ARTICLES
The Food and Beverage Industry: Understanding the New Wave of Class-Action Lawsuits
Over the last five years, the food and beverage industry has experienced a rise in consumer class-action lawsuits. Previously, a food and beverage company’s risk of consumer litigation arose primarily from personal injury claims, such as if a consumer were to become ill from consuming a product. Now, class actions are often filed based on claims that consumers have been misled by the company’s advertising or product labeling.The trend began with class action suits challenging products labeled as ‘natural’. The FDA, USDA and FTC have not regulated the term ‘natural,’ claiming it holds no nutritional meaning, though it is a commonly used term within marketing tactics. Other advertising and labeling claims are increasingly being challenged as well, such as complaints being filed with respect to the use of the following phrases: ‘evaporated cane juice’ as a replacement for of sugar, claiming a product is ‘imported from’ or ‘made in’ certain locations, whether or not a product has been‘handmade’, as well as the labeling of trans fats. Products as diverse as tea, guacamole and almond milk have been subject to litigation. Northern California, once dubbed the Food Court, is no longer alone in the industry’s lawsuit increase climate. Cases are filed in both federal and state courts across the country. Often, the filing of one lawsuit prompts copycat lawsuits in other jurisdictions.
What Happens if You Let Your Friend Drive Your Car and an Accident Happens?
California law states the car’s insurance follows the car and not the driver. This means that if you lend your car to a friend and is involved in an accident, your auto insurance is primary and will pay for any property damage, regardless if your friend is fully covered by his or her own auto insurance. Primary coverage applies so long as the person driving is not specifically excluded on your policy. If you have liability and collision coverage, then it is your own policy that will be used. Should your coverage not be adequate to cover the damages, then your friend’s policy is used as secondary coverage once your own limits are exhausted. This includes personal injury and medical expenses as well as property damage.
California Meal Breaks
In April 2012, the California Supreme court in the long-awaited ruling in the case of Brinker v. Superior Court clarified when rest and meal breaks may be provided and when employees are deemed to be on break. It confirmed that all employers have to make meal breaks available to employees but listed certain criteria, all of which must apply, or else employers are required to pay additional compensation to its employees for violating these rules.
What If You Are Partially at Fault at Your Accident?
Everyone makes mistakes, especially on the road. However, many injured motorists incorrectly believe that if their own negligence contributed to their injuries in any way, they are wholly unable to recover legal compensation. This belief is based on an old rule of law called contributory negligence that has been abolished in all but a handful of states. While shared fault can still affect your personal injury award, it is usually not a total bar to recovery.
What is an Independent Defense Medical Exam?
If you have been in a car accident or suffered any other type of personal injury and you have sued the responsible person (defendant), you will likely have to submit to a defense medical exam or DME. Okay, the real name of it is an Independent Medical Exam or IME. It is performed by a doctor paid for by the defense insurance company and is not really independent. California Code of Civil Procedure Sections 2032.210-2032.620 govern the DME.
Long-term Effects of Head Injuries, Concussions, Traumatic Brain Injury (TBI)
Most of us sympathize with people who suffer a bump on the head. Sports, car accidents, roughhousing by children, or simply hitting your head while working around the house are sometimes the causes of minor head injuries. However, some head trauma can be much more serious and may be life threatening or result in debilitating injuries. Whenever anyone takes a blow to the head, they risk a traumatic brain injury. This type of injury can alter your life and the lives of your loved ones forever.
California Laws Related to Rear End Auto Accident Claims
California laws related to rear end auto accident claims are important because the Golden State is home to some of the highest traffic volumes on freeways and surface streets in the country. This leads to countless rear-enders every year from persons traveling too fast or following too closely. Many of the incidents are fairly low impact when they occur in slow moving traffic, but at even moderate rates of speed they can cause significant bodily harm.
First Steps to Follow If You Are injured in a Car Accident
Being prepared for a car accident is essential if you are injured and want to maximize your opportunity for a satisfactory settlement of your claim. Having all your insurance and identifying information readily available is important, but there are some other vital things you can do to maximize your opportunity to obtain full compensation for your injury.
Types of Personal Injury Cases
Personal injury law deals with injuries caused by the negligence of another person or by the negligent design or manufacture of a product. Personal injury can be a complex area where injuries can be catastrophic and life-changing.