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Injury News
The Mere Violation Of A Technical Rule Has Often Been Deemed Sufficient For Legal Action And Recovery
Businesses in California are facing, among other things, 100-400% increases in workers' compensation premiums, increasing employer mandates, and high tax and regulatory burdens. Unfortunately, a certain litigation strategy threatens many companies in an environment ripe for abuse. California's Unfair Competition Law is unique in that it allows anyone to sue businesses for alleged unfair business practices, even if they have not directly incurred the alleged wrongdoing, and even if no one was actually harmed. The mere violation of a technical rule has often been deemed sufficient for legal action and recovery. For example, small nail salons are being targeted for using the same bottle of nail polish on more than one customer and a motorcycle shop was sued for abbreviating the words "on approved credit" (OAC) on a print ad. This shift from traditional tort law requirements, such as proving actual injury, has contributed to an atmosphere that is most appealing to practitioners of the art of shakedown. Some law firms threaten small businesses with suits unless they settle to avoid exorbitant fees and costs and limit risk of an unjust, arbitrary action. Many of the businesses targeted by these unfair competition suits or claims are small, minority owned businesses guilty, at most, of minor, technical, or administrative violations, often unknowingl
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Did You Know?
There are safety regulations that are intended to help prevent trucking accidents from occurring
Violations of safety recommendations greatly increase the risk of trucking accidents. Truck drivers must assume responsibility to take all measures to avoid trucking accidents and putting other drivers on the road in risk of becoming injured because of a trucking accident.
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Definition:
Better known as "pain and suffering" damages, which include the emotional trauma from physical injuries, pain, humiliation, etc.
Loss of Consortium
Definition:
When a person is injured, that person's spouse may also have a valid claim for Loss of Consortium. Loss of consortium represent many things, including the spouse's loss of the injured person's assistance in caring for the family home and children, as well as the additional stress and strain placed upon the marital relationship by the physical injuries that were suffered.
Workers Compensation
Definition:
These benefits include payment of all medical expenses and reimbursement for a portion of wages lost due to disability caused by the injury.
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