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two people shaking hands after a close of an injury case

What Can You Recover from an Injury Case?

By Personal Injury

You Deserve More Than a Quick Check

After an accident, many people wonder what they can actually recover in a legal claim. If you were hurt because of someone else’s negligence, you may be entitled to more than just your immediate medical bills. Understanding your options for injury case recovery can help you plan for your future and protect your rights.

Types of Compensation You Can Recover

In most personal injury cases, damages are grouped into three categories: economic, non-economic, and occasionally, punitive.

Economic Damages

These cover financial losses, including:

  • Medical Costs
    Hospital stays, emergency care, surgeries, therapy, prescriptions, and follow-up treatment.

  • Future Medical Expenses
    If your injury requires ongoing care, surgeries, rehabilitation, or medication, you may be entitled to compensation for future medical expenses. These costs are often calculated with the help of medical experts.

  • Lost Wages
    Time missed from work due to your injury or recovery.

  • Reduced Earning Capacity
    When an injury limits your ability to work or forces a career change.

  • Property Damage
    For example, repairing or replacing your vehicle after a crash.

Non-Economic Damages

These relate to how the injury affects your daily life:

  • Pain and Suffering
    Chronic pain, emotional distress, and the psychological effects of trauma.

  • Loss of Enjoyment
    When you can no longer take part in hobbies or daily routines you once enjoyed.

  • Loss of Consortium
    If your injury has negatively affected your relationship with your spouse or family, you may recover for loss of consortium. This includes the loss of love, companionship, intimacy, and support that were present before the injury.

Punitive Damages

If the at-fault party acted with gross negligence or intentional harm, courts may award additional damages to punish and deter such behavior. While rare, these are sometimes part of injury case recovery in extreme situations.

How Much Can You Recover?

The amount depends on several key factors:

  • Severity of the injuries

  • Length and cost of medical care

  • Impact on your ability to work

  • Long-term or permanent effects

  • Available insurance coverage

At Fielding Law, we take time to investigate every detail so your injury case recovery includes all the compensation you deserve—nothing left on the table.

Why Hire Fielding Law

You should not have to fight insurance companies alone. At Fielding Law, we build each case thoroughly and strategically—working with medical experts, financial professionals, and investigators to maximize your compensation. We treat every client with empathy, care, and dedication.

Our boutique firm focuses solely on personal injury. That means we know how to get results without losing the personal touch. Call 833.88.SHARK or contact Fielding Law for a free consultation.

You Only Get One Shot. Let Us Help.

Now that you know what injury case recovery can include, do not settle for less than what you truly deserve. Let Fielding Law guide you through every step—your peace of mind, healing, and future are worth it.

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

July 4, 2025
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Firework safety for pets

Firework Safety for Pets

By Dog / Animal Bite, Personal Injury

Firework Safety for Pets

The 4th of July is a night full of fireworks, fun, and all sorts of festivities that we love! Our beloved pets, however, would prefer peace and quiet over all the noise and commotion. Together, let’s go through a checklist you can complete to help your four-legged friends feel more at ease during all the boom, crackle, and pops.

Keep Them Indoors

The loud booms and bolts can be overwhelming, even for the most well-trained animals. In this stressful moment many animals easily become lost from trying to flee the situation. Pets are at greater risk of being injured when they are outdoors, whether they come too close to the explosives themselves, or run into heavy traffic. Keeping them inside makes all the difference in ensuring their well-being.

Cross Check Collars

It is easy to get comfortable letting our pets wander around the house, or even outside without a collar, but during festivities this can be dangerous. If they become lost, a collar with ID or a microchip can be the reason they make it back home safely. Take a few extra minutes before the holiday to ensure your beloved animal is wearing a collar with identification or that their microchip information is up to date.

Tire Them Out

Just like us, pets feel calmer and more relaxed after an energizing workout. On the morning of the 4th, try adding a little more length to your typical, walk. It can help them feel more at ease and grounded throughout the rest of the day.

Stay Calm Yourself

Animals are sensitive to our emotions and can easily sense stress, anxiety, or tension. When we feel uneasy, they often do as well. Take a couple of moments for yourself leading up to the holiday weekend for your emotional well-being. Whether that is meditation, yoga, or more time in nature, putting your own well-being first not only nurtures you, but it also helps your trusted companion feel more supported.

Pay Attention to Your Pet’s Reactions

If your pet gets too overwhelmed, create a separate area away from people where they can feel safe and secure. Be mindful of your pets’ needs during firework shows and celebrations. If you start to see signs of stress like trembling, hiding, or restlessness, try playing calm music or white noise to soothe them. Sit with them and offer gentle reassurance if they come to you.

Injured by a Dog?

We know accidents happen, especially during the chaos of the 4th of July. Fireworks, crowds, and loud noises can make even the most well-behaved dogs act unpredictably. If you or a loved one has been injured by an animal due to negligence this holiday, do not wait. Give us a call at 833.88 SHARK to speak with a member of our team to help you navigate what comes next.

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

July 3, 2025
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4 people grabbing food at a bbq food table

Top 10 BBQ Safety Tips

By Burn Injury, Personal Injury, Premises Liability

Hosting a BBQ is a great way to celebrate summer and get together with loved ones. At the same time, it is important to remember that a small oversight can lead to serious injuries or unexpected risks. At Fielding Law, we care deeply about those who have been injured, but we also believe the best outcome is preventing injuries before they happen. That is why we offer helpful tips and resources to help hosts create a safe, enjoyable environment, for everyone at their BBQ’s and summer gatherings. 

1. Choose the Right Location

Choose a flat, open area for your BBQ setup to ensure there is stability and heat can safely disperse. Grills get extremely hot, so placing them on level ground away from foot traffic helps prevent burns and accidents.

2. Check Your Equipment

Use proper BBQ tools, like long tongs and heat-safe gloves, to handle hot food safely and efficiently. 

3. Have an Extinguisher Close By

A fire extinguisher nearby allows you to speedily put out the small fires before they grow, preventing property damage, and giving you peace of mind while you cook. 

4. Clean Your Grill Regularly

Keep your grill clean by removing grease and food buildup. This helps prevent flare-ups and ensure more efficient and safer cooking. 

5. Avoid Lighter Fluid or Gasoline to Prevent Flare-Ups

Avoid using lighter fluid or gasoline, these are extremely flammable and difficult to control, putting everyone at risk of serious injury. 

6. Never Leave the Grill Unattended

Have someone watching the grill to catch flare-ups early and prevent them from becoming dangerous.  

7. Keep Kids and Pets Far Away From the Grill

Double-check that little ones are a safe distance from the grill. Give them a fun activity to do will keep them occupied and away from potential danger. 

8. Have an Assigned Adult on Pool Watch

To keep everyone safe, especially young children, make sure a responsible adult (18 or older) who is comfortable in the water is actively supervising the pool. A watchful eye can prevent accidents and foster an atmosphere of fun and safety. 

9. Cook and Chill Food Safe

Some foods on the grill may look done on the outside but are undercooked on the inside. Use a food thermometer to make sure meats reach a safe internal temperature. Also, keep cold items like potato salad chilled until serving to prevent foodborne illness. 

10. Cool It Down Properly After Use

A grill that is left hot can still pose risks hours after use. Cooling it down allows you to safely cover it, move it, or store it without any stress.  

At Fielding Law, we have your back. If you or loved ones have been injured due to someone’s carelessness, please do not hesitate to reach out. We are here to support you every step of the way. Contact us 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.

July 2, 2025
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person filing a claim with paperwork on a desk

Can Immigrants File an Injury Claim?

By Bicycle Accident, Car Accident, Personal Injury, Slip or Trip and Fall

You Have the Right to File a Claim

If you are an immigrant—documented or undocumented—and you were injured in California or Arizona due to someone else’s negligence, you still have the legal right to file a personal injury claim. Immigration status does not affect your eligibility to seek compensation for your injuries, medical bills, lost income, and pain and suffering.

This protection applies whether you were injured in a car crash, slip and fall, bicycle accident, or other incident. In fact, it is your legal right to pursue an immigrant injury claim in both states.

What You Need to File a Claim

Filing a personal injury claim involves several key steps, no matter your immigration status:

  • Seek Medical Care Immediately
    Prioritize your health. Emergency room records and follow-up visits provide essential proof of your injuries.

  • Document the Incident
    Gather names, contact information, witness details, and photos of the accident scene and injuries.

  • Report the Incident
    Whether it is a car crash or a workplace injury, make sure an official report is filed.

  • Keep a Record of All Expenses
    This includes medical bills, prescriptions, lost wages, and anything else related to the injury.

  • Do Not Let Fear Hold You Back
    California and Arizona courts do not ask about your immigration status in personal injury cases. Your legal status will not be used against you in court when filing an immigrant injury claim.

Common Myths That Hold Immigrants Back

Many injured immigrants avoid pursuing claims because of fear or misinformation. Here are some myths—followed by the truth:

  • Myth: “I will be reported to immigration authorities.”
    Truth: Personal injury lawsuits are civil cases. Immigration enforcement is not involved in civil court claims.

  • Myth: “I cannot sue if I do not have a Social Security number.”
    Truth: You do not need a Social Security number to pursue a personal injury case. Other forms of identification or documentation can be used.

  • Myth: “Hiring a lawyer will expose my immigration status.”
    Truth: Your conversations with a personal injury lawyer are private. At Fielding Law, your privacy and safety are our priority.

Why Hire Fielding Law

At Fielding Law, we believe everyone deserves justice—regardless of immigration status. We treat our clients with empathy, kindness, and professionalism. Our boutique firm focuses solely on personal injury law, and we fight hard to protect your rights while helping you feel secure every step of the way. You will never be judged here. You will be heard, respected, and supported.

If you or a loved one was injured, call 833.88.SHARK or contact Fielding Law for a free consultation. We speak your language, understand your concerns, and are ready to help with your immigrant injury claim.

Personal Injury Laws in California and Arizona

Both California and Arizona allow injury victims—regardless of immigration status—to seek damages. In fact, California law specifically states that a person’s immigration status is not relevant in determining compensation for lost wages or medical costs (Evidence Code §351.2).

Arizona does not have a statute that addresses this directly, but state and federal courts have consistently upheld that undocumented immigrants still have standing to sue for personal injury.

You Deserve Help. We Can Provide It.

Immigrants contribute so much to their communities—and they deserve to feel safe and protected. If you are searching for help with an immigrant injury claim, the law is on your side. Let Fielding Law guide you through the process and fight for the 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.

July 1, 2025
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Ryan Cooper, Best Lawyers: Ones to Watch® 2025

Ryan Cooper Joins OCTLA Board

By Firm News and Celebrations, In the Community, Personal Injury

A Big Win: Ryan Cooper Joins the OCTLA Board

Ryan CooperSenior Attorney Ryan Cooper of Fielding Law has been elected to the OCTLA Board. This key leadership role with the Orange County Trial Lawyers Association is a major step—not just for Ryan, but for the clients and legal community he serves.

The OCTLA Board includes attorneys who lead by example and advocate for fairness and accountability. Ryan’s appointment reinforces Fielding Law’s continued commitment to fighting for the injured with both skill and heart.

What the OCTLA Board Represents

The OCTLA Board guides one of California’s most respected legal organizations. OCTLA promotes high standards in trial law, supports continuing education for attorneys, and protects the rights of the injured through legislative advocacy.

By joining the board, Ryan takes on an even greater role in shaping how justice is delivered in Orange County and beyond.

Ryan’s Approach: Compassion and Clarity

Clients trust Ryan because he listens, explains their options clearly, and works tirelessly to protect them. Whether handling a wrongful death case or a serious injury claim, he helps clients feel seen and supported.

Now, as a member of the OCTLA Board, Ryan brings that same care and dedication to the broader legal community. He will help guide the next generation of personal injury lawyers while continuing to deliver results for Fielding Law’s clients.

Why Hire Fielding Law

When you choose Fielding Law, you are choosing attorneys who are not only trusted in the courtroom—but respected across the state. Ryan’s role on the OCTLA Board shows our deep commitment to leadership, excellence, and client care.

If you were injured due to someone else’s negligence, call 833.88.SHARK or contact Fielding Law today. We will walk with you every step of the way.

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

June 30, 2025
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blinding bright headlights

Blinded by Bright Headlights?

By Bicycle Accident, Car Accident, Catastrophic Injury, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Truck Accident, Wrongful Death

Are Headlights Getting Brighter?

Yes—they are. It is not your imagination. Modern vehicles, especially larger trucks and SUVs, are now equipped with brighter, bluer, and higher headlights than in the past. A recent KTLA article highlighted how road glare from these newer lights is becoming a growing safety concern for drivers across the country.

Older vehicles used halogen bulbs emitting about 1,000 lumens. But starting in the early 2000s, many manufacturers switched to LED headlights, which can emit 4,000 lumens or more. Aftermarket bulbs—often installed without proper regulation—can reach 10,000 lumens or higher.

The result? Drivers are facing intense glare, often directly at eye level, thanks to the combination of brighter lights and elevated vehicle designs.

What Makes These Lights So Dangerous?

According to experts like Jillian Young from AAA Northeast, the intense bluish-white hue of LEDs is more irritating to the human eye than traditional warmer halogen lights. This discomfort increases the chance of temporary blindness, slow reaction time, and even complete disorientation—especially on dark roads.

These lights are often angled higher, especially on large SUVs and lifted trucks, causing them to shine directly into the eyes of other drivers. Oncoming glare can cause:

  • Difficulty seeing lane lines or obstacles

  • Delayed reaction time

  • Temporary visual impairment or “flash blindness”

  • Increased risk of veering or swerving into other lanes

Can You Sue Someone for Blinding You with Headlights?

In both California and Arizona, it is difficult—but not impossible—to bring a claim based solely on being blinded by someone’s headlights. The core issue comes down to negligence.

To bring a successful lawsuit, you must prove:

  1. The other driver acted unreasonably or unlawfully (such as installing illegal aftermarket lights or failing to dim high beams).

  2. Their action caused a crash or injury.

  3. You suffered actual harm or damages as a result.

For example, if a driver had illegally bright or modified headlights, and that glare caused you to crash or collide with another object, you may have a valid claim. You could potentially file against:

  • The other driver, if their headlights were modified or improperly used.

  • A third party, such as a body shop that installed unapproved lighting equipment.

  • Even vehicle manufacturers, if defective headlights contributed to a hazardous situation (in rare product liability cases).

However, glare-related crashes are often complex. You will need strong evidence, such as:

  • Eyewitness statements

  • Dash cam footage

  • Vehicle inspection records

  • Police reports noting lighting modifications or misuse

These claims can also become more viable if the other party was cited for violating headlight laws.

What Do California and Arizona Laws Say?

California and Arizona both have headlight laws, but enforcement is inconsistent.

In California:

  • Vehicle headlights must not project “a glaring light” to oncoming drivers.

  • Headlight height and brightness are regulated, but aftermarket LED kits can often slip through inspections.

  • Police may cite drivers for violations of Vehicle Code § 24409 (failure to dim high beams) or § 25950 (improper lighting).

In Arizona:

  • A.R.S. § 28-947 requires proper adjustment of headlights to prevent glare.

  • Brightness limits exist, but there is no widely enforced lumen cap.

  • Modifying factory lighting beyond its intended performance may be illegal.

Despite these laws, citations for overly bright headlights are rare, and few cases make it to court unless a crash occurs.

How to Protect Yourself

While the law slowly catches up to lighting technology, you can take steps to protect yourself:

  • Avoid looking directly at oncoming lights. Instead, focus slightly right of the road.

  • Use night mode or anti-glare coatings on mirrors or glasses.

  • Dim your rearview mirror when bright lights are behind you.

  • Install a dash cam in case you are injured and need evidence of excessive glare.

  • Have your eyes checked regularly. Nighttime sensitivity can worsen with age or uncorrected vision problems.

Why Hire Fielding Law

If you were involved in a crash and believe glare or illegal headlights played a role, we are here to help. At Fielding Law, we investigate every detail—down to the headlight specifications and the manufacturer’s compliance.

Our team understands how devastating glare-related collisions can be. We will work with accident reconstruction experts and lighting specialists if necessary to build a strong case.

Call 833.88.SHARK or contact Fielding Law today for a free consultation. We are here to fight for your rights and help you recover after a serious crash.

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

June 30, 2025
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4th of july fireworks in the sky

4th of July Arizona Safety Tips

By Boating Accident, Burn Injury, Personal Injury

Arizona’s stunning landscapes make it a prime destination for 4th of July celebrations. From backyard barbecues to boating on Lake Havasu and hiking in Sedona, Arizonans love to get outdoors. However, the state’s extreme heat and fire-prone conditions pose serious risks during the holiday. Here is how to enjoy your Independence Day safely in Arizona.

Extreme Heat Precautions

Arizona temperatures often exceed 110°F during July.

  • Stay hydrated with water and electrolyte drinks.

  • Avoid peak heat hours (usually between 10 a.m. and 4 p.m.).

  • Wear light, breathable clothing and apply SPF regularly.

  • Know the signs of heatstroke: confusion, dry skin, dizziness, and fainting.

Wildfire Risk and Firework Laws

Fireworks can spark dangerous wildfires in Arizona’s dry climate.

  • Only use fireworks legally and in permitted areas.

  • Consider attending public firework shows instead of lighting your own.

  • Always have water or a fire extinguisher ready.

  • Check local fire restrictions before lighting anything.

Boating and Water Safety

Arizona’s lakes are packed during the 4th. Be safe while boating:

  • Wear life jackets — it is the law for children under 12.

  • Never operate a boat under the influence of alcohol.

  • Watch for other watercraft and swimmers.

  • Supervise kids at all times near the water.

Avoid Slip and Fall Hazards

From wet pool decks to uneven desert terrain, slips can lead to serious injuries.

  • Use caution around pools and patios.

  • Wear appropriate footwear when hiking or walking near water.

  • Property owners should ensure walkways are well-lit and maintained.

Why Hire Fielding Law

When accidents happen due to someone else’s negligence — whether from unsafe property conditions, reckless boating, or unlawful fireworks — Fielding Law is here to help. Our team understands the unique risks Arizona residents face during the holiday and offers compassionate, experienced representation.

Call for a free consultation at 833.88.SHARK to speak with our team today.

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

June 27, 2025
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people boating in the ocean just off the share of california

How to Avoid a 4th of July Boating Accident in California

By Boating Accident, Catastrophic Injury, Personal Injury, Personal Watercraft (PWC) Accident, Spinal Cord Injury, Wrongful Death

California beaches, lakes, and bays are top destinations for 4th of July fun. From jet skiing in Marina del Rey to tubing in Big Bear, the water is a huge part of the holiday. But crowded waterways, inexperienced operators, and risky behaviors can quickly turn fun into injury. If you experience a 4th of July boating accident in California, knowing what to do next is key.

Common 4th of July Water-Related Accidents

Here are the most frequent causes of injuries on California waters during the holiday:

  • Jet Ski Collisions: Personal watercraft accidents often result from inexperience, excessive speed, or alcohol use. Riders can be thrown from the craft or crash into swimmers, boats, or docks.

  • Boating Accidents: A 4th of July boating accident in California is more likely due to crowded lakes and bays. Crashes, capsizing, or propeller injuries are common, often caused by distraction or impairment.

  • Tubing and Towing Incidents: When boats tow tubes or wakeboarders, miscommunication or erratic driving can cause serious crashes into docks, rocks, or other boats.

  • Parasailing Injuries: Faulty equipment, strong winds, or improper technique can lead to dangerous falls or hard landings.

  • Swimming Injuries: Lack of supervision or diving into shallow water can result in catastrophic injuries, especially spinal damage.

Water Safety Tips for Californians

To reduce the risk of injury and avoid a 4th of July boating accident in California, follow these safety tips:

  • Wear a U.S. Coast Guard-approved life jacket at all times.

  • Never operate a watercraft under the influence of alcohol or drugs.

  • Use a spotter when towing tubes or wakeboarders.

  • Choose parasailing companies that are licensed and maintain their equipment.

  • Avoid jumping into unknown or shallow water.

  • Watch for other boaters, swimmers, and floating debris.

  • Follow all posted signs and boating laws in California.

What to Do If You Are Injured

If someone’s negligence leads to your injury during a 4th of July boating accident in California, protect your rights with these steps:

  1. Seek Medical Attention Immediately – Your health comes first. Even minor injuries may become serious.

  2. Document the Scene – Take photos of the area, watercraft, injuries, and any equipment involved.

  3. Collect Witness Information – Get names and contact details of anyone who saw the accident happen.

  4. File a Report – Notify the Coast Guard, marina staff, or local law enforcement.

  5. Avoid Posting on Social Media – What you share online can be used against you later.

  6. Call Fielding Law – Speak with a personal injury attorney who understands 4th of July boating accident cases in California. We will evaluate your case and guide you through your legal options.

Why Hire Fielding Law?

At Fielding Law, we understand how quickly a fun day on the water can turn tragic. If you or a loved one was involved in a 4th of July boating accident in California, our experienced team is here to help. We provide compassionate and capable legal support for injury victims statewide.

Call 833.88.SHARK or contact us to schedule 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.

June 26, 2025
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A person in a car touching a phone

California’s No Touch Phone Law

By Car Accident, Catastrophic Injury, Personal Injury, Truck Accident, Wrongful Death

What Is California’s No Touch Phone Law?

The California no touch phone law makes it illegal for drivers to hold their phones while operating a vehicle. Even holding a phone briefly to check directions or notifications is considered a violation. Phones must be mounted, and use must be hands-free, with only a single swipe or tap allowed. This rule applies whether the driver is moving or stopped in traffic.

When Did the Law Go Into Effect?

California’s no touch phone law became more strictly enforced in June 2025 after a California Court of Appeal decision clarified the intent behind California Vehicle Code § 23123.5. The court confirmed that even briefly holding a phone while driving—without actively texting or calling—violates the law. This ruling strengthened existing distracted driving laws and eliminated common loopholes.

What Does the Law Mean for Drivers?

Drivers in California must now comply with the following:

  • Phones must be mounted on the dashboard or in a lower corner of the windshield

  • Only a single tap or swipe is permitted while driving

  • Voice commands may be used for calls, texts, and navigation

  • Drivers under 18 are prohibited from using phones at all, even hands-free

  • Emergency calls (such as to 911) are permitted

The law applies on all roads, whether you are driving on the freeway, stopped at a light, or in a parking lot.

Penalties and Consequences

The law is subject to primary enforcement, which means law enforcement can stop and cite a driver solely for violating this rule. The penalties include:

  • A base fine of $20 for a first offense, which typically increases to more than $160 after fees

  • A base fine of $50 for subsequent offenses, which may exceed $280 in total cost

Multiple offenses can also result in points on your license and increased insurance premiums.

Why Is This Law Necessary?

Distracted driving is one of the top causes of traffic collisions in California. Research shows that taking your eyes off the road for just five seconds while driving at highway speed is like driving the length of a football field blindfolded. Even quick glances at a phone can lead to serious injuries or fatalities.

Smartphones have made multitasking common, but the risks on the road are too high. This law exists to reduce crashes, protect lives, and make the rules around phone use clear and enforceable.

Tips to Stay Compliant

  • Mount your phone before you begin driving

  • Use hands-free features like voice assistants or Bluetooth

  • Enable “Do Not Disturb While Driving” mode

  • Set your GPS and music before starting the car

  • Pull over safely if you need to interact with your phone

Why Hire Fielding Law

At Fielding Law, we represent individuals who have been injured by distracted drivers throughout California and Arizona. If you were hurt in a car accident caused by someone using their phone behind the wheel, you may be entitled to compensation for medical bills, lost income, and pain and suffering.

We approach every case with professionalism, care, and a clear focus on helping our clients move forward. You do not have to face the insurance companies or legal process alone.

Contact Fielding Law at 833.88.SHARK today 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.

June 25, 2025
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Lifeguard station on a beach

What is Lifeguard Negligence?

By Personal Injury, Public Entity, Wrongful Death

Lifeguard Responsibilities

Lifeguards play a vital role in keeping swimmers and beachgoers safe. They are often the first to respond in emergencies, stepping in quickly to protect and assist anyone in danger, whether in the water or on shore. Although their dedication and effort remain at the heart of what they do, like all people, lifeguards are human and can make mistakes. While every case is unique and depends on the specific facts, here are some situations that may indicate negligence by a lifeguard or the public entity responsible for maintaining the pool or beach.

Warning Signs of Lifeguard Negligence

  • The lifeguard is distracted and looking at a phone.
  • The lifeguard is talking with friends or not watching the water.
  • The lifeguard station is empty and not posted warning of no lifeguard on duty.
  • No rescue equipment is visible or within reach.
  • Lifeguards are not rotating or scanning their zone.
  • The swimming area is overcrowded.
  • No clear rules or signage are posted.
  • Lifeguards appear tired, bored, or disengaged.

These warning signs often indicate that something more serious could follow, especially when the responsibility may lie with the lifeguard.

Pool Scenarios Involving Negligence

While every case is unique and depends on the specific facts, below are some common scenarios that may indicate negligence by a lifeguard or the public entity responsible for maintaining the area.

Lifeguard at Fault Scenarios
  • Not rotating stations or taking breaks, reducing alertness.
  • Looking in a fixed direction for too long or scanning too slowly, missing struggling swimmers.
  • Failing to prevent swimmers from running, roughhousing, or entering restricted areas.
Public Entity Fault Scenarios
  • Failing to clean up litter or debris that can cause cuts or injuries.
  • Lifeguards lacking proper rescue training or delaying CPR.
  • Not displaying a “No Lifeguard on Duty” sign when required.

Beach Scenarios Involving Negligence

Lifeguard at Fault Scenarios
  • Hesitating to respond to a swimmer in distress.
  • Leaving a post or assigned zone without a replacement.
  • Lacking knowledge of rip currents or other natural hazards.
Public Entity Fault Scenarios
  • Not posting flags or warnings for hazards like strong currents or jellyfish.
  • Insufficient lifeguard staffing for the day.
  • Failing to post a “No Lifeguard on Duty” sign for public awareness.

What Compensation May Be available?

If you have been injured and it has kept you from working, you may be entitled to compensation for lost wages to help ease the financial burden. We also understand how deeply pain and suffering affect your life, and monetary compensation may help acknowledge that hardship. In the devastating event that an injury results in the loss of a life, you and your family might be able to seek support for funeral expenses and the emotional pain that comes.

Minor’s Compromise Cases in Lifeguard Negligence

When a child is injured, they cannot file a legal claim on their own. A parent or guardian must do it for them. To ensure the child’s best interests are protected, any settlement usually needs court approval. In many cases, the money is placed in a trust or saved until the child turns 18. Parents can often recover medical expenses, while children may obtain compensation for trauma, pain, or lasting effects from the injury.

How can Fielding Law Help

Our goal is to help you gain clarity during this difficult time, especially if you are unsure whether the responsibility lies with a lifeguard or the facility itself. Understanding who may be at fault can be an important step in moving forward, and whenever you are ready, know that we are here to assist you. Call Fielding Law 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.

June 24, 2025
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