Kabateck LLP http://www.kbklawyers.com Kabateck LLP — Full Service Plaintiff’s Law Firm Mon, 12 Nov 2018 21:39:26 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 E-Scooter Safety Concerns http://www.kbklawyers.com/e-scooter-safety-concerns/ http://www.kbklawyers.com/e-scooter-safety-concerns/#respond Thu, 08 Nov 2018 18:25:05 +0000 http://www.kbklawyers.com/?p=19258 Written on behalf of Brian S. Kabateck November 8, 2018 We are seeing a dramatic rise in the use of the electric scooters and segways as more cities embrace the use of environmentally conscious transportation. While these vehicles may reduce automobile traffic and parking problems, consumer advocates warn there are inherent safety risks not only for the rider, but for those around them as well. Segways have had accidents that have resulted in death, which is why some people are opposed to the growing trend. Although the vehicles are marketed as safe and easy to use, many people have reported injuries and it has people wondering if it’s worth implementing them in their city. Back in June, a woman received a $1.7 million settlement from the City of San Diego after her pelvis was shattered in a Segway crash in 2015. Due to the accident, the city implemented new laws involving the two-wheeled vehicle, like prohibiting Segway use by intoxicated people, and requiring tour guides to have a driver’s license and conducting on-site training for all riders before tours. The law is also requiring Segway tour companies to apply for special permits and obtain commercial liability insurance. Unfortunately, the new […]

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Written on behalf of Brian S. Kabateck

November 8, 2018

We are seeing a dramatic rise in the use of the electric scooters and segways as more cities embrace the use of environmentally conscious transportation. While these vehicles may reduce automobile traffic and parking problems, consumer advocates warn there are inherent safety risks not only for the rider, but for those around them as well. Segways have had accidents that have resulted in death, which is why some people are opposed to the growing trend. Although the vehicles are marketed as safe and easy to use, many people have reported injuries and it has people wondering if it’s worth implementing them in their city.

Back in June, a woman received a $1.7 million settlement from the City of San Diego after her pelvis was shattered in a Segway crash in 2015. Due to the accident, the city implemented new laws involving the two-wheeled vehicle, like prohibiting Segway use by intoxicated people, and requiring tour guides to have a driver’s license and conducting on-site training for all riders before tours. The law is also requiring Segway tour companies to apply for special permits and obtain commercial liability insurance. Unfortunately, the new law didn’t apply to electric scooters, but officials state that they will implement a different law for them. In 2010, in a bizarre twist, Segway company owner Jimi Heselden died when he fell off a cliff and dropped down 40 feet into a river while riding a segway near his home.

Recently, the city of Santa Monica implemented its electric scooter pilot program, a plan that incorporates Bird, Lime, Lyft and Jump to operate electric scooters and motorized bikes in the city. Under the program, more than 2,000 scooters and 1,000 bikes are planned to hit the streets. The city plans to work closely with the four operators to create a safe, manageable, sustainable way to incorporate e-scooters and e-bikes into the community. But not everyone agrees with the vehicles getting the green light from the city to roam the streets. People opposed to the idea worry about their safety and where the devices are being left after use. Others in support like that they are an environmentally friendly method of transportation. Like everything, there are rules that people must abide when riding two-wheeled motorized vehicles. Riders must wear helmets, ride only on bike paths along streets and obey traffic laws. Riders are forbidden from traveling on sidewalks. In one case, a San Diego man was killed after the segway he was riding struck a concrete stub protruding four inches from the sidewalk. In turn, the city of Santa Monica is calling on the police department and code enforcement division to enforce the illegal use of electric devices on beach bike paths, sidewalks and parks.

While two-wheel motorized vehicles are in popular demand in cities like Santa Monica, San Francisco, San Diego and Portland, other cities are not all that fond of the idea. The Seattle Department of Transportation stated that Lime and other scooter-share companies won’t be permitted to distribute their scooters on city sidewalks and streets until a permit program can be developed. Just recently, operators Bird and Lime, and manufacturers Xiaomi and Segway were hit with a new class action lawsuit in California where the plaintiffs argue that the companies are responsible for personal injuries and property damage. The nine plaintiffs claim the companies were negligent in ensuring scooter safety, breached implied warranties, and that they created public nuisance by leaving the scooters on streets, sidewalks and other public places.

Two-wheeled vehicles are far from perfect and the main priority is maintaining consumer safety. Since there seems to be a race for who can take over a market first, there is a high chance that companies could be cutting corners, putting the safety of the customer at risk. The transportation industry scene is changing by the minute and it will be interesting to see what will be first on the market and how people will respond.
A catastrophic orthopedic injury is when someone suffers a severe, long-term or permanent injury that prevents them from performing the functions of daily living. 

It can take months or even longer to fully recover from a bone, a stress fracture or a severe dislocation. This type of injury can force an injured person to miss work for extended periods of time and struggle with activities that most of us take for granted.

Long-term physical disabilities or disfigurements due to injury may require some level of assistance such as in-home care or a licensed vocational nurse (LVN). Orthopedic trauma typically involves bone fractures caused by falling or a forced impact trauma as a result of a motor vehicle accident, motorcycle accident, pedestrian accident, tour bus accident, train accident, truck accident or bicycle accident.

If you or a loved one has experienced a catastrophic orthopedic injury you must learn more about your legal rights to receive benefits which you are entitled to if your injury is due to a negligent party. Give one of our experienced personal injury attorneys at Kabateck LLP a call today to learn more about recovering damages and to explore your options. Our accident lawyers in Los Angeles can help you achieve the maximum compensation for the harm you or a loved one has suffered.

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The Catholic Church’s Growing Child Sex Abuse Scandal http://www.kbklawyers.com/the-catholic-churchs-growing-child-sex-abuse-scandal/ http://www.kbklawyers.com/the-catholic-churchs-growing-child-sex-abuse-scandal/#respond Fri, 19 Oct 2018 16:51:10 +0000 http://www.kbklawyers.com/?p=19222 Written on behalf of Brian S. Kabateck October 19, 2018 Investigations into priest sex abuse allegations are underway in Catholic Church dioceses across the country. Earlier this month, the Diocese of San Bernardino released a list of 34 priests who faced accusations of child sexual abuse in incidents that date back to the 1960s. 14 of the priests accused were banned from the diocese, 14 have passed away, 5 were removed from priesthood, and the status of the last priest is unknown. The report came to light in response to the Pennsylvania grand jury report that was released in the beginning of August that explained in detail the sexual abuse perpetrated by Roman Catholic priests against children, as well as the church’s systematic cover up of that abuse. Nearly two decades after reporters and investigators uncovered sexual abuse in the church, this new report has Catholics wondering why something this tragic continues happening and why little has been done to stop it. The report names over 400 priests from Pennsylvania, and has data recorded of over 1,000 children who were molested and shows how priests continued their ministry with no repercussions. The Catholic Diocese of Harrisburg, Pennsylvania published a list […]

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Written on behalf of Brian S. Kabateck

October 19, 2018

Investigations into priest sex abuse allegations are underway in Catholic Church dioceses across the country. Earlier this month, the Diocese of San Bernardino released a list of 34 priests who faced accusations of child sexual abuse in incidents that date back to the 1960s. 14 of the priests accused were banned from the diocese, 14 have passed away, 5 were removed from priesthood, and the status of the last priest is unknown. The report came to light in response to the Pennsylvania grand jury report that was released in the beginning of August that explained in detail the sexual abuse perpetrated by Roman Catholic priests against children, as well as the church’s systematic cover up of that abuse.

Nearly two decades after reporters and investigators uncovered sexual abuse in the church, this new report has Catholics wondering why something this tragic continues happening and why little has been done to stop it. The report names over 400 priests from Pennsylvania, and has data recorded of over 1,000 children who were molested and shows how priests continued their ministry with no repercussions. The Catholic Diocese of Harrisburg, Pennsylvania published a list of 71 religious and seminarians, some of them now passed, accused of sexual abuse of minors since 1940. The list includes 37 priests, three deacons and six seminarians of that diocese, as well as nine other clerics and sixteen members of religious communities. The list also includes cases related to allegations of indecent and inappropriate behavior, such as kissing, child pornography, and inappropriate communications with minors. This is when we ask the question, why is the Catholic church only protecting its own and not the children?

The grand jury reported on the abuse little boys and girls had to deal with in the hands of priests, all while the church knew and did what they could to hide the truth from the public eye. Because of the time these reports date back to, most of these cases were too old to be prosecuted, but the grand jury wanted the public to know what the Catholic Church has been doing for all these years, and to our own children. In the report, the jury claimed that all cases were put aside by church leaders who preferred to protect the abusers and the institution above all, and had proof within the released document that indeed, many leaders forgave the abusers and let them continue their ministry in other churches, schools and services.

According to the website Live Science, Catholics make up the single largest religious groups in the United States, that includes people from different ethnicities and socio-economic statuses. Many of those people include Hispanics and Latinos. CNN reported that the abuse has driven many people away from the religion in order to protect their children, with others stating that their faith was strong and that the Church would rebuild.

This is not the first time the church has been accused of covering up reports of sexual abuse. Allegations of child sexual abuse in the Catholic Church have been disputed since the 1980s, and how members of the church have covered up the reports of abuse by diminishing its severity to the public. It wasn’t until the issue started getting attention of the public eye that people started to realize how big the problem was and to what extent it went to, and by then, many children had already been through the abuse. Many children kept the abuse a secret for many years, well into their adulthood, and a few others opened up for the first time for the grand jury report. Other victims state that they reported the abuse to other church officials after it happened, and said that little to nothing was done about it, and it wasn’t more than a “slap to the wrist” for many priests.

After the release of the grand jury report, a former Vatican official, Carlo Maria Viganò, published an open letter calling for Pope Francis to resign after turning a blind eye to an ex-Cardinal’s years of sexual abuse and harassment against junior seminarians. Viganò claimed that the pope’s predecessor, Pope Benedict XVI, had imposed sanctions against the ex-Cardinal, mandating that he carry out the remainder of his life in prayer and seclusion, only for Pope Francis to lift the ban in 2013. This sparked a large debate on whether the Pope was encouraging the abusive behavior within the church and knew what was going on and did nothing to stop it.

For many Catholics, the latest scandal doesn’t only spark questions about the church’s power and their personal faith, but it also raises concerns about their own children’s safety, as well as whether raising a family in the church amounts to complicity with a system that let the abuse continue for decades. The future of the Catholic Church depends on how our leaders act in the coming days and what happens to those that have abused the innocent children.

KBK represents victims of sexual abuse who pursue civil action against a perpetrator and in some cases, additional parties. While sexual assault and molestation can lead to criminal prosecution, a civil lawsuit is the only way that sexual abuse victims can recover monetary damages for the emotional and psychological harm they’ve suffered.

In some circumstances, a plaintiff can bring a claim against a third party in addition to the perpetrator. Examples include suing a school district if a teacher sexually abused a student or bringing actions against a city and its police department if an officer sexually assaulted a civilian.

A civil lawsuit can enact change, provide remedies and protects the private rights of victims. Although a lawsuit can’t undo the harm caused by the perpetrator, it allows victims to obtain compensation for damages which can pay for medical or therapy bills, loss wages, loss of enjoyment in life and provide a sense of vindication that can help assist with recovery and healing.

If you or a loved one has experienced sexual abuse you must learn more about your legal rights to receive compensation. Give one of our experienced personal injury attorneys at Kabateck LLP a call today to learn more about recovering damages and to explore your options. We can help you achieve the maximum compensation for the harm you or a loved one has suffered.

 

 

 

 

 

 

 

 

 

 

 

 

 

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KBK’s case regarding the Friendly Village Mobile Home Park was profiled on ABC 7 http://www.kbklawyers.com/kbks-case-regarding-the-friendly-village-mobile-home-park-was-profiled-on-abc-7/ http://www.kbklawyers.com/kbks-case-regarding-the-friendly-village-mobile-home-park-was-profiled-on-abc-7/#respond Mon, 15 Oct 2018 21:46:25 +0000 http://www.kbklawyers.com/?p=19218 ABC 7 Eyewitness News October 15, 2018

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ABC 7 Eyewitness News

October 15, 2018

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Are DA-Driven Consumer Lawsuits Doomed? http://www.kbklawyers.com/are-da-driven-consumer-lawsuits-doomed/ http://www.kbklawyers.com/are-da-driven-consumer-lawsuits-doomed/#respond Fri, 21 Sep 2018 17:33:14 +0000 http://www.kbklawyers.com/?p=19212 Written on behalf of Brian S. Kabateck September 22, 2018 District attorneys across our state are stepping up efforts on behalf of consumers in the wake of looming legislation aimed at gutting consumer protections against fraud, dangerous products and corporate wrongdoing. Over the past several years, DAs have filed numerous lawsuits on behalf of consumers against companies accused of deceptive and fraudulent business practices. These attorneys are filling a void caused by the weakening of consumer class actions, but their efforts could be thwarted by the San Diego-based 4th District Court of Appeal. Earlier this summer, the court ruled on a case from Orange County that found the state constitution allows only the Attorney General to seek penalties and restitution on behalf of all state residents. The decision stems from a 2016 suit filed by Orange County District Attorney Tony Rackauckas who sued several pharmaceutical companies alleging the corporations conspired in a “pay-for-delay” scheme that forced consumers to pay more for a name brand drug by blocking generic equivalents. According to Associate Justice Terry B. O’Rourke, local prosecutors aren’t authorized to represent all state residents. In a 2-1 split, O’Rourke concluded that district attorneys do not have “authority to unilaterally […]

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Written on behalf of Brian S. Kabateck
September 22, 2018

District attorneys across our state are stepping up efforts on behalf of consumers in the wake of looming legislation aimed at gutting consumer protections against fraud, dangerous products and corporate wrongdoing. Over the past several years, DAs have filed numerous lawsuits on behalf of consumers against companies accused of deceptive and fraudulent business practices. These attorneys are filling a void caused by the weakening of consumer class actions, but their efforts could be thwarted by the San Diego-based 4th District Court of Appeal.

Earlier this summer, the court ruled on a case from Orange County that found the state constitution allows only the Attorney General to seek penalties and restitution on behalf of all state residents. The decision stems from a 2016 suit filed by Orange County District Attorney Tony Rackauckas who sued several pharmaceutical companies alleging the corporations conspired in a “pay-for-delay” scheme that forced consumers to pay more for a name brand drug by blocking generic equivalents.

According to Associate Justice Terry B. O’Rourke, local prosecutors aren’t authorized to represent all state residents. In a 2-1 split, O’Rourke concluded that district attorneys do not have “authority to unilaterally pursue statewide monetary relief in the name of the state.” Instead, local DAs can only pursue civil penalties and restitution for residents in their own counties. Consumer advocates are vowing to take the case to the state Supreme Court.

Another high-profile example is the San Francisco district attorney who recently filed a lawsuit against Angie’s list for false advertising involving background checks on service providers. The website provides homeowners with household service providers who are ranked by a ratings system. The lawsuit claims that the company engages in deceptive practices regarding its background checks on its service providers. Under the site’s “frequently asked questions” Angie’s list states that it performs background checks on the “principal/owner or relevant manager of all Certified Service Providers.” Yet according to the lawsuit, Angie’s list doesn’t actually run background checks on the worker or subcontractor doing the work inside the consumer’s home. District Attorney George Gascón said the “company made a number of false and misleading representations about background checks” on television, their website and smartphone app.

I told Good Morning America that these legal actions are good for consumers because “this kind of case gives hope that there’s word going out on the street that false advertising on the internet is something that’s not going to be tolerated.”

Consumers are finding it increasingly more difficult to sue financial institutions and corporations for wrongdoing. Class action lawsuits are one of the few courses of action consumers can take against companies, especially when the disputes are over relatively small amounts of money.
A consumer class action is a lawsuit in state or federal court that is brought by one individual, or a few individuals, on behalf of a larger class of people similarly situated.
Typically, it seeks damages on behalf of the named persons bringing the suit as well as the members of the “class.” Class action claims can involve mass disasters, consumer product defects and failure, or even violations of state consumer protection laws.
The purpose for class actions is to combine the smaller-dollar claims of a large number of people in order to pursue the claims cost-effectively and improve the chances for success against large corporations.

When a case is brought as a class action, the court will first decide whether it is a proper class action through a process called class certification. Then, the parties proceed toward trial on the basis of the claims in the case. Due to the nature of the case, the court must approve any settlement and will order notice to be given to any class action members who will be bound by a settlement agreement or a dismissal of the case.

The attorneys at Kabateck LLP have honed specialized skills in handling class action litigation for several decades. Whether the suit is for an inoperative medical device, a deceptively designed printer cartridge, or an improper accounting at the bank, our attorneys have successfully represented thousands of clients in class action or similar representative actions.

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KBK’s Brian Kabateck filed a lawsuit on behalf of sixteen former Dickstein Shapiro partners against Blank Rome who are seeking $4 Million in unreturned capital http://www.kbklawyers.com/kbks-brian-kabateck-filed-a-lawsuit-on-behalf-of-sixteen-former-dickstein-shapiro-partners-against-blank-rome-who-are-seeking-4-million-in-unreturned-capital/ http://www.kbklawyers.com/kbks-brian-kabateck-filed-a-lawsuit-on-behalf-of-sixteen-former-dickstein-shapiro-partners-against-blank-rome-who-are-seeking-4-million-in-unreturned-capital/#respond Thu, 13 Sep 2018 22:38:38 +0000 http://www.kbklawyers.com/?p=19203 Law.com September 13, 2018 Brian Kabateck, the lead lawyer on the complaint, said that some former Dickstein Shapiro partners, who knew him through his role as the president of the Los Angeles County Bar Association, reached out to him to try to cover their lost capital contributions. To read more, click here.

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Law.com

September 13, 2018

Brian Kabateck, the lead lawyer on the complaint, said that some former Dickstein Shapiro partners, who knew him through his role as the president of the Los Angeles County Bar Association, reached out to him to try to cover their lost capital contributions. To read more, click here.

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KBK’s Brian Kabateck is fighting on behalf of mobile home park residents whose homes are sinking into a landfill http://www.kbklawyers.com/kbks-brian-kabateck-is-fighting-on-behalf-of-mobile-home-park-residents-whose-homes-are-sinking-into-a-landfill/ http://www.kbklawyers.com/kbks-brian-kabateck-is-fighting-on-behalf-of-mobile-home-park-residents-whose-homes-are-sinking-into-a-landfill/#respond Tue, 11 Sep 2018 20:32:18 +0000 http://www.kbklawyers.com/?p=19190 NBC 4 News September 10, 2018 Long Beach Post September 10, 2018 Their homes are sinking into a closed North Long Beach landfill, so they sued. The bulge of asphalt that bisects a road inside the Friendly Village Mobile Home Park has a nickname: The Destroyer. “It’s taken out all kinds of cars,” said Roger Lackey, a 14-year resident of the park. “I once saw a cop car get stuck.” To read more, click here.   Press-Telegram More than 200 Long Beach mobile home park residents take owners to court When Alexandrina Cabrera first checked out Long Beach’s Friendly Village Mobile Home Park in North Long Beach, it seemed like a good place to live. After seeing its central location, being close to parks, restaurants and grocery stores, she decided to move there. Once she did, however, she said she ran into a slew of problems: sinkholes, rats, possums, sewage bubbling up, and flooding that led to mold were among them. It was about three months before Cabrera realized what she had gotten herself into. To read more, click here.      

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NBC 4 News

September 10, 2018

Long Beach Post

September 10, 2018

Their homes are sinking into a closed North Long Beach landfill, so they sued.

The bulge of asphalt that bisects a road inside the Friendly Village Mobile Home Park has a nickname: The Destroyer. “It’s taken out all kinds of cars,” said Roger Lackey, a 14-year resident of the park. “I once saw a cop car get stuck.” To read more, click here.

 

Press-Telegram

More than 200 Long Beach mobile home park residents take owners to court

When Alexandrina Cabrera first checked out Long Beach’s Friendly Village Mobile Home Park in North Long Beach, it seemed like a good place to live. After seeing its central location, being close to parks, restaurants and grocery stores, she decided to move there. Once she did, however, she said she ran into a slew of problems: sinkholes, rats, possums, sewage bubbling up, and flooding that led to mold were among them. It was about three months before Cabrera realized what she had gotten herself into. To read more, click here.

 

 

 

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20th Century Fox’s Sex Offender Problem with “The Predator” http://www.kbklawyers.com/20th-century-foxs-sex-offender-problem-with-the-predator/ http://www.kbklawyers.com/20th-century-foxs-sex-offender-problem-with-the-predator/#respond Fri, 07 Sep 2018 18:21:03 +0000 http://www.kbklawyers.com/?p=19187 Written on behalf of Brian Kabateck September 7, 2018 Popcorn movies such as 20th Century Fox’s “The Predator” are designed to come with little controversy. The film is about a vicious fight between aliens and humans and is the fifth installment in the Predator franchise. However, a casting choice by the director created some controversy and places the issue of how to view sex offenders into the forefront. Director Shane Black chose to cast his friend Steven Wilder Striegel in a minor role in the film. Normally, there would be nothing controversial about this, except that Striegel is a registered sex offender. He pleaded guilty in 2010 after facing allegations he attempted to lure a then 14-year-old into a sexual relationship via the Internet (according to the Los Angeles Times). One of his co-stars, Olivia Munn, told Fox about this problem and executives there immediately decided to cut him from the film. Fox claimed it had no prior knowledge of Striegel’s past (for which he spent 6 months in jail). Shane Black admitted he knew of his friend’s past and was simply trying to help him out. Striegel also commented he was never put into a situation with any minors […]

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Written on behalf of Brian Kabateck

September 7, 2018

Popcorn movies such as 20th Century Fox’s “The Predator” are designed to come with little controversy. The film is about a vicious fight between aliens and humans and is the fifth installment in the Predator franchise. However, a casting choice by the director created some controversy and places the issue of how to view sex offenders into the forefront.

Director Shane Black chose to cast his friend Steven Wilder Striegel in a minor role in the film. Normally, there would be nothing controversial about this, except that Striegel is a registered sex offender. He pleaded guilty in 2010 after facing allegations he attempted to lure a then 14-year-old into a sexual relationship via the Internet (according to the Los Angeles Times). One of his co-stars, Olivia Munn, told Fox about this problem and executives there immediately decided to cut him from the film. Fox claimed it had no prior knowledge of Striegel’s past (for which he spent 6 months in jail). Shane Black admitted he knew of his friend’s past and was simply trying to help him out. Striegel also commented he was never put into a situation with any minors around him.

As the #metoo movement has progressed, questions have arisen as to how the redemption process should work. If Striegel spent time in prison and is a registered sex offender, should he be allowed to work in his chosen profession? According to all reports, he was not working with anyone under the age of 18, so it is easy to see how this is a complicated process. Other personalities accused of some form of sexual misconduct are attempting to return to the limelight as well, and their return has been met with controversy. Louis C.K. has returned to performing standup and Aziz Ansari is once again producing his show for Netflix.

For public facing companies, such as 20th Century Fox and Netflix, the question is “how long should they wait?” Ansari’s accuser was immediately attacked as a large portion of the population, including many feminists, felt he did nothing wrong. Louis C.K. was more severe, but he allegedly asked permission before his behavior. While it’s easy to see that Bill Cosby is now a convicted criminal and Harvey Weinstein could be soon, these other individuals create a more complicated landscape. The first concern should be the victims, but do sex offenders and those guilty of some form of sexual harassment have the right to earn a living?

As #metoo evolves, these questions will surely be sorted out, but it will be done so publicly and often painfully. Victims may have to watch their perpetrators return to the public eye and even receive applause for their entertainment value. For women working at corporations or organizations, this process is a difficult and challenging one. Time will tell exactly how these men are viewed and how/if the redemption process takes shape.

If you or a loved one has experienced sexual abuse you must learn more about your legal rights to receive compensation. Give one of our experienced personal injury attorneys at Kabateck LLP a call today to learn more about recovering damages and to explore your options. We can help you achieve the maximum compensation for the harm you or a loved one has suffered.

 

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Uber and Sexual Assault http://www.kbklawyers.com/uber-and-sexual-assault/ http://www.kbklawyers.com/uber-and-sexual-assault/#respond Fri, 31 Aug 2018 18:11:51 +0000 http://www.kbklawyers.com/?p=19184 Written on Behalf of Brian Kabateck August 31, 2018 Complaints and accusations of sexual assault have come from numerous Uber passengers as well as drivers. A recent investigation of the issue by CNN found that 103 Uber drivers across the country were accused of sexual assault or abuse. Since then, stories have continued to pour out of innocent people attempting to use the ride-sharing service to get home from a party or work only to be the victim of some form of sexual misconduct. One individual was sentenced to 80 years in prison because after he was arrested for sexually assaulting a passenger, police found at least five years’ worth of material on his computer of him sexually assaulting other women and even children. The problem for Uber is two-fold. First, they don’t do sufficient background checks and second, they portray an image of safety to both the drivers and passengers that is not real. While cab drivers often have some sort of glass or partition in the car for protection, and may even have some sort of stick or bat to protect themselves, Uber drivers pick up a few hours of work here and there in their own vehicles […]

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Written on Behalf of Brian Kabateck

August 31, 2018

Complaints and accusations of sexual assault have come from numerous Uber passengers as well as drivers. A recent investigation of the issue by CNN found that 103 Uber drivers across the country were accused of sexual assault or abuse. Since then, stories have continued to pour out of innocent people attempting to use the ride-sharing service to get home from a party or work only to be the victim of some form of sexual misconduct. One individual was sentenced to 80 years in prison because after he was arrested for sexually assaulting a passenger, police found at least five years’ worth of material on his computer of him sexually assaulting other women and even children.

The problem for Uber is two-fold. First, they don’t do sufficient background checks and second, they portray an image of safety to both the drivers and passengers that is not real. While cab drivers often have some sort of glass or partition in the car for protection, and may even have some sort of stick or bat to protect themselves, Uber drivers pick up a few hours of work here and there in their own vehicles and are not prepared to deal with dangerous passengers. Likewise, passengers act as if they are being driven by a professional driver, but truthfully Uber does not recognize the drivers as employees and provide little to no training on any aspect of their job.

Dozens of Uber drivers are currently facing criminal charges and worse, many other drivers have criminal pasts for which they were not screened properly. Uber did not start screening passengers much until there was a public outcry over the issue.

Tips for Female Passengers

There are times of the day and certain situations when Uber is more dangerous. Female passengers riding alone at night in more secluded areas are particularly vulnerable, so if possible ride with someone else (male or female) and that will dissuade certain behavior by potential perpetrators. In addition, while Uber and Lyft do not allow you to request the gender of your driver, there are ride-share programs that are “all female” such as Safr which is a ride-sharing app available in some parts of the country. Cab and limo companies also may allow you to choose a female driver.

Lastly, women who are extremely inebriated are more at risk of being sexually assaulted in almost any situation, but that includes Uber and Lyft rides. If a woman is headed into a situation where she may drink, having a sober person along that night to help with logistics may help prevent a number of potentially dangerous situations.

While Uber is dragging its feet in creating solutions to protect passengers and drivers from sexual assault, women must find effective ways to protect themselves.

While sexual assault and molestation can lead to criminal prosecution, a civil lawsuit is the only way that sexual abuse victims can recover monetary damages for the emotional and psychological harm they’ve suffered.

In some circumstances, a plaintiff can bring a claim against a third party in addition to the perpetrator. Examples include suing a school district if a teacher sexually abused a student or bringing actions against a city and its police department if an officer sexually assaulted a civilian.

A civil lawsuit can enact change, provide remedies and protects the private rights of victims. Although a lawsuit can’t undo the harm caused by the perpetrator, it allows victims to obtain compensation for damages which can pay for medical or therapy bills, loss wages, loss of enjoyment in life and provide a sense of vindication that can help assist with recovery and healing.

If you or a loved one has experienced sexual abuse you must learn more about your legal rights to receive compensation. Give one of our experienced personal injury attorneys at Kabateck LLP a call today to learn more about recovering damages and to explore your options. We can help you achieve the maximum compensation for the harm you or a loved one has suffered.

 

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KBK represents a Ventura family that filed the first lawsuit involving smoke and ash damage to their home following the Thomas Wildfire http://www.kbklawyers.com/kbk-represents-a-ventura-family-that-filed-the-first-lawsuit-involving-smoke-and-ash-damage-to-their-home-following-the-thomas-wildfire/ http://www.kbklawyers.com/kbk-represents-a-ventura-family-that-filed-the-first-lawsuit-involving-smoke-and-ash-damage-to-their-home-following-the-thomas-wildfire/#respond Fri, 24 Aug 2018 22:29:25 +0000 http://www.kbklawyers.com/?p=19176 VC Star August 15, 2018 A Ventura couple whose home was damaged in the Thomas Fire, sued their insurance company this month over a term in their policy that caps repair costs. The couple’s attorney, Brian Kabateck, said there is precedence in the Los Angeles courts where sublimits have been found illegal. One of those cases involves Farmers Insurance, he said. To read the full article, click here.

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VC Star

August 15, 2018

A Ventura couple whose home was damaged in the Thomas Fire, sued their insurance company this month over a term in their policy that caps repair costs. The couple’s attorney, Brian Kabateck, said there is precedence in the Los Angeles courts where sublimits have been found illegal. One of those cases involves Farmers Insurance, he said. To read the full article, click here.

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FDA Under the Microscope for Approving Dangerous Devices http://www.kbklawyers.com/fda-under-the-microscope-for-approving-dangerous-devices/ http://www.kbklawyers.com/fda-under-the-microscope-for-approving-dangerous-devices/#respond Fri, 24 Aug 2018 17:57:46 +0000 http://www.kbklawyers.com/?p=19173 Written on behalf of Brian S. Kabateck August 24, 2018 This summer’s scariest horror flick is the true-life stories of dozens of people who have experienced enormous pain and suffering because of dangerous medical devices. The Netflix documentary “The Bleeding Edge” presents harrowing accounts of victims who have suffered severe complications from FDA-approved products that are marketed as safe for consumers. The filmmakers reveal how an outdated approval process provides loopholes for medical device makers, which allows many devices to go to market without sufficient clinical testing. Some of the most heartbreaking stories involved women who used the surgically implanted, permanent contraceptive device called Essure. The metal coil, used as an alternative to tubal ligation, is manufactured by Bayer which faces more than 16-thousand lawsuits filed by plaintiffs alleging medical problems ranging from migraines, organ perforations and dangerous pregnancies according to consumersafety.org. The film described how women across the country are speaking out and using social media to organize and commiserate about a myriad of medical issues. It appears Bayer got the message. The pharmaceutical giant decided to pull Essure from the United States market by the end of the year. The other dangerous devices profiled in the film include […]

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Written on behalf of Brian S. Kabateck
August 24, 2018

This summer’s scariest horror flick is the true-life stories of dozens of people who have experienced enormous pain and suffering because of dangerous medical devices. The Netflix documentary “The Bleeding Edge” presents harrowing accounts of victims who have suffered severe complications from FDA-approved products that are marketed as safe for consumers. The filmmakers reveal how an outdated approval process provides loopholes for medical device makers, which allows many devices to go to market without sufficient clinical testing.

Some of the most heartbreaking stories involved women who used the surgically implanted, permanent contraceptive device called Essure. The metal coil, used as an alternative to tubal ligation, is manufactured by Bayer which faces more than 16-thousand lawsuits filed by plaintiffs alleging medical problems ranging from migraines, organ perforations and dangerous pregnancies according to consumersafety.org.

The film described how women across the country are speaking out and using social media to organize and commiserate about a myriad of medical issues. It appears Bayer got the message. The pharmaceutical giant decided to pull Essure from the United States market by the end of the year.

The other dangerous devices profiled in the film include a cobalt-based hip replacement that allegedly causes neurological problems from metal poisoning. And if that doesn’t sound scary enough, a group of women described the gory aftermath involving their botched hysterectomies, performed with a robotic surgical device.

One of the most shocking cases profiled in this film is the story of a nurse who had a transvaginal mesh (TVM or “pelvic mesh”) implanted to relieve pelvic organ prolapse. It wasn’t long before she started suffering from excruciating pain because the mesh eroded and migrated, causing sharp shards of plastic to move throughout her body which can cut or slice organs and tissue. When surgeons tried to remove the mesh, it was so deeply embedded in her body that it was impossible to get all of the plastic shards. It turns out that the manufacturer, Johnson & Johnson never tested the TVM before the FDA’s 510(K) process fast tracked the device’s approval, allowing doctors to put the pelvic mesh into millions of women’s bodies.

Our firm obtained a $16 million ongoing settlement for clients who had the defective Trans-Vaginal Mesh product implanted in their bodies that resulted in various complications often resulting in the need to have the mesh surgically removed. This was part of a mass tort action.

A mass tort is a civil action that involves a large group of plaintiffs who’ve suffered injuries and consolidate their cases to sue one or a few corporations in state or federal court.
In U.S. federal courts, mass tort claims are frequently consolidated as multi-district litigation. While the plaintiffs may live in different geographical locations, they share a common injury or damage.

Mass disaster torts, mass toxic torts and consumer product liability torts are the main categories associated with this cause of action. A mass tort action is different from a class action. In a mass tort action, each plaintiff has an individual claim resulting from unique damages. Each plaintiff receives his or her own separate trial, unlike in a class action where the many plaintiffs typically are not considered individually and there is only one trial.

KBK has many years of experience handling mass tort cases and multi-district litigation.
If you or a loved one has experienced injuries due to a disaster, a dangerous drug or a defective product, contact one of our experienced attorneys at Kabateck Brown, LLP to learn more about recovering damages and to explore your options.

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