomorrow, impacts visibility distance, pavement friction and lane obstruction, contributing to the happening of traffic accidents and injuries. In these weather conditions, it is important for drivers to take appropriate steps to minimize the risk of an accident. Here are some examples:
Have you or a loved one been injured or killed in an Orange County motor vehicle accident?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
See the full Orange County Register article and photos HERE.
According to statistics compiled by the federal government, there are more than 6,301,000 motor vehicle crashes every year on U.S. roadways. Of those, about 24% (1,511,000) are weather-related. On average, 7,130 people are killed and over 629,000 people are injured in weather-related crashes each year. Road weather conditions contributing to those accidents include: rain, snow, ice and fog. The vast majority of these crashes happen on wet pavement and during rainfall. In an average year, 17 percent of fatal crashes, 22 percent of injury crashes, and 25 percent of property-damage-only collisions occur when an adverse weather condition and/or slick pavement is present. Rain like we experienced this morning and as is expected tomorrow, impacts visibility distance, pavement friction and lane obstruction, contributing to the happening of traffic accidents and injuries. In these weather conditions, it is important for drivers to take appropriate steps to minimize the risk of an accident. Here are some examples:
- Make sure your brakes are functioning properly ("ride" the brakes for a short distance to dry them out once they have gotten wet)
- Slow down (slick pavement can double your vehicle's stopping distance)
- Avoid aggressive braking
- Double your following distance
- Practice defensive driving
Have you or a loved one been injured or killed in an Orange County motor vehicle accident?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Tuesday, September 20, 2011
Orange County Coroner's Office To Release Kelly Thomas' Autopsy
Finally, the Orange County Coroner's Office has completed its report on the death of Kelly Thomas, the mentally ill homeless man who died after a violent confrontation with officers from the Fullerton Police Department. According to a KTLA news story, the findings of the Coroner have been turned over to the Orange County District Attorney's Office for consideration. Reportedly, a news conference is scheduled for tomorrow during which District Attorney Tony Rackauckas is expected to discuss what, if any, charges will be filed against the officers involved in the controversial arrest.
See the full KTLA news story HERE.
Medical records previously released show Thomas was originally taken from the scene of the incident to St. Jude Hospital in Fullerton. However, because his heart stopped, and he required a higher level of care for that and other reasons, he was emergently transported to UCI Medical Center. By the time he arrived there, Thomas' pulse rate was very high, and his blood pressure dangerously low. He was exhibiting seizure activity, and one pupil was unreactive. For all intents and purposes, he was severely brain injured and the likelihood of any meaningful recovery was grim. The assessment of the emergency room physician was that Thomas had suffered blunt trauma, facial fractures, prolonged oxygen deprivation, facial lacerations, and shock, among other things. Also of note was the presence of a taser dart in the left chest area, suggesting a taser had been deployed by one of the Fullerton officers in violation of industry recommended guidelines. From the records released to date, it seems likely the Coroner's Office will conclude the cause of Thomas's death was homicide.
The extent of the beating Thomas received at the hands of the Fullerton Police is almost impossible to understand. With reports that at least six officers were present during the arrest, one has to wonder why so much trauma to the face and head would be necessary to control this rather diminutive man. The purpose of an arrest is to secure a subject's presence in court before a judge, not to punish. Police officers are generally taught to use the least amount of force reasonably necessary to control a subject and take him into custody. In the Thomas case, he was reportedly being taken into custody for auto burglary, a property, nonviolent crime. The amount of force used on Thomas, as evidenced by the injuries documented in his medical records, would seem well beyond justification. Ideally, the Thomas family will see justice in both the civil and criminal courts.
Compensation for the victims of police misconduct should be an important concern for all Californians. When someone is beaten excessively by the police, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County police misconduct attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been a victim of an unlawful arrest or excessive use force at the hands of the police?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
Thursday, September 15, 2011
Pastor in Orange County Accused of Sexual Abuse of Two Boys
A pastor of an Orange County church has been accused of molesting two boys, both of whom are just 11 years old. According to a story in the Orange County Register, the pastor of the Laguna Hills church, Oscar Perez, was arrested last weekend, and bail has now been set at 1 million dollars. Perez is facing four felony counts (two as to each boy) and, if convicted, he could face up to life in prison.
Perez is accused of assaulting the boys at Perez' Lake Forest home, and apparently one of the alleged victims claims to have been abused during a sleepover. According to court records cited by the Register, prosecutors accuse Perez of abusing one of the boys in July, and the other sometime between 2008 and September 2011. Perez, identified as a bishop of the Old Catholic Church, rented space at an Episcopal church in Laguna Hills and celebrated Mass once a week, officials said. Spokesmen for the Episcopal and Roman Catholic dioceses said his church was not affiliated with them. Authorities are asking anyone who believes they were a victim, or who has additional information on the case, to contact Supervising District Attorney Investigator Lou Gutierrez at 714-347-8794.
It is not clear from the story above how Perez managed to arrange time alone with the boys and whether his church affiliation had anything to do with that. In general, the possibility exists that pedophiles will use any position of authority to gain legitimate access to young boys in order to seduce the more susceptible ones into sexual activity. Unfortunately sex abuse in this context is more common than accidental deaths and serious injuries combined. It is well recognized that children engaged in organized group overnight activities are at risk of foreseeable sexual abuse. It is certain that there exists in our society the constant possibility that persons suffering from a lack of proper mental balance or normal decency might subject young people to sexual molestation. This fact is often illustrated by mass media accounts of crimes against children. The general feeling of the public that this problem does exist in a threatening way has led to the conclusion by many courts of this State that those charged with the care of children are obligated to guard against sexual abuse. Liability generally follows where the abuse is foreseeable.
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Compensation for victims of sexual abuse and harassment committed by people in a position of authority should be an important concern for all Californians. When an adult engages in sexual abuse of a child they should be held accountable, and their victims should be compensated. An Orange County injury attorney with experience at handling sexual abuse cases can make a fair assessment of these claims. Mr. Ralph has 20 years of experience handling personal injury and sexual misconduct cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been a victim of sexual misconduct or abuse?
- Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
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