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Walkup Law Blog

Steps to Take if You Experience Police Misconduct or Abuse

Every year, people experience abuse at the hands of those who are supposed to protect and serve. You will not find accurate statistics on instances of police misconduct and abuse because many survivors never come forward. They are silent victims of a prominent problem within the criminal justice system. When you interact with police officers, even during an arrest, you have certain inalienable rights. You have the right to remain silent, to record police interactions, to decline giving consent to a search, and to fair and reasonable treatment during detainment and incarceration, among other things. If a law enforcement officer…

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Toy Manufacturer Injury Lawsuits

New toys enter the marketplace every day. In recent years, hover boards, fidget spinners, and other must-have toys have entered the spotlight as potentially unsafe gadgets. Parents should be able to trust toy manufacturers and marketing messages. When toy companies fail to design, manufacture, and label toys with child safety in mind, consumers retain the right to take legal action. According to the most recent information from the US Consumer Product Safety Commission, 11 children under the age of 15 died from toy-related incidents in 2015. During the same year, hospitals treated around 254,200 injuries involving toys. The majority of incidents…

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Public Transportation Injuries and Legal Claims

In general, public transportation is a safe and cost-effective way to travel. When bus, train, taxi, and cable car accidents do take place, however, they tend to cause serious and life threatening injuries. If you are involved in a public transit accident and suffer an injury, you will likely qualify for benefits through the at-fault driver’s insurance. Liability in Public Transportation Accidents Many states, including California, are at-fault states. This means that the at-fault driver will face liability for the accidents and injuries he or she causes. Every driver is responsible for maintaining a reasonable duty of care on the…

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Steps to Take if You Suspect Nursing Home Abuse

Nursing home abuse is a serious problem throughout the United States. We could list statistics showcasing known instances of abuse, but the truth is that most nursing home abuse statistics fall short of reality. The numbers from government agencies and other sources are decades behind. Instead, we want to empower friends, family members, and other visitors to take meaningful action when they suspect instances of abuse. Warning Signs of Nursing Home Abuse Nursing home abuse and elder abuse encompass a range of abusive behaviors. Nursing home and visitors may financially, physically, emotionally, and sexually abuse residents. In many cases, no…

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Food Poisoning, Restaurants, and Lawsuits

The US is home to hundreds of thousands of restaurants. Diners place their trust in restaurant food safety practices every day. Unfortunately, those restaurants do not always put their diners’ best interests first. Sloppy cleaning practices, improper food storage, and low-quality food sourcing can all contribute to a nasty case of food poisoning. In some cases, the harm is severe enough to warrant legal action against the restaurant. This is what you should know. What Is Food Poisoning? Food poisoning is more than a passing stomach bug or a sensitive stomach. Symptoms typically arise within hours of consuming tainted food…

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Proving slip and fall allegations is not as simple as it sounds

Slip and fall incidents can dramatically change a victim’s life, producing injuries ranging from fractures of wrists and hips to major head injuries. Most fall injuries fall within the ambit of so-called premises liability law, which has its own special requirements – it’s not enough to snap a picture of the dangerous circumstance on your mobile phone to show a judge that a business premises or rental dwelling has a negligently caused defect. There are various factors that must be proven by law to recover if you are the victim of a slip and fall accident. In order to prove…

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Class-action lawsuit over cellphones a reminder of more serious problems

Many of LG’s mobile phones have been targeted by lawsuits due to poor performance. Some of the allegations include a “boot-looping” problem, where the phone constantly powers up, turns off and reboots – a never-ending cycle. There are also complaints of battery power drain, where the device is rendered useless in a short amount of time. The issues impact a person’s ability to stay connected to the modern world but pale in comparison to the safety problems the Samsung Note 7 manifest, with the lithium batteries of the phone becoming so hot that the phones were exploding, endangering the lives…

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At least 10 people, 4 vehicles involved in major accident

A multi-car accident on Highway 4 left multiple drivers and passengers needing medical care and a number of vehicles with serious damage. The accident occurred near Antioch where a stray bumper had fallen onto the freeway. As speeding cars tried to avoid it, one stopped, triggering a pileup that involved four other vehicles. At least 10 people were treated for injuries, with reports that three people were listed in critical condition. Five ambulances and four helicopters responded to the scene to tend to the victims. Road debris like this is dangerous – auto-parts, bumpers, loose and unsecured cargo as well…

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Leaving The Scene Of An Accident Is Wrong

A driver in downtown San Francisco fled the scene of a serious accident recently, but the police fortunately apprehended her later in the day. This is yet another example of drivers who try to get away from the problems they caused, only to suffer more extensive punishment because of their decision. No one should flee the scene of an accident. There is no reason to do this. You immediately escalate a civil wrong to a criminal act. And drivers who stay at the scene are able to help those who have been hurt by their conduct The 32-year-old defendant driver…

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Fatal Pedestrian Accidents Are On The Rise

A recent report revealed that one category, which California sits atop of, isn’t the type you want to be famous for; the Governors Highway Safety Association found that California, Florida, New York and Texas accounted for 42 percent of pedestrian fatalities nationwide. Even with an 11 percent decrease in the number of fatal pedestrian accidents in the first half of 2016 when compared with the same period in 2015 in California ranked #1 for fatal pedestrian accidents. This statistic reflects a scary trend nationwide. Fatal pedestrian accidents have reached highs that haven’t been seen in decades. From 2015 to 2016,…

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