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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?
Every 15 seconds someone suffers a brain injury
Brain injury patients that have experienced permanent brain injury symptoms can sometimes learn to compensate for the lost functioning with the proper brain injury treatment. This brain injury treatment can be costly and emotionally upsetting, in addition the brain injury may have limited the brain injury victim's previous work and social activities.
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Definition:
A wrong or tort. Injuries are divided into public and private; and they affect the. person, personal property, or real property.
Bodily Injury
Definition:
A cut, abrasion, bruise, burn, or disfigurement; physical pain, illness, impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary.
Occupational Disease
Definition:
An illness resulting from long-term employment in a particular type of work, such as mesothelioma (a type of cancer) from workers exposed to asbestos.
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