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Personal Injury

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Comparative Fault Explained

By Bicycle Accident, Car Accident, Dog / Animal Bite, Personal Injury, Premises Liability, Wrongful Death

Understanding Comparative Fault

Comparative fault is a legal principle that may impact how much compensation you recover in a personal injury case. It applies when both the injured person and the at-fault party share responsibility. A court or jury will assign percentages of fault, and your award is reduced by the amount of fault assigned to you.

Comparative Fault in California

California follows a pure comparative fault system. Even if you are found 99 percent at fault, you may still recover damages for the 1 percent caused by someone else. For example, if you are injured in a car accident and awarded $100,000 but are found 40 percent at fault for speeding, your recovery would be $60,000.

Comparative Fault in Arizona

Arizona also follows a pure comparative fault system. This means you can pursue compensation even if you bear the majority of the blame. For example, if you are injured in a bicycle accident and the court finds you 30 percent at fault for riding against traffic, you would still recover 70 percent of your damages. If the total damages were $50,000, you would receive $35,000.

How Comparative Fault Applies to Different Cases

Dog Bites

In California and Arizona, dog owners are strictly liable when their dog bites someone. However, if the injured person provoked the dog or was trespassing, comparative fault may reduce the compensation.

Car Accidents

Car accidents often involve multiple factors. One driver may run a red light while the other sends a text. Both actions contribute to the crash. In these cases, the court assigns fault to each driver and reduces recovery according to those percentages.

Premises Liability

Property owners have a duty to keep their premises safe. However, if an injured person ignores posted warnings or engages in risky behavior, comparative fault may reduce recovery.

Bicycle Accidents

Bicycle accidents frequently raise disputes over responsibility. A driver might fail to yield, while a cyclist ignores traffic laws. Both sides play a role. The court weighs each person’s actions and adjusts damages based on the percentage of fault.

Why Hire Fielding Law

At Fielding Law, we understand that comparative fault cases are often complicated. Insurance companies may attempt to exaggerate your share of fault to minimize payouts. Our attorneys will stand by your side to protect your rights and fight for the compensation you deserve. We are committed to guiding you and your family with care, compassion, and determination.

Call 833.88.SHARK today to speak with a comparative fault lawyer who will protect your best interests.

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

October 6, 2025
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someone riding a onewheel skateboard on a college campus

Onewheel Skateboard College Campus Accidents

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

For college students, navigating campus often requires creative transportation. One popular option is onewheel skateboards and electric unicycles. These self-balancing skateboards can be fun and convenient, but accidents happen and can leave riders or bystanders injured.

The Rise of Onewheel Skateboards on Campus

Depending on the model, onewheel skateboard can reach speeds between 16 and 25mph. They have a single, large tire at the center, and riders use their balance and body movements to control the board through pressure-sensitive pads. Features like battery life, lighting, and customization of your ride profile is all controlled by a smartphone app. Given the speed and unique control of these devices, it is very important that riders are confident before using a onewheel skateboard before bringing it onto a busy college campus.

Campus Hazards and Liability

There can be many hidden dangers when riding through a college campus that can harm you or loved ones when using onewheels. Some of these can include:

If the campus fails to maintain safe walkways, it could be liable for injuries under premise liability law. In some cases, the college campus may be responsible for maintaining safe conditions and could be liable for injuries.

Student Liability

Even if you do not own a onewheel, many of your classmates might. These students can be careless riders, disregard signage. They even can ignore signs of faulty breaks, drive aggressively in a crowd, and preform reckless stunts. If you are involved in a onewheel skateboard accident with another student, it is important to exchange contact information and document the incident, like a bicycle or scooter accident. If they are still learning how to use these devices safely, there are great risks of accidents.

How Fielding Law Can Help

Whether your accident was caused by poor campus maintenance or the negligent riding of a student, Fielding Law is here to support you every step of the way. We are committed to helping you heal physically and emotionally, because we know first-hand how life-altering these types of onewheel skateboard college campus accidents can be. Reach out whenever you are ready at 833.88 SHARK for your free consultation today.

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

October 6, 2025
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duffy boat in the ocean near the harbor

Duffy Boat Accidents in Newport Beach

By Boating Accident, Personal Injury

Newport Beach’s waterways are popular spots for leisurely cruising. Duffy boats, quiet electric-powered boats often used for sightseeing or small group charters, are a favorite of locals and visitors alike. But like any vessel, Duffys are not immune to accidents. When a Duffy boat collision or related injury occurs, questions often arise: who is liable, was alcohol involved, how often do these accidents happen, and do you need special training to drive one?

Common types of Duffy boat accidents

Some accidents we often see with Duffy boats include:

  • Collisions with other boats in crowded harbor waters

  • Crashing into docks or piers during docking

  • Passengers getting hurt from sudden stops or turns

  • Boats breaking down due to poor maintenance

  • People slipping or falling into the water when boarding

Who is liable?

Liability means who is legally responsible after an accident. In Duffy boat accidents, it may be:

  • The driver if they were careless, distracted, or unsafe

  • The rental company if they gave out a boat with problems or failed to explain safety rules

  • The manufacturer if the boat had a design or equipment defect

  • More than one person if both the driver and rental company shared fault

California uses comparative fault. This means more than one party can be held responsible, and damages are divided based on the percentage of fault.

Is drinking allowed on a Duffy boat?

Passengers may drink while enjoying a Duffy boat, but the driver cannot. Under California law, it is illegal to operate any boat while under the influence of alcohol or drugs. The limit is the same as for driving a car, a blood alcohol concentration of 0.08 percent. Even below that level, an operator can be charged if their ability to drive safely is impaired.

Boating under the influence, called BUI, can lead to serious penalties. These include fines, possible jail time, and larger consequences if someone is hurt.

How common are these accidents?

Exact numbers for Duffy boat accidents in Newport Beach are hard to find. What we do know is that many boating accidents in Southern California happen in busy harbors like Newport. Accidents often involve rental boats, and alcohol is a common factor.

Do you need training to drive one?

You usually do not need a special license to drive a Duffy boat. In most cases, the rental company will give you a short lesson and safety instructions before you leave the dock. Even though Duffys are simple to operate, safe driving still matters. Paying attention, following harbor rules, and staying sober are key.

Why Hire Fielding Law

If you or a loved one were hurt in a Duffy boat accident, you may feel unsure where to turn. At Fielding Law, we understand how stressful these situations can be. Our team is caring, capable, and ready to guide you through the legal process. We focus on helping injury victims in California and Arizona. Call 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.

October 3, 2025
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A good samaritan lending a helping hand to help a person up off the ground

What is California’s Good Samaritan Law?

By Personal Injury

What Is California’s Good Samaritan Law?

California’s Good Samaritan Law is found in Health & Safety Code §1799.102. It was created to protect people who offer help during emergencies. This law encourages bystanders to step in and assist others without fear of being sued, but it only applies in specific situations.

The law offers limited protection to those who provide emergency care in good faith. However, it does not give blanket immunity. Whether or not someone is protected often depends on how the help was given and the result of that aid.

When Legal Protection Applies

Legal protection under the Good Samaritan Law in California may apply when the following are true:

  • The help is given at the scene of an emergency

  • The person acts in good faith

  • The person does not expect payment

  • The person does not act with gross negligence or recklessness

For example, if someone pulls a crash victim out of a burning vehicle with reasonable care, that person will likely be protected. The goal is to make sure people do not hesitate to act when someone is in danger.

When Legal Protection Does Not Apply

Legal protection does not apply in every case. Someone could still be held responsible if:

  • They cause more harm by acting recklessly

  • They perform actions they are not trained to do

  • They expect compensation

  • The situation is not truly an emergency

In one widely discussed case, Van Horn v. Watson, a woman pulled a crash victim from a car fearing an explosion. However, that movement made the injuries worse. Because there was no proven risk of explosion and she was not trained to move someone with spinal injuries, the court ruled the Good Samaritan Law in California did not apply.

How This Law Affects Injury Cases

If you were injured because someone tried to help you and it went wrong, you may be wondering if you have a case. Or, if you helped someone and are now being sued, you may be wondering if you are protected. California’s Good Samaritan Law can play an important role in these types of personal injury claims.

Every case is different. It depends on the details of the emergency, what actions were taken, and how much harm resulted from that help.

Why Hire Fielding Law

At Fielding Law, we understand how confusing emergency situations can be—especially when someone ends up injured. Whether you were trying to help or were hurt by someone who did, we are here to listen and guide you. Our legal team handles each case with kindness, civility, and professionalism. We will take the time to understand what happened and help you move forward.

Call 833.88.SHARK or contact Fielding Law today to schedule your free consultation.

Let us help you understand your rights and explore your options.

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

October 1, 2025
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gavel on a table

Pre-Death Pain and Suffering Damages Ending Soon

By Personal Injury

What Are Survival Actions?

When someone gets hurt because of another person’s negligence and later passes away, their estate can bring a survival action. This claim is different from a wrongful death case. Wrongful death focuses on the family’s loss. A survival action focuses on the harm the person suffered before passing away.

What Changed Under CCP 377.34

For many years, families could not recover money for pre-death pain and suffering damages. Courts only looked at medical bills, lost wages, and other direct costs. As a result, the pain and hardship the person endured before death did not count in the case.

In 2022, lawmakers made a major change. They updated CCP 377.34 to allow families to pursue pre-death pain and suffering damages through survival actions. This gave families a stronger way to hold wrongdoers accountable. It also helped honor the suffering their loved one experienced.

Why This Matters Now

The new rule will expire on December 31, 2025. After that date, families may lose the right to seek pre-death pain and suffering damages in survival actions. Unless lawmakers extend the rule, this option will disappear.

Because of this deadline:

  • Families with pending claims need to act without delay.

  • Waiting too long could reduce the damages available.

  • Taking early action can help protect your rights.

Why Hire Fielding Law

At Fielding Law, we know how painful it is to lose a loved one. Legal deadlines and complex rules can make things even harder. Our caring and capable team will explain how the end of CCP 377.34 affects your case. We will fight to protect your rights and guide you each step of the way.

If you have questions about survival actions or pre-death pain and suffering damages, call 833.88.SHARK today.

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

September 30, 2025
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Teal background with Fielding Law shark jaw icon in the middle

Listserve Live Brings OCTLA Attorneys Together

By Firm News and Celebrations, Personal Injury

On September 25, 2025, the Orange County Trial Lawyers Association hosted its first-ever OCTLA Listserve Live event at The Park Club in Costa Mesa. What has long been a valuable online forum for plaintiff attorneys became an engaging in-person conversation, filled with meaningful discussion, collaboration, and shared strategies.

For two hours, plaintiff attorneys had the opportunity to connect face-to-face, ask real-time questions, and gain practical insight into the challenges they encounter in their cases. The room was filled with energy as familiar voices from the online listserv transformed into a dynamic panel discussion and open dialogue.

Clark speaking at OCTLA Listserve Live Clark Fielding on the Panel

Fielding Law’s founding principal, Clark Fielding, was honored to serve as one of the attorneys on the panel. Clark and his fellow presenters guided discussions that reflected the day-to-day realities of plaintiff work, including accident preparedness for future clients, consultation strategy, communication with clients, and navigating unique legal hurdles. Attorneys walked away not only with fresh ideas, but also with practical tools to implement immediately in their practices.

More Than a Networking Event

This groundbreaking plaintiff attorney networking event was designed exclusively for OCTLA plaintiff attorney members. Along with the open dialogue, attendees earned 1-Hour MCLE Credit, making the experience both informative and beneficial for professional growth. The structured format ensured that discussions remained practical, relevant, and focused on empowering attorneys to advocate effectively for their clients.

Why Events Like OCTLA Listserve Live Matter

At Fielding Law, we believe that collaboration strengthens advocacy. When plaintiff attorneys share knowledge and strategies, the entire community rises. Events like OCTLA Listserve Live highlight the value of connection, mentorship, and professional growth within the legal field.

Events like Listserve Live remind us that learning never stops. At Fielding Law, we bring that same dedication to every case, working tirelessly for our clients. If you need experienced, compassionate representation, call 833.88.SHARK today.

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

September 29, 2025
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Doctor with stethoscope around neck in green scrubs with arms crossed

Why Is Treating So Important to My Case?

By Personal Injury

Why Medical Treatment Matters After an Accident

Treatment in personal injury cases is critical for both your health and your legal claim. After an accident, you may feel tempted to put off seeing a doctor, especially if your pain seems minor. However, getting immediate care and following through with treatment provides vital protection for your body and strengthens your case.

Protecting Your Health

Many injuries do not reveal their full extent right away. Whiplash, concussions, and internal injuries can worsen if left untreated. Receiving medical treatment promptly allows doctors to catch hidden injuries and guide your recovery safely.

Establishing a Record of Your Injuries

Medical records form the foundation of treatment in personal injury cases. They prove the timing, severity, and ongoing effects of your injuries. Without consistent documentation, insurance companies may argue that your injuries are unrelated to the accident.

Showing Consistency and Commitment

Courts and insurance adjusters often evaluate whether an injured person followed medical advice. Gaps in treatment can harm your case, while consistent medical care shows that you are serious about your recovery and your claim.

Supporting the Value of Your Claim

Medical treatment also influences the financial side of your case. Regular care documents the true costs of your injuries, including doctor visits, therapy, and future care needs. These records help determine the compensation you may be entitled to receive.

Why Hire Fielding Law

At Fielding Law, we know how essential treatment in personal injury cases is to building a strong claim. Our team works closely with clients to ensure medical evidence is presented clearly and powerfully. We care about both your recovery and your future. If you or a loved one has been injured, call 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.

September 29, 2025
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Students looking at test tubes in a laboratory

What to Do After a Laboratory Injury Happens

By Personal Injury, Premises Liability, Public Entity

Science labs should be a place of discovery—not danger. Unfortunately, when safety is ignored, these environments can lead to serious harm. This is why high school labs require strict supervision, thorough training, and clear protocols. When these standards are overlooked, the results can be devastating.  

Real Stories, Real Injuries

These real-world examples underscore how quickly a simple chemistry lesson can intensify into a medical emergency. That is why proper equipment, genuine supervision, and safety training are essential, not optional. 

Marietta, Georgia – December 2023

Two high school girls suffered chemical burns during a routine lab experiment involving sulfuric acid and magnesium. They were rushed to the hospital with visible injuries. (USA Today)

Malvern, Iowa (WOWT) – October 2023

An explosion during a science experiment in an Iowa classroom sent two students to the hospital with burn injuries. (First Alert 6)

Berlin, CT (WFSB) – November 2024

A science experiment conducted at Berlin High School went awry, causing a gas leak serious enough to send a teacher and a student to the hospital. (Eyewitness News) 

What Questions Should Parents Be Asking?

Parents should stay informed about the safety protocols in their child’s high school science laboratory. Doing so helps hold schools accountable and reinforces the importance of protective measures for students.

  • Do students receive formal lab safety training at the beginning of the year? 
  • What qualifications or training do teachers have to supervise lab experiments?
  • How are students supervised during experiments? 
  • Are instructors providing goggles, lab coats, and gloves? 
  • What is the school’s emergency response plan in the event of a lab accident? 

Your Laboratory Injury Attorney 

At Fielding Law, your child’s safety matters to us. We know how helpless it can feel when your child is hurt in a place that is supposed to protect them. If your child sustained a laboratory injury at school, you do not have to face the aftermath alone. Our team is here to help you understand your rights and explore your options. Call us at 833.88.SHARK for your free consultation today.  

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

September 26, 2025
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Clark Fielding sitting on a sofa for Top Lawyers

Clark H. Fielding Recognized Among Orange County’s Top Lawyers

By Firm News and Celebrations, Personal Injury

Clark H. Fielding, founding principal of Fielding Law, has been recognized as one of Orange County’s Top Lawyers in the October edition of Modern Luxury Riviera OC Magazine. This award highlights Clark’s dedication to providing skilled, compassionate legal representation to clients facing personal injury challenges. Click to read Clark’s feature.

Clark Fielding feature Top Lawyers in Riviera OC Fielding Law Recognized Across Orange County

In addition to Clark’s individual recognition, Fielding Law received several honors in 2025:

These accolades reflect the firm’s commitment to excellence, strategic advocacy, and client-focused service. They also highlight Fielding Law’s dedication to positively impacting both the legal community and the local area.

Commitment to Clients

Clark H. Fielding and the team at Fielding Law prioritize client care at every step. From the first consultation through case resolution, the firm ensures that clients receive guidance, attention, and assertive advocacy. These honors reinforce the firm’s reputation for professionalism, integrity, and ethical legal service.

Why Hire Fielding Law

Choosing Fielding Law means partnering with attorneys who are experienced, empathetic, and focused on achieving the best possible outcome. Our team provides thorough case evaluation, aggressive advocacy, and clear communication. We help clients navigate complex personal injury matters with confidence.

To schedule a consultation with Fielding Law, call 833.88.SHARK today.

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

September 23, 2025
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social media influencer standing in the middle of a street with a sunset in the background

Chasing the Perfect Image: Influencer Street Accident

By Car Accident, Catastrophic Injury, Pedestrian Accident, Personal Injury, Public Entity, Wrongful Death

According to KTLA, Instagram personality Ben Bruno recently posted a video of a Beverly Hills street where at least 22 people were posing in the middle of traffic. Vehicles slowed or stopped as influencers turned a public street into a photo backdrop.

While it may look entertaining online, standing in an active roadway is extremely dangerous. Roads are meant for vehicles and safe pedestrian crossings, not for photo sessions. When those rules are ignored, an influencer street accident can occur with serious injuries or worse.

Why This Behavior Creates Risk

Influencers and onlookers may not realize the danger of blocking traffic. Drivers cannot always anticipate sudden obstacles in the road. Common risks include:

Even a single mistake can cause catastrophic injury.

Who Could Be Liable in a Collision

If a driver struck someone blocking the street, several parties could face responsibility.

The influencer or organizer

Directing people into a street may be considered negligent. Organizers can be held responsible for creating unsafe conditions that could lead to an influencer street accident.

The participants

Those posing in the road may share fault for their own injuries. California and Arizona follow comparative negligence rules, which allow liability to be divided among multiple parties.

The driver

A driver who was speeding, distracted, or failing to follow traffic laws could also be found at fault.

The city

In limited cases, the city might share liability if poor signage, lighting, or lack of enforcement contributed to the danger. Government liability is often difficult to prove.

The Legal Risks of Dangerous Content

Influencers may underestimate the legal and financial consequences of content created in unsafe places. Blocking a public street can result in fines, civil lawsuits, or criminal charges. Insurance companies may deny coverage if conduct is reckless or illegal.

For drivers, these situations create unfair risk. Even a careful driver may face a costly legal dispute if they hit someone standing in the road, creating an influencer street accident scenario.

Why Hire Fielding Law

If you or a loved one has been injured, you need guidance from an experienced accident lawyer. Fielding Law has helped thousands of injured people in California and Arizona with compassion, professionalism, and determination. Our team will investigate your case, determine liability, and pursue the compensation you deserve.

Call 833.88.SHARK today to schedule a free consultation with Fielding Law.

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

September 18, 2025
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