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Author: Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

Employers have argued for decades that their duty of care when it comes to exposure to toxic substances, such as asbestos, ends with their workers and is restricted to their own physical premises. The courts have largely accepted this argument, ruling in favor of employers who have been sued in personal injury or wrongful death cases by family members and others who were exposed to substances brought home on workers’ clothing.

The Supreme Court of California, however, has recently ruled that a business can be held liable in this situation. The court declared that when a substance is known to have toxic effects, it’s foreseeable that a worker can carry that substance off-site on his or her clothing and cause others to be exposed to it. Employers have a duty of reasonable care to make sure that this doesn’t happen, and they can be held liable when they don’t meet this duty and someone off their premises is harmed by material that originated there.

 

Asbestos Specifically at Issue

The Court had two cases before it, each involving the death of a family member who became ill after long–term secondary exposure to asbestos. Just as secondary smoke from cigarettes can cause harm, the second-hand exposure to asbestos in a person’s clothing can be a danger to others.

While the danger of asbestos has been known for a very long time, and the use of it has been scaled back or ended in many applications, serious health effects can take years to manifest. It’s estimated that even today between 12,000 and 15,000 people die each year of asbestos-related ailments such as mesothelioma. Some of them, as in the cases reviewed by the Court, did not even work directly with asbestos but were exposed second-hand through a spouse or relative.

 

Extension of Liability

The Court decided unanimously that many issues are at play in cases like this, but that certain principles apply in all cases. The physical boundaries of an employer or premises owner do not limit liability, for example, nor does a worker at a site have to be an explicit employee of the business in question. The duty of care, the Court stated, also applies whether the lawsuit involves a claim of negligence or a claim of premises liability; the responsibility of an employer or owner should be treated the same in either situation.

 

Orange County Premises Liability and Workplace Injury Lawyer

Legal cases of premises liability often involve simple issues, such as broken sidewalks or unsafe structures or other obviously dangerous conditions which have led to an injury. But sometimes there are more complex considerations, as this decision shows.

If you or a loved one have been harmed while on another’s property by hazardous conditions that should have been corrected, it’s important to enlist the aid of an experienced premises liability and workplace injury attorney to press your claim. Kohan & Bablove Injury Attorneys understands these cases, whether it’s something as simple as a fall down an unlighted set of stairs or as complex as a take-home asbestos toxicity case. Give us a call today at 949.535.1341 or contact us online to schedule a free consultation to discuss your situation.

A sixteen-year-old boy from Manhattan Beach never made it home from a “sweet sixteen” party. What happened on that bus, and the lawsuit that followed, illustrates several legal principles that come up in almost every California wrongful death case: who can actually be held liable, how fault gets divided among multiple defendants, and what a grieving family can recover. Here’s what happened, and what it means for anyone facing a similar loss.

Quick answer: California allows a deceased person’s spouse, children, or dependents to file a wrongful death claim under Code of Civil Procedure § 377.60, recovering economic and non-economic damages from every party whose negligence contributed to the death, even when fault is split across several defendants.

A San Diego woman was killed last month when her car was struck head-on by a minivan being driven the wrong way on Camino del Norte. The victim, Sarita Shakya, died at the scene, but the driver of the other vehicle, who is suspected of drunk driving, survived the crash with severe injuries. The crash occurred in 4S Ranch, shortly before midnight on December 17.

It was reported that the other driver was placed under arrest for vehicular homicide and other charges after she was taken to Scripps Memorial Hospital La Jolla.

 

Heartbreaking Loss for the Family

Shakya was a nurse at Scripps Mercy Hospital in Hillcrest and also the mother of a four-year-old daughter. Her loss will leave a hole in the lives of her family and others who knew her. Shakya was known in her community as a dedicated healthcare professional, and she had even appeared on the local news welcoming back a medical team returning from relief efforts in Nepal after a major earthquake there in 2015. Shakya was originally from Nepal herself, although San Diego had been her home for some time.

 

Wrong-Way Wrecks Deadly

The type of crash that led to Shakya’s tragic death is all-too-common. On December 7, a man caused a wrong-way crash on the I-5 in Sacramento. His car rolled and caught fire after the crash, causing a shutdown of the highway, but all involved suffered only minor injuries. The driver in that case reportedly scuffled with police after the crash and was hit with a Taser discharge. He died shortly afterward, and the incident is now under investigation.

Closer to the 4S Ranch crash, a ninety-three-year-old man died in November when his jeep, traveling the wrong way on I-805 north of San Diego, struck a barrier and another car. The driver of the other car suffered moderate injuries.

Wrong-way crashes were such a problem around San Diego in 2015 that Caltrans has launched a pilot program on some area highways in an effort to reduce the danger. Thirteen people died in wrong-way crashes on San Diego freeways that year. It’s not yet clear if the 2016 tally will be an improvement.

 

California Car Accident Lawyer

All motor vehicle accidents that lead to injury or death are terrible for those involved, but wrong-way crashes can be some of the hardest to bear. The victims often have little or no time to react because of the surprise factor and the speeds involved, which is part of the reason why the fatality rate in wrong-way incidents is much higher than in other crash types.

When you’ve been in an auto wreck caused by another driver, it’s important to have experienced help on your side when you make a claim to recover financial damages for the losses you’ve suffered. Kohan & Bablove, Injury Attorneys understands the practice of automobile accident law, and we offer all clients a free consultation to discuss the details of their case and help them understand what to expect as the process moves forward. Call us today at 949.535.1341 or contact us online through the form below to schedule a free, no-obligation consultation.

A driver died in a still-unexplained single-vehicle crash last week when his car left the 805 freeway and landed in the backyard of an Otay Mesa family’s home. Sometime late on the night of the December 13 or early on the morning of December 14, the car crashed into the property, which is adjacent to the ramp where southbound I-805 connects to westbound California 905.

 

Crash Not Discovered for Several Hours

The car, a 2012 Chevrolet Malibu, was discovered wedged against a tree around 11:00 a.m. last Wednesday morning when the owner of the property went outside to turn off his Christmas lights, which had been left on overnight.

It’s not clear when the crash happened, because the homeowner was out that evening and there were apparently no witnesses to the accident. Reports have speculated that the crash probably took place between 10:00 p.m. and 3:00 a.m. After the car was discovered, a neighbor remembered hearing what sounded like a tire blowout around 11:00 p.m. the night before.

The victim of the crash, later identified as a Chula Vista resident, was found about fifty feet from the vehicle and had probably been ejected during the crash.

 

Homeowner Worried for Safety

This is the first time a car has ended up in the homeowner’s yard, but he’s been worried about this kind of problem for some time: Two people died in a crash eight years ago when their car left the 805 and struck the same tree.

The homeowner guessed that the car might actually have rolled off the highway, because it seemed to have done little damage to a fence between his property and the road before it came to rest at the tree and a retaining wall.

Photos from the scene show the car not far from the house itself. Had the car not been stopped by the tree and gone only a few yards more, it could have smashed right into the master bedroom.

 

Vehicle-Building Crashes Serious

There’s no solid data for how many times each year a car or other vehicle crashes into a house, but one organization collects that information for businesses. According to the Storefront Safety Council, a commercial building is struck by a vehicle as many as sixty times each day, leading to up to 500 deaths, more than 4,000 serious injuries, and millions of dollars in property damage annually. They suspect that the numbers for residences might be double that of businesses.

Some homes are more at risk than others. One San Jose house has been hit nineteen times since its current owners moved in sometime in the 1950s. It wasn’t reported if any of those crashes involved fatalities.

 

Orange County Car Crash Lawyers

When you’ve been the victim of an auto accident, whether you were in another vehicle, a pedestrian, or simply at home minding your own business, an important part of putting your life back on track is recovering damages from the responsible party. Choosing an attorney with the right experience is essential.

At Kohan & Bablove Injury Attorneys, we understand the complexities of automobile accident law, even in cases where the collision involves something other than another vehicle, such as a house or other building. Give us a call today at 949.535.1341 or contact us online through the form below to schedule a free consultation to discuss your specific situation and to learn how we might help.

Speak to an experience auto accident lawyer below:

Kohan & Bablove Injury Attorneys
Address: 20371 Irvine Ave Suite 110, Newport Beach, CA 92660
Phone: +1 949.535.1341

Thirty-six people are confirmed to have died in an Oakland warehouse fire at a makeshift nightclub called the Ghost Ship, making this one of the worst fires in recent history. Party-goers were trapped inside, with many victims dying of asphyxiation.

 

Interior Conditions a Hazard

It took hours for the fire to be put out, and the fortunate ones who escaped looked on as black smoke poured from the warehouse windows. Firefighters rescued as many people as they could, but their job was made harder due to the interior of the warehouse. Instead of one large open space, it was made up of numerous artist studios and small spaces that were difficult to get to.

To make matters worse, the first and second floor were connected by a staircase made up of wooden pallets. Both flimsy and highly flammable, this may have contributed to the high number of injuries and deaths, as it was hard enough for people to escape. On top of that, the entire building only had two exits.

The truth is that the Ghost Ship never would have been approved as a nightclub because it did not meet fire and safety codes, making it entirely unsafe, as proven by this disastrous fire.

 

Numerous Wrongful Deaths

The Ghost Ship warehouse fire is one of the worst of its kind in decades. The building is no longer sound structurally, the roof has collapsed, and there is debris everywhere. Because of this, the police are having difficulty accessing all of the areas inside without putting their own crews in jeopardy. They think that up to forty people may have died in the fire.

For the families of those missing, this is a horrific tragedy that goes beyond the imagination. Many are still waiting to know if there loved one was killed in the fire and waiting for bodies to be recovered. Families are providing information on distinguishing characteristics, such as tattoos and piercings that can be used to identify bodies, something no family member should ever have to do.

 

What Now for Survivors and Families?

The families of deceased victims are now grappling with significant losses. As in any accident’s aftermath, the question now becomes a matter of what to do next. Accident victims and surviving family members need to know what their legal rights are.

In the case of a victim’s family, there may be an option to file a wrongful death lawsuit. Spouses, children, and other financial dependents may be able to sue the negligent party whose actions or inaction caused their loved one to die. These cases are complex, but when negligence is involved, it may be the only way to really hold the other party accountable.

 

Orange County Wrongful Death and Premises Liability Attorneys

In the example of the Oakland warehouse fire, the entity throwing the party, the owner of the warehouse, and anyone responsible for starting the fire could be found negligent and held accountable.

While sometimes law enforcement is involved, charges are not always pressed, and even if they are and a conviction is had, that doesn’t do anything financially for a victim’s family. This is why at Kohan & Bablove Injury Attorneys, we encourage you to call 949.535.1341 or complete the form below to schedule a free consultation to discuss the possibility of filing a lawsuit.

At least eleven people have died in the United States as the result of a particular defective product—and one that you may not suspect. The very airbags that are installed in cars to keep people safe have been killing people. This does not apply to all airbags, only those manufactured by the Takata Corporation.

In perhaps one of the largest examples ever of a bad product going to market, manufacturers have been forced to recall millions of vehicles, but for some people, those recalls are too little, too late.

Ms. Delia Robles is the latest victim. She was killed while driving her Honda Civic in California. A truck turned left in front of her, and she was unable to stop in time to prevent a collision. According to her family, she would have been driving at 25 miles per hour. While traditionally a slow speed, the crash was nonetheless fatal due in large part to the defective airbag that inflated.

 

Defective Product

The Takata airbags are defective because the metal canister can explode, sending shrapnel throughout the vehicle. Ammonium nitrate creates that small explosion, but given its sensitivity to heat and humidity, it tends to burn too quickly, causing the explosion.

This is perhaps the largest recall in history, with over 100 million inflators being recalled worldwide.

 

Warning from the National Highway Traffic Safety Administration

Concerns over Takata’s airbags have existed since at least 2008. However, with the death toll mounting, the NHTSA conducted additional tests, concluding that the airbags are extremely dangerous due to the Takata inflators.

Their reports show that there is a fifty percent chance of the inflator exploding if you get into a crash. Those are terrible odds. For unsuspecting drivers like Ms. Robles, those odds resulted in a sudden wrongful death and significant grief for her surviving family members.

The recalls extend to Honda Civics, Accords, Acuras, Odysseys, CR-Vs, and Pilots that were manufactured between 2001 and 2003.

 

Is Your Honda Safe?

There were around one million Hondas sold that were equipped with the defective and dangerous airbags. Driving one of these vehicles is unwise because you could be putting your life and the life of your family at risk.

The best way to find out if your car is part of the recall is to visit safercar.gov. You can enter your vehicle identification number (VIN) and the site will let you know whether there have been any recalls issued that affect your vehicle. At least 300,000 vehicles have not been repaired yet—and yours could be one of them.

 

Your Rights in a Defective Product Case

As a consumer, you have the right to expect the products you use to be safe, especially if you are using them as intended. A defective airbag, or any defective product, can put that trust in jeopardy—and your wellbeing at risk.

If you are then harmed by the defect, you have the right to sue the product’s manufacturer. Additionally, if you are the family member of an accident victim who died, you could sue on behalf of their estate. It is necessary to hold negligent manufacturers accountable so that they do not continue to put people at risk by selling a faulty product or device.

 

Get Help from an Orange County Product Liability Attorney

If you or someone you love was injured due to a defective airbag or any other bad product, call Kohan & Bablove Injury Attorneys at 1-844-326-4771 or contact us using the form below.

One of our attorneys can answer your questions, provide you with sound legal advice, and represent you both during negotiations and in court.

Four students were injured last week when they were struck by a car and debris from a crash outside Ayala High School in Chino Hills. One of the pedestrians was seriously injured and had to be airlifted to a nearby trauma center; the others received only minor injuries and did not require hospitalization. The driver of the car, which caught fire after the crash, was also airlifted to a hospital with moderate injuries.

Initial reports of the crash were unclear on the number of vehicles and pedestrians involved, but it now appears that a single driver lost control of his vehicle and crashed into a light pole. Debris from the shattered pole hit three of the pedestrians, who were on the sidewalk, while the car itself struck the fourth.

The cause of the crash is not yet known, but it’s been reported that the driver had been behaving erratically and caused two other minor property damage crashes just before injuring the pedestrians.

 

California Dangerous for Pedestrians

While this accident was unusual because of the high number of pedestrians involved, crashes involving people on foot are unfortunately common. Nationwide, more than 70,000 pedestrians were injured and 5,376 were killed in motor vehicle crashes last year, the most since 1996. California saw 742 of those fatalities. In 2013, the most recent year with complete data, San Bernardino County (where Chino Hills is located) saw 363 pedestrians either injured or killed in crashes—that’s nearly one per day.

 

Car Safety Improving, but Not for Pedestrians

The safety of passenger vehicles has been steadily improving for some time now, and the United States has seen a consistent downward trend in crash fatalities for a number of years. Much of this has been the result of improved safety features such as airbags and antilock brakes.

However, almost nothing has been done to make vehicles safer for pedestrians involved in crashes. So while the number of crash deaths has been declining, the proportion of those deaths suffered by pedestrians has been increasing. In fact, for 2015, it jumped 10 percent to reach the highest total deaths since 1996 and the largest proportion of overall traffic fatalities in twenty-five years.

The problem is beginning to receive recognition throughout America, but we’re significantly behind other parts of the world on this important safety concern. In Europe, for instance, vehicle design has taken pedestrian safety into account for several years now, and some vehicles already have external airbags to protect those outside when a collision happens.

So far, there are no similar safety requirements in the United States. But the US Department of Transportation, as part of its vehicle-to-vehicle (V2V) communication research, is already looking into the feasibility of vehicle-to-pedestrian (V2P) technology. V2V enables cars to monitor each other’s locations and speeds to avoid collisions. Adding V2P, even in limited circumstances such as at crosswalks and bus stops, would help prevent pedestrian crashes.

 

Orange County Pedestrian Accident Lawyers

If you’ve been the victim of a pedestrian accident caused by a negligent driver or an unsafe road condition, it is often just as important to get legal help as it is to seek medical help after the accident.

When you face the possibility of large medical bills, lost income, and other recovery expenses, you need someone with a solid understanding of pedestrian accident law on your side. At Kohan & Bablove,Injury Attorneys, we have experience with all varieties of automobile accident law, and we’re ready to put it to work for you. Call us at 949.535.1341 today or reach us by completing the form below. Schedule a free consultation to discuss your case, and find out how we can help you.

If you follow celebrity news, you’re no doubt aware that actor Jim Carrey has been the target of a wrongful death lawsuit. While it’s impossible for us to say exactly what happened in Mr. Carrey’s case, the suit raises a number of concerns, none of which should be taken lightly. Many of the issues which will be discussed as this case moves forward will be unique to this particular suit, but there are also issues which may turn out to be relevant to many other wrongful death cases.

Many people might be wondering, because they haven’t had personal experience with such a case, what exactly qualifies as wrongful death? What does that term mean in our legal system, and what can happen to a person if he or she is found responsible for causing a wrongful death lawyer?

 

What Is Wrongful Death?

Wrongful death is not a criminal charge, unlike assault or murder or negligent homicide. When those criminal acts occur, the state will file charges and pursue justice directly. A wrongful death claim, on the other hand, is a civil action taken by the surviving family members of a victim to recover financial damages for both actual expenses and the pain and suffering related to the death. The defendant in this type of personal injury suit stands accused of causing the victim’s death by negligence or misconduct and might previously have been found guilty in criminal court. But they also might not have ever faced trial, or might have been found not guilty of criminal charges.

 

How Responsible Is Responsible?

Those accused of wrongful death may not seem to be directly responsible. Their level of culpability can still be decided by a jury. For instance, a case now underway is attempting to recover damages from the company that manufactured one of the guns used in the Sandy Hook shootings in December 2012. The company didn’t pull the trigger and didn’t sell the guns directly to the shooter, but the plaintiffs argue that the company’s advertising sent specific, dangerous messages which may have influenced the shooter. Their claim is that the company should have foreseen this kind of result.

A similar idea has been put forth in the Carrey case. His girlfriend died of a prescription drug overdose last year, and her husband, with whom she had no contact at that point, claims that Carrey supplied her with dangerous drugs when he knew that she was prone to depression and had previously attempted suicide. Her death by overdose, the filing states, “was predictable and foreseeable” by Carrey.

 

Could Carrey Be Found Liable?

To those unfamiliar with cases of this sort, it might seem like there is no way that Carrey could be found responsible. However, the possibility exists. The standard of proof in a civil action like wrongful death is typically “a preponderance of evidence,” not the stricter standard of “beyond a reasonable doubt” used in criminal trials. If, after hearing testimony, a jury determines that there is enough evidence, they could decide in favor of the plaintiff. The key to any suit like this is determining whether the defendant (in this case, Carrey) showed negligence, and if so, whether it was to a degree that justifies holding him accountable.

This suit doesn’t seek a specific amount in damages, but in addition to assigning blame in these cases, a jury usually decides the amount, if any, to be awarded. Some awards are small, but the amount involved could also be enormous. In the civil suit against O.J. Simpson following his acquittal for murder, the families of Nicole Brown-Simpson and Ronald Goldman were awarded $33.5 million. In 2013, a court awarded a thirteen-year-old girl $150 million after the death of her family in a car wreck. In 2014, a Florida jury ordered tobacco company R.J. Reynolds to pay an astounding $23.6 billion to the widow of a man who died from lung cancer. These results aren’t typical, but they show that a large payout could happen if a jury finds Carrey to blame.

 

Orange County California Wrongful Death Lawyers

If someone close to you has been the victim of a wrongful death, we deeply sympathize. These things should not happen, and that’s exactly why this area of civil law exists. By holding the negligent parties accountable, you not only alleviate the financial burden this death caused (medical and funeral expenses, lost wages and income, and so on), you also help put other negligent parties on notice by sending the message that they’ll be held answerable if they allow similar deaths to occur.

Give Kohan & Bablove, Injury Attorneys a call to discuss your situation. The consultation is free, and you’ll only pay us for representing you if we win your case. Our number is 949.535.1341 or you can reach us by completing the form at the bottom of this page. You can also use the LiveChat feature of this website to have some of your questions answered right now.

For years, women and some medical professionals have suspected that there might be a connection between the use of talc-based personal-care products and certain illnesses—especially cancer. But there was difficulty in proving that link when it involved just a few reports of ill effects and concerned an ingredient used in everything from plastic and paint to baby powder. So for years millions of people continued to use these products, despite efforts by some to prove that they’d been harmed by them.

That’s beginning to change as earlier this year two multi-million-dollar claims against Johnson & Johnson (J&J), a major manufacturer of talc products such as baby powder and Shower-to-Shower, have been decided in favor of the victims. Other cases continue to move through the system as more victims and their families step forward.

 

Large Verdicts, Many Cases to Come

In May, a South Dakota woman won a $55 million judgment against J&J for causing her ovarian cancer. That verdict followed on the heels of a February decision in favor of the family of an Alabama woman who passed away last year while her case was ongoing. In that case, a jury determined that J&J should pay $72 million in total damages (with the majority going to a state crime victim compensation fund).

While two similar cases in New Jersey were recently dismissed when a judge ruled that the plaintiffs’ expert testimony did not meet rigorous standards, there are many more cases pending—around 1,200 by some accounts. The first in a group of forty-five cases to be heard in a Missouri court is set to begin this week.

 

Talc’s Long History and Wide Use

Talc is the softest of all minerals and has been known to mankind for millennia. It’s found widely in nature and is commercially mined on every continent except Antarctica. Over the centuries, many uses have been found for it, and today talc is used on an industrial scale in making paper, plastic, paint, ceramics, cosmetics, pharmaceuticals, and even food products. It’s even been used as a medical treatment.

 

Potential Risks, Too

While talc is considered safe for many applications, concerns have existed about potential risks for decades. One problem with talc is that it’s often found in nature along with asbestos, a known toxic mineral blamed for many cancers and other diseases. Care is taken when mining talc to avoid contamination, and only the purest ore is reserved for human uses.

While it sees widespread use in many forms, including baby powder, small particles of talc can cause respiratory problems (and in rare cases death) when too much is inhaled. Most parents still use talc-based baby powders, despite the fact that as far back as 1969, doctors warned of potential problems. The American Academy of Pediatrics recommends against using it.

The personal injury cases against J&J center on ovarian cancer, which the plaintiffs claim was ultimately caused when particles of talc in body powders made their way through the genital tract. The presence of these particles led to chronic inflammation which, over time, led to more severe health issues, including cancer.

At issue in the cases so far has been both what J&J knew about the medical science around talc and when they became aware of it, as well as whether they were covering up known dangers. In the February verdict, the jury determined that J&J was guilty not only of negligence for selling a product they knew included risks and not warning consumers appropriately, but also of conspiracy for what were seen as extensive efforts to hide the risks from the public while preparing for eventual lawsuits.

 

California Talc Injury Lawyer

At Kohan & Bablove, Injury Attorneys, we understand the complicated nature of talc injury claims. If you or a family member has suffered injuries that you feel are related to the use of a product which contains talc, such as an after-bath powder, shower gel, sanitary pads, or incontinence products, you may have the basis for a claim to recover compensation for your injuries.

Give us a call today at 949.535.1341 or complete the form below to schedule a free consultation to discuss the details of your situation. You can also use the LiveChat feature from any page of this website for quick answers to many of your questions.

Recently, the new mobile game “Pokémon Go” has taken the gaming world by storm. In little more than a week after its debut, the smash-hit app became one of the most popular mobile games of all time.

The main reason “Pokémon Go” has been so successful is the nature of the game itself. “Pokémon Go” is one of a new breed of mobile games known as augmented reality games. A core aspect of their gameplay is interactivity with the real world. The game spawns creatures known as Pokémon in real locations that players must explore to find. The goal of the game is to capture these digital creatures, which can then be used against other players in battles.

Although the interactivity of “Pokémon Go” has led to its astounding success, it has also brought with it some areas of very real concern. Many gamers become so engrossed in the game that they lose awareness of their surroundings, resulting in a variety of problems such as injuries, trespassing, and destruction of property.

The use of “Pokémon Go” has been especially problematic with motorists. Since Pokémon can spawn anywhere, being able to get around and reach them quickly in order to capture them is a major advantage. This, however, has had a negative side effect: Many motorists have begun playing “Pokémon Go” while driving.

 

Pokémon and Driving Comparable to Texting and Driving

Playing the app while behind the wheel has become so common that it has reached the point where many have been making comparisons to texting while driving. Indeed, a compelling argument can be made that playing “Pokémon Go” while driving is just as distracting as texting while driving—possibly more so. Police departments across the country are warning players to avoid breaking the law and accidentally injuring themselves and others while playing the game.

A number of instances have demonstrated the dangers of playing “Pokémon Go” while driving. In Auburn, New York, a man playing “Pokémon Go” while driving smashed his car into a tree. Afterward, he admitted to playing the game when he crashed. His was only the first case, however. Many more were to follow.

In another case, a man in Baltimore sideswiped a parked police cruiser with his SUV. Upon exiting his vehicle, the man blamed the accident on “Pokémon Go.”

Not just U.S. motorists have been getting into trouble with “Pokémon Go.” The game has become a phenomenon worldwide. In Toowoomba, Australia, a woman backed her car into another at an intersection. She was reportedly playing “Pokémon Go” at the time.

 

Injuries Inevitable . . . but Who’s at Fault?

As demonstrated by these distracted driving accidents, there is clearly a danger posed by drivers using “Pokémon Go” while behind the wheel. Miraculously, in none of these cases did the people involved receive more than minor injuries. However, it is certainly only a matter of time before another accident occurs where those involved aren’t so fortunate.

When an injury occurs as a result of playing “Pokémon Go,” who is liable? When registering for the app, users must accept the game’s terms and conditions, which relieve Niantic, the game’s developer, of any responsibility to the user for harm or legal wrongdoing caused during gameplay. It is obvious that if a gamer is playing while driving and causes an accident or injury, he or she is at fault. It remains to be seen if Niantic will be able to avoid responsibility concerning non-users hurt during an accident caused by Pokémon hunters, however.

 

Experienced California Car Accident Lawyers

If you or someone you love has been injured by a distracted driver in a car accident, the capable lawyers at, Kohan & Bablove Injury Attorneys, can help you seek compensation for your injuries. Please contact us at 949.535.1341 for a free consultation. Trust us to help you recover the maximum compensation possible for your case.

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