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Tina Westveer

Rain covered windshield during monsoon season.

Arizona Monsoon Season Safety Tips and Risks

By Car Accident, Pedestrian Accident, Personal Injury

The Arizona monsoon season is notorious for its sudden, powerful storms that can bring heavy rainfall, strong winds, and flash floods. While these storms can offer some relief from the desert heat, they also pose significant risks for drivers, pedestrians, and property owners. The monsoon season is one of the most dangerous times of the year, with unpredictable weather that can quickly turn deadly.

  • Heavy Rainfall: Arizona is not accustomed to large amounts of rain, and the sudden downpours during monsoon storms can lead to flash flooding. Flash floods can turn streets into rivers, causing car accidents and injuries.
  • Strong Winds: Winds can reach up to 60 mph during monsoons, knocking over trees and power lines, and causing debris to fly through the air.
  • Reduced Visibility: Dust storms, or haboobs, often accompany monsoon rains, significantly reducing visibility for drivers and increasing the risk of collisions.

Monsoon Safety Tips

To stay safe during the Arizona monsoon season, consider these safety tips:

  • For Drivers:

    • Slow down and keep a safe distance from other vehicles, especially during rain or dust storms.
    • Avoid driving through flooded areas. It only takes six inches of moving water to sweep a car off the road.
    • Use headlights during low-visibility conditions and be cautious of debris on the road.

  • For Pedestrians:

    • Avoid walking near flood-prone areas, such as underpasses or low-lying roads.
    • Be aware of slippery sidewalks and streets after rainfall.
    • Stay in well-lit areas, especially during the evening or after a storm.

  • For Property Owners:

    • Clear gutters and drains to prevent water buildup around your property.
    • Ensure any outdoor furniture or fixtures are securely fastened to avoid damage from strong winds.

Can You Sue for Monsoon-Related Accidents?

If you are injured or suffer property damage during the Arizona monsoon season, you may be wondering if you can take legal action. The answer depends on the situation:

  • Car Accidents: If another driver’s reckless behavior during a monsoon leads to an accident, you may have grounds for a personal injury claim. For example, if a driver does not adjust their speed during heavy rain and causes a collision, their negligence may make them responsible for your injuries.

  • Slip and Fall Accidents: Property owners must take reasonable steps to maintain safe conditions, even during a storm. If a business or homeowner neglects to clear water from sidewalks or repair hazards caused by the rain, they could be liable for any accidents that occur.

  • Flooding and Property Damage: If your property is damaged due to the failure of a property owner to prepare for the monsoon, you may have the right to file a claim. This could include failure to maintain proper drainage or secure loose items that could cause damage during strong winds.

Why Hire Fielding Law

Navigating the legal aspects of an accident or property damage during the Arizona monsoon season can be challenging. At Fielding Law, we specialize in helping victims recover compensation for injuries and property damage caused by weather-related accidents. If you have been injured or your property was damaged during a monsoon, our experienced team can help you understand your legal options. For a free consultation, contact Fielding Law at 833.88.SHARK.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 30, 2025
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Huntington Beach Boardwalk

Injured on the Huntington Beach Boardwalk?

By Bicycle Accident, Pedestrian Accident, Personal Injury, Skate & Skateboarding Accident, Slip or Trip and Fall

Huntington Beach is a favorite spot for locals and visitors. From surf competitions to street festivals, the boardwalk stays active all year.

But when bikes, scooters, and skaters share space with walkers and beachgoers, accidents happen. If you were injured on the Huntington Beach boardwalk, you may wonder who is liable.

Each type of boardwalk user creates different risks. Understanding those risks and whether insurance applies can help you move forward.

Paddleboards and Surfboards on Bikes

Many cyclists carry surfboards or paddleboards strapped to the side of their bikes. These large objects often stick out several feet, making them hazardous in crowded areas.

A sudden gust of wind, a tight turn, or a small bump can send these boards swinging into people walking nearby. Even careful riders can unintentionally injure others.

Insurance Coverage

Most cyclists do not carry liability insurance. However, a homeowner’s or renter’s insurance policy may offer personal liability coverage. It depends on the policy. If the biker was negligent and their actions caused the injury, a claim may be possible under that policy.

Walkers

Walkers are typically the most vulnerable group on the boardwalk. They are often the ones hit rather than the ones causing accidents. However, they can still create dangerous situations.

If someone stops suddenly, walks in a group that blocks the path, or turns without looking, others may be forced to swerve or crash.

Insurance Coverage

Walkers rarely carry any form of liability insurance unless they own a homeowners or renters policy. If they caused an injury, those policies might provide some coverage. Medical bills for their own injuries would likely go through health insurance.

Rollerbladers and Skateboarders

Rollerbladers and skateboarders move faster than most walkers and can weave in and out of foot traffic. These riders often do not wear protective gear and may perform tricks or make sudden moves.

A fall or collision can cause serious harm, especially to pedestrians. These riders are expected to be in control and aware of their surroundings.

Insurance Coverage

Some riders may have coverage under their family’s homeowners or renters insurance. Others may not have any liability coverage at all. If they were acting recklessly, they may be held personally responsible.

Tandem Bikes, Trikes, and Multi-Person Rentals

These bikes are often rented for fun by families or groups. But they are large, heavy, and difficult to maneuver in tight spaces. Many riders are not used to steering them.

They can block the path, tip over, or accidentally crash into walkers and solo riders. Accidents may involve multiple people and be more severe due to the weight of the vehicle.

Insurance Coverage

Some rental companies carry commercial liability insurance. Others may require riders to sign waivers. These waivers are not always enforceable. Whether the company or the rider is liable depends on the cause of the accident and the terms of the rental agreement.

Electric Scooters

Electric scooters can hit speeds up to 15 mph. They are easy to rent using an app, but they are not easy to control. Many people ride without helmets or any experience.

They often weave through crowds or zip past walkers with little warning. Accidents involving electric scooters are becoming more common in busy beach areas.

Insurance Coverage

Some scooter companies provide limited liability coverage. Riders usually agree to terms that shift most of the responsibility to them. Personal insurance policies may not cover electric scooter use. This often leaves injury victims with few clear answers unless an attorney investigates.

Electric Bikes

Electric bikes, or e-bikes, are faster and heavier than standard bikes. Some can go as fast as 28 mph. A collision with an e-bike can be just as damaging as a crash with a motorcycle.

Riders may not have proper training or safety gear. Many treat e-bikes like toys when they should be treated like motor vehicles.

Insurance Coverage

E-bikes fall into a legal gray area. Standard bike insurance usually does not apply. Auto insurance often does not cover them either. A homeowner’s or umbrella policy might offer some coverage, but it depends on the details. Rental e-bikes may be covered by commercial insurance, but not always.

Why Hire Fielding Law

If you were injured on the Huntington Beach boardwalk, you deserve a law firm that listens and acts.

Fielding Law understands how chaotic boardwalk accidents can be. Liability is not always clear, and insurance companies do not make it easy.

Our experienced team investigates every angle, speaks with witnesses, and identifies the right path forward. We treat every case with care, professionalism, and compassion.

Whether you were injured on the Huntington Beach boardwalk as a pedestrian, rider, or visitor, we can help you understand your options.

Call Fielding Law at 833.88.SHARK or fill out the form on our Contact Us page for a free call back to discuss your injuries.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 29, 2025
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car on a lift at an auto shop with a tech looking at it after an accident claim

What Is a Diminished Value Claim?

By Car Accident

When your vehicle is damaged in an accident, even after repairs, its market value may drop. This drop is called diminished value—and it can mean real financial loss.

If the accident was not your fault, you may be entitled to file a diminished value claim. This claim can help you recover the difference between your car’s pre-accident and post-repair value.

What is a Diminished Value Claim?

A diminished value claim refers to the loss in resale value of a vehicle after it has been in a crash and repaired. Even high-quality repairs do not erase a car’s accident history. Buyers often pay less for a vehicle that has been in an accident.

There are three common types of diminished value:

  • Inherent Diminished Value: The most common type. It refers to loss in value simply because the vehicle has a crash history.

  • Repair-Related Diminished Value: Occurs when repairs are done poorly or with non-original parts.

  • Immediate Diminished Value: The difference in resale value before and right after the accident.

Each type may affect your claim depending on the damage and repair quality.

When Can You File a Diminished Value Claim?

You may be able to file a diminished value claim if:

  • You were not at fault in the accident

  • The vehicle was repaired

  • The repairs did not restore full value

  • You live in a state that allows these claims

Both California and Arizona allow diminished value claims. However, insurance companies may not offer this information upfront. It is important to act quickly and understand your rights.

How to Prove Diminished Value

Insurance companies often deny or minimize these claims. You may need:

  • A professional appraisal

  • Pre-accident and post-repair vehicle valuations

  • Repair invoices

  • Evidence of loss in value

This process can be complex, especially when insurers push back. That is why having strong legal guidance matters.

Why Legal Help Matters

Filing a diminished value claim often involves negotiation and proof. Insurance companies may try to undervalue your claim or deny it altogether. A skilled attorney understands how to build your case and present the right evidence.

Why Choose Fielding Law

Fielding Law knows how frustrating it can be to deal with insurance after an accident. You deserve someone who cares about your loss and knows how to recover it. Our team approaches every case with compassion, clarity, and capability. We understand diminished value claims and will fight to help you recover what you are owed.

At our firm, we do not just settle for less. We take time to understand the damage—financial and emotional—and pursue the full value of your claim.

Call us today at 833.88.SHARK or fill out the contact form here. 

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 28, 2025
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Seatbelt in the back of a car with white seats

7 Things to Know About Wearing a Seatbelt

By Car Accident

A seatbelt is one of the simplest and most effective features for drivers and passengers, serving as the initial safeguard in the event of a collision. By fitting your body, the seatbelt keeps you safely in place and prevents you from being thrown forward or ejected during sudden stops or crashes. The seatbelt functions by spreading the force from an accident over the stronger parts of your body, instead of allowing it to hit one weak spot, which can cause more harm. Now that we understand how important seat belts are, let’s look at some points you might not know about these protective devices. 

1. A Seatbelt Can Reduce Your Risk of Dying

According to the CDC, seatbelts reduce the risk of death by 50% for rivers and front-seat passengers. Despite their proven effectiveness, millions of people still travel without buckling up. Wearing your seatbelt is one of the easiest and most important ways to protect yourself in the event of a crash. 

2. Seatbelts Are Stronger Than You Think

Seatbelts are made from strong, tightly woven polyester designed to withstand extreme force. This material resists stretching, holds its shape in a crash, and helps keep passengers secure. 

3. The #1 Life-Saving Car Feature 

According to the NHTSA, from 2960 to 2012 seatbelts saved more lives than all other vehicle technologies combined, including airbags and energy-absorbing steering systems. Buckling up remains the simplest and most powerful step you can take to stay safe on the road.  

4. Think Hips, Not Stomach 

Keep the lap belt low on your hips, not across your stomach. This position helps your body absorb crash forces in a safer way and protects your vital organs. Wearing the belt too high can cause serious injuries to your abdominal organs and lower spinal cord.

5. Standardization of Seatbelts

Nash Motors pioneered the use of seatbelts in automobiles, but their practices were considered unpopular, and buyers were ultimately not interested and requested that they be removed. Despite the opposition, Nash paved the way for future safety advancements in automobiles, leading to mandatory seatbelts in 1968.  

6. Why Airbags 

Airbags cushion and protect occupants by reducing the impact force during a collision. Paired with seatbelts, they are a dynamic team, as the seatbelt keeps you positioned so the airbag can then secure and ease the force of impact 

7. Tighten in an Instant 

In a crash, the seatbelt adjusts instantly upon impact to remove any slack and ensure a snug fit. This way, the passenger is protected and increases their chances of non-injury and life expectancy in a crash. 

Why Hire Fielding Law 

 At Fielding Law, we understand how frustrating it is when accidents are caused by someone else’s negligence. One thing you have power over is how you protect yourself, and a seatbelt is the best way you can do this. If you or a loved one has been in an accident, call 833.88.SHARK to speak with an experienced and caring attorney today. Your consultation is free, and our team is here to support you. 

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 27, 2025
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Bouncy House in a grassy yard with trees behind it.

Bouncy House Injury Liability

By Personal Injury, Premises Liability, Product Liability, Slip or Trip and Fall

Common Causes of a Bouncy House Injury

Accidents in bounce houses happen more often than people think. Children can suffer serious injuries including broken bones, concussions, or sprains. These injuries often result from:

  • Overcrowding or lack of supervision

  • Improper setup or anchoring of the inflatable

  • Faulty or damaged equipment

  • Wind-related movement or lift-off

  • Bigger children jumping near smaller children

Each of these situations could indicate that someone was negligent.

Who May Be Held Responsible

Several parties could be responsible for a bouncy house injury. Determining liability will depend on the circumstances. Possible parties include:

  • The rental company – If they failed to inspect or safely set up the inflatable

  • The event host – If they allowed overcrowding or unsupervised play

  • The manufacturer – If a design or production flaw caused the injury

  • A property owner – If the inflatable was placed on unsafe or sloped ground

Liability is not always straightforward. Sometimes more than one party is at fault. A legal professional can help determine the best course of action.

What You Can Do Next

If your child was injured in a bouncy house, take these steps:

  1. Seek medical treatment right away

  2. Take photos of the inflatable and the area

  3. Collect contact information from witnesses

  4. Do not speak with insurance companies without legal guidance

  5. Reach out to a personal injury attorney as soon as possible

Why Choose Fielding Law

You do not have to figure this out alone. Fielding Law offers compassionate, capable help for families facing tough situations. We take the time to listen, explain your rights, and build a strong case on your behalf. We are not just here for legal answers—we are here for your peace of mind.

At Fielding Law we offer free consultations and work on a contingency fee basis. That means you pay nothing unless we win.

Contact Fielding Law or call 833.88.SHARK today to speak with our caring legal team.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 26, 2025
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Yellow and Red roller coaster at Knott's Berry Farm

Injured at Knott’s Berry Farm?

By Pedestrian Accident, Personal Injury, Premises Liability, Product Liability, Slip or Trip and Fall

Injured at Knott’s Berry Farm? Here is What You Need to Know

A visit to Knott’s Berry Farm should be an exciting experience, but accidents can still happen. If you are injured at Knott’s Berry Farm, knowing the right steps to take will help you protect your health and legal rights. Follow this guide to understand what you need to do after an injury at the park.

1. Report the Injury Immediately

Report the incident to park officials as soon as possible. Be clear about the details of your injury and how it occurred. The park staff will document the accident and file an official report. This report will serve as crucial evidence if you decide to file a claim later.

2. Seek Medical Attention

Always seek medical attention after an injury, even if you feel fine at the moment. Some injuries, like internal damage or fractures, may not be immediately visible. Getting a professional evaluation creates an official record of your injuries, which can be vital for your case.

3. Gather Evidence at the Scene

Collect evidence right after the injury. Take photos of the area where the accident happened, including any hazards like wet floors, broken equipment, or malfunctioning rides. If there are witnesses, get their contact information. Gathering this evidence will help strengthen your case by proving that the park may be liable for the injury.

4. Avoid Speaking to the Insurance Company Before Consulting an Attorney

Do not give a statement to the insurance company before you consult an attorney. Insurance companies often try to minimize their payout, and anything you say may work against you. Fielding Law will help you navigate the insurance process and ensure that your rights are protected.

5. Contact an Experienced Personal Injury Attorney

When you are injured at Knott’s Berry Farm, you should contact an attorney with experience in premises liability cases. At Fielding Law, we specialize in representing clients injured at theme parks and other public venues. We will fight to ensure that your case receives the attention it deserves.

What Should You Include in the Injury Report?

When reporting the injury, make sure to include the following details:

  • The date, time, and location of the incident

  • A detailed description of how the injury occurred

  • Photos of the scene, if available

  • Contact information of any witnesses

  • A description of your injuries and the medical care you received

Why Hire Fielding Law?

If you sustain an injury at Knott’s Berry Farm, working with an experienced attorney will help you protect your rights. At Fielding Law, we will ensure that you receive fair compensation for your injuries. Our team will guide you through the claims process and fight to hold the responsible parties accountable.

If you have been injured at Knott’s Berry Farm, contact us at 833.88.SHARK. We will help you get the justice and compensation you deserve.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 23, 2025
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Clark Fielding Riviera Magazine Feature

Clark Fielding Shines in Modern Luxury Riviera OC Magazine

By Firm News and Celebrations, Personal Injury

Clark Fielding Featured in Riviera Magazine

We are excited to share that Clark Fielding, founding attorney of Fielding Law, has been named a Power Player by Modern Luxury – Riviera Magazine. The feature highlights Clark’s leadership, values, and the impact he has made through his work in plaintiff personal injury law.

Meet Clark Fielding

Clark Fielding is the founding attorney of Fielding Law and the driving force behind its mission and values. He leads with ethics, empathy, and excellence. Clark sets the tone for the entire firm by focusing on client care, encouraging innovation, and mentoring future legal professionals.

He believes success in personal injury law requires staying true to your principles while fiercely advocating for those in need. At Fielding Law, every case shows Clark’s commitment to doing what is right—with integrity, strategy, and heart.

What Fielding Law Does

At Fielding Law, we help individuals and families who have been injured due to negligence. Our team handles complex cases involving catastrophic injuries, wrongful death, and serious accidents with the care, integrity, and determination every client deserves. We proudly serve clients throughout California and Arizona, always putting people first.

If you need trusted legal support, Fielding Law is here to help.
Call 833.88.SHARK for a free 24/7 consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 22, 2025
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a person passing a report for a personal injury to another person. There is a desktop with paper and a laptop in the background.

Reporting an Injury: Who to Contact and What to Include

By Car Accident, Dog / Animal Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Slip or Trip and Fall

If you have been injured due to an accident or unsafe conditions, reporting your injury correctly is essential. Whether it is a car accident, a slip-and-fall, or an injury at work, knowing who to report the incident to—and what details to include—can help protect your rights and ensure you receive the compensation you deserve. In this blog, we will guide you through who you need to report your injury to and what should be included in the report.

1. Report to the Property Owner or Manager (For Premises Liability, Dog Bite Injuries, and Slip-and-Fall Accidents)

If your injury occurred on someone else’s property, such as in a store, at a restaurant, or on a sidewalk, the property owner or manager is the first person you should notify.

Why It Is Important:
Reporting to the property owner or manager creates a record of the incident and gives them the chance to document the details. This helps ensure that the injury is officially acknowledged, and the property owner may file an internal report for their insurance company. Reporting the injury also helps you demonstrate that it occurred on their premises, which is vital for proving liability if you file a claim or lawsuit.

What to Include in the Report:

  • Date, time, and location of the injury

  • A description of what caused the injury (e.g., slippery floor, uneven pavement)

  • Names and contact information of witnesses

  • Photographs of the hazardous condition (if possible)

2. Report to Law Enforcement (If Necessary)

In some cases, especially if the injury is serious or involves a dangerous condition (such as a car accident or a slip-and-fall in a public space), you may want to involve law enforcement.

Why It Is Important:
A police report serves as an official account of the incident. This can be helpful in verifying the facts, gathering witness statements, and providing a reliable source of information if you need to pursue legal action. Law enforcement can also help address any ongoing safety issues that could pose further risk to others.

What to Include in the Report:

  • Detailed description of the injury

  • Cause of the accident or unsafe condition

  • Witness statements (if available)

  • Medical attention needed at the scene

3. Report to Your Insurance Company (For Auto or Home Accidents)

If the injury involves an auto accident, a home accident, or another situation where you have personal injury coverage, it is crucial to report the injury to your insurance company. However, before making contact with the insurance company, it is important to contact Fielding Law. We can guide you through the process and help ensure your rights are protected. Do not provide a statement about your injuries to the insurance company before consulting us. Insurance companies may use your statement against you, and we want to ensure that your case is handled properly from the start.

Why It Is Important:
Your insurance policy may cover medical expenses, lost wages, or other damages related to the injury. Reporting the incident to your insurer ensures that the claims process begins promptly and helps ensure that you are financially supported as you recover.

What to Include in the Report:

  • Date, time, and location of the accident

  • Description of what happened

  • Any photos, police reports, or witness statements that may support your claim

What to Include in the Report:

  • Date, time, and location of the accident

  • Description of what happened

  • Any photos, police reports, or witness statements that may support your claim

4. Report to Medical Providers

Seeking medical care after an injury is not only critical for your health but also for creating official documentation of the injury. Medical reports will serve as evidence in your case if you need to file a claim or lawsuit.

Why It Is Important:
Doctors can assess the extent of your injuries, provide treatment, and create medical records that support your claims. This documentation is essential for proving the severity of your injury, the treatment required, and how the injury impacts your daily life.

What to Include in the Report:

  • Details about the injury and how it occurred

  • Any symptoms you are experiencing (pain, swelling, etc.)

  • Treatment and care you have received

  • Expected recovery timeline

5. Report to Your Employer (For Workplace Injuries)

If you have been injured at work, you need to report the incident to your employer or supervisor immediately. This is required by law in many cases and is essential for workers’ compensation claims.

Why It Is Important:
Reporting workplace injuries promptly allows your employer to file a claim with their workers’ compensation insurance. This ensures that you can receive compensation for lost wages, medical treatment, and other damages related to the injury.

What to Include in the Report:

  • Detailed description of the injury and how it occurred

  • Names and contact information of any witnesses

  • Medical treatment you have received or need

  • The impact the injury has on your ability to perform your job

The Bottom Line

Properly reporting your injury is a crucial step in ensuring that you receive the compensation and medical care you deserve. Whether it is reporting to a property owner, law enforcement, your insurance company, or your employer, the goal is to create a clear, official record of the incident and the injury.

At Fielding Law, we understand the importance of this documentation and are here to help guide you through the process. If you need assistance with reporting an injury or filing a claim, do not hesitate to contact us. We are here to help you get the justice and compensation you deserve.

Why Hire Fielding Law?

At Fielding Law, we are committed to helping our clients navigate the complex world of personal injury claims. We understand the intricacies of the reporting process and can provide the guidance you need to ensure that your rights are protected. If you have been injured, contact us at 833.88.SHARK for a free 24/7 consultation. Let us handle the legal aspects while you focus on your recovery.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 22, 2025
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City of Los Angeles City Hall building with other city buildings in the background

Can I Sue the City?

By Public Entity

Accidents that occur due to the negligence of a government entity happen more often than we think. Fortunately, legal resources are accessible to those who suffer a personal injury through these entities. Although public entities are protected by various legal immunities, they can be successfully pursued with the support of a skilled legal team. We will walk you through each stage of the process to help you decide if suing a public entity is the best path forward.  

Identify the Situation 

A public entity is an organization that provides valuable services to the community, often working on behalf of the government or other publicly funded institutions. If you have been involved in an accident on public property or because of the actions of a public employee, you may be eligible to file a claim against the public entity responsible. We want to help you better understand your options. Below are some scenarios to consider as you explore whether you might qualify for a claim.  

Make Sure Timeline Is Accurate

In California, claims against public entities must generally be reported t that entity within six months of the accident. The agency then has forty-five days to respond, and if they reject the claim, you then have six months from the date of rejection to file a lawsuit.  

Steps Before You Sue the City

1.  Seek Medical Attention 

Ensure your safety and the safety of everyone involved. Do not hesitate to get medical help, even if the injuries seem minor. Some issues can surface hours or even days later.  

2. Document the Scene 

Capture clear photos or video of the accident scene, including any hazards, property damage, injuries, weather conditions, and surrounding area. Gather contact information from witnesses, note the time and location, and document any statements made by those involved. This evidence can help clarify what happened and support your claim later.  

3. Contact the Relevant Public Entity  

Notify the appropriate government agency or department involved, such as the city government, public works, or local transit authority depending on your accident. 

Why Choose Fielding Law   

It is often difficult to navigate the complexities of public entity cases, especially when you are trying to sue the city for compensation related to your injuries. But with the help of Fielding Law and our legal expertise, you do not have to face it alone. Our trusted team ensures peace of mind, so that you only need to focus on recovery.

We know this is a challenging time – do not wait any longer. Call 833.88.SHARK  for a free, no-obligation consultation. Let us help you navigate the legal complexities.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 21, 2025
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California Beach with a palm tree and blue sky

Injured at a California State Beach

By Personal Injury, Premises Liability, Public Entity

California’s state beaches are beautiful destinations for locals and tourists alike. However, accidents can happen, leading to serious injuries. Whether you were hurt due to unsafe conditions, negligent lifeguards, or another party’s recklessness, you may be wondering who is responsible and what legal options you have.

Who Is Responsible for a Beach Injury?

Liability for a beach injury depends on the circumstances of the accident. Possible responsible parties include:

  • The State of California – California’s government is responsible for maintaining state beaches, ensuring safety measures are in place, and addressing known hazards.
  • Private Businesses or Vendors – If you were injured at a concession stand, rental facility, or other business operating on the beach, the company may be liable.
  • Negligent Individuals – Another beachgoer may be responsible if their reckless behavior caused your injury, such as boating accidents, reckless jet ski operation, or improperly discarded items.

Common Injuries at California State Beaches

Beach injuries can range from minor to severe and may include:

  • Slip and fall injuries due to uneven walkways, wet surfaces, or hidden hazards
  • Drownings or near-drownings due to lack of lifeguard supervision
  • Cuts and lacerations from sharp objects in the sand or water
  • Burns from hot sand, boardwalks, or fire pits
  • Watercraft accidents involving boats, jet skis, or surfboards

Can You Sue the State of California for a Beach Injury?

Since California state beaches are government-owned, filing a claim against the state follows strict legal procedures. Under the California Tort Claims Act (CTCA):

  • You must file a claim within six months of the injury.
  • The government has 45 days to respond to your claim.
  • If your claim is denied, you may file a lawsuit in civil court.

Proving negligence against the state can be challenging, as the law provides certain immunities for government agencies. However, if the state failed to maintain safe conditions or ignored known hazards, you may have a case.

What Should You Do After a Beach Injury?

If you are injured at a California state beach, your first priority should be to seek medical attention, even if the injury seems minor, as some conditions can worsen over time. Next, report the incident to the lifeguard station or park authorities to ensure there is an official record of what happened. It is also crucial to document everything by taking photos of the hazardous condition, your injuries, and any warning signs that may have been present. If there were witnesses, gather their contact information, as their statements could support your claim. Finally, consult a personal injury attorney who can assess your case, explain your legal options, and help you navigate the claims process.

Why Hire Fielding Law?

Beach injuries can be legally complex, especially when government entities are involved. At Fielding Law, we understand California’s liability laws and are dedicated to helping injury victims seek the compensation they deserve.

If you were injured at a California state beach, contact Fielding Law at 833.88.SHARK for a free consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

May 20, 2025
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