2015 | Dolan Law Firm

What are the rules on camera use in nursing homes?

Overmedication is a form of elder abuse

If you have to make the difficult decision to place your elderly loved one in a California nursing home, you may be concerned about the level of safety and care your family member will receive while there. One way you may wish to ensure that he or she is treated properly is by placing a camera in his or her private rooms. New changes to the guidelines governing the use of cameras in these facilities may finally give you and other families in similar circumstances around the state the chance to do so.

Federal Lawsuit Filed To Deem Jahi McMath Alive

Two years ago Jahi McMath was pronounced dead. Despite overwhelming evidence that Jahi McMath does not meet the criteria established under California law for brain death, the State of California and County of Alameda have refused to acknowledge Jahi’s humanity and continue to deprive her of the civil rights provided to all living persons under the U.S. Constitution and Federal law. Today, the Dolan Law Firm on behalf of Jahi and her mother Nailah Winkfield filed a federal lawsuit for violation of Jahi’s civil rights.

Wrongfully Tased by Police. What Are My Rights?

Police Officer.jpg

Today’s question comes from Marvin in the East Bay who asks: “I was recently tasered by the police when I had not done anything wrong. They were going to arrest some other dude and when I said I had nothing to do with anything I got tasered. I didn’t threaten anybody and I had nothing to do with the crime which they accused the other guy of doing. I was never even accused of being involved in the crime before I was tasered. They originally claimed that I was resisting arrest and interfering with law enforcement but the charges were dropped. What are my rights?”

Marvin, what has happened to you seems to be reflective of what is happening in our society today.

Pedestrian vs. bus accidents: You can seek compensation

Tour Bus moving on San Francisco street in the evening

With public transportation, you probably feel like you’re going to get where you’re going safely. That may be the case most of the time, but it’s still possible to get in accidents while on a bus or train.

What is the Law Regarding Gift Cards?

All images on the gift cards are copyright of myself and available separately if needed.

Kim M from Pacific Heights asks ” I want to get my daughter a gift card for the holiday but I have heard that they have fees and expiration dates that can result in the card losing most or all its value. What is the law regarding these gift cards?”

Kim, gift cards can be good for both the retailer and the receiver.The receiver can take advantage of the after Christmas sales to get more for their money and the retailers get cash up front, without reducing inventory. These cards used to be more of a benefit for retailers but the California Legislature, in combination with certain consumer rights groups, have enacted legislation designed to protect consumers.

You can get compensation for car accident injuries

Traffic collision

It’s not very often that you go a day without hearing about a car accident somewhere in town. They’re common, but that doesn’t mean they need to happen. Dangerous and negligent drivers need to be kept off the roads to prevent injuries and deaths from taking place. If you’ve been in a car accident, you know that you deserve more than to be hurt when you’re doing your part on the roads.

The Dangers of E-Cigarettes

Mr. Dolan,

My college age son came home from college for the Thanksgiving Holiday and went out with a bunch of friends. He isn’t a smoker, but one of the boys he was with had an E-Cigarette and he wanted to try it. He has never used one before. This was a brand new device that the friend had just purchased. When my son attempted to use the cigarette, it became a ball of fire and severely burned his face. My son is no longer on our insurance, and is not working. We are now facing very large medical expenses, and no one can tell us if his face will completely heal. What are our rights, and how is such a dangerous thing allowed on the market?

Study: Voice activated systems in cars may be distracting

Male driver using mobile phone in car, horizontal

According to Distraction.gov, California is one of many states in the nation that has enacted a handheld ban for mobile devices while drivers are operating their vehicles. This ban includes cell phone use for calls and texts. In response to these laws, many companies have begun to manufacture and market hands-free systems that allow drivers to engage in their old behaviors, such as placing calls and sending texts and emails, all without the dangers of handheld devices. However, a recent study by the American Automobile Association’s Foundation for Traffic Safety has found that these hands-free systems may be more distracting than their original counterparts.

You can fight for compensation after a bike accident

biking in the city

Getting into a bicycle accident can happen suddenly. You may get bumped from behind by a vehicle, passed by a car that gets too close and forces you off the road or could even be hit in a head-on collision. Drivers don’t always prepare for cyclists on the road, and that can make cycling dangerous.

Is A Landlord Responsible For A Person Slipping And Falling On The Apartment Stairs?

This week’s question comes from Kimmie L: “Wet weather recently has led to the steps and stairs at my apartment entrance to be slippery. I fell and ended up at the emergency room. Is my landlord responsible?”