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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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Dog sitting on a lawn

Arizona’s Dog Bite Law Explained

By Dog / Animal Bite, Personal Injury, Premises Liability

Understanding Arizona’s Dog Bite Statute

Dog bites can cause serious physical and emotional injuries—especially to children. Arizona law gives bite victims strong legal rights under A.R.S. § 11-1025, which holds dog owners strictly liable when their dog bites someone in public or lawfully on private property.

Strict liability means that the victim does not need to prove that the dog had a history of aggression or that the owner was negligent. If a dog bites, the owner is responsible.

When the Law Applies

Arizona’s strict liability dog bite law applies when:

  • The victim is in a public place or

  • The victim is lawfully on private property, such as a guest, postal worker, or delivery driver

The law does not apply if the victim was trespassing or provoking the dog. In those cases, the owner may have a defense.

This statute applies even if the dog has never bitten before and has no known history of aggression.

Key Differences from California

Although similar to California’s law, Arizona’s statute includes some important differences:

  • Time limits: Arizona has a one-year statute of limitations for strict liability dog bite claims under A.R.S. § 11-1025. After that, victims may still bring a negligence claim, which has a two-year limit.

  • Provocation defense: If the dog was provoked, the owner may avoid liability under this law.

  • Trespassing defense: Unlike California, Arizona emphasizes the victim’s legal status on the property at the time of the bite.

What Damages Can Be Recovered?

Dog bite victims in Arizona may recover compensation for:

  • Emergency room and hospital bills

  • Future medical care and plastic surgery

  • Lost wages or missed school

  • Pain and suffering

  • Scarring or disfigurement

  • Emotional trauma or anxiety

These cases can be especially complex when a child is the victim. Arizona courts take extra care to ensure the settlement is in the best interest of the minor.

What To Do After a Dog Bite

If you or a loved one has been bitten by a dog:

A dog bite can lead to infection, nerve damage, and long-term emotional distress. It is important to take action quickly to protect your rights.

Why Hire Fielding Law

At Fielding Law, we fight for dog bite victims across Arizona. Whether your child was attacked at a neighbor’s home or you were bitten while walking in your neighborhood, our team is here to help.

We understand the emotional stress and physical pain dog bite injuries cause—and we take them seriously. Our goal is to protect your rights, hold negligent owners accountable, and help you recover the compensation you deserve.

Contact Fielding Law at 833.88.SHARK for a free consultation today. We are ready to listen and help.

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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woman driving car down a gravel road

Breast Implant Rupture During Car Accident

By Car Accident, Personal Injury, Product Liability

Understanding Implant Rupture After a Collision

Breast implants are medical devices, not indestructible shields. When a person with implants is involved in a car accident, particularly a high-impact crash, the pressure or blunt force trauma may lead to a breast implant rupture. This situation is not only physically painful but can also cause emotional distress, unexpected medical bills, and long-term complications.

If you or a loved one experienced a breast implant rupture during an auto accident, you may be eligible for compensation. This is especially true if the accident was caused by another driver’s negligence or if faulty seatbelt or airbag deployment worsened the injury.

Common Causes of Breast Implant Ruptures in Accidents

While breast implants are tested for durability, they are not immune to trauma. Some leading causes of rupture in a vehicle crash include:

  • Airbag deployment that compresses the chest

  • Seatbelt force against the implant area

  • Direct trauma from hitting the steering wheel or door

  • Pre-existing manufacturing defects in the implant

These injuries can go unnoticed immediately after a crash. It is important to seek both emergency and follow-up care to catch hidden injuries.

Signs Your Implant May Have Ruptured

Symptoms may vary based on whether the implant is silicone or saline. In either case, if you suspect a rupture after an accident, seek medical evaluation right away.

Common signs include:

  • Sudden change in breast shape or size

  • Hard lumps or rippling under the skin

  • Pain, tenderness, or burning

  • Swelling or inflammation

  • Asymmetry or deformity

Saline implants typically deflate quickly and are absorbed by the body, making them easier to identify. Silicone implant ruptures, on the other hand, may take longer to notice and could result in scar tissue buildup or chronic pain.

Who Is Liable for the Injury?

Liability in cases involving breast implant ruptures during auto accidents can be complex. You may have more than one claim:

  • The negligent driver who caused the crash

  • The auto manufacturer if defective airbags or seatbelts were involved

  • The implant manufacturer if the product failed prematurely

To determine liability and calculate fair compensation, a qualified attorney will conduct a thorough investigation, review your medical records, and consult experts if necessary.

What Compensation Can You Recover?

If your implant ruptured in a crash, you may be able to recover compensation for:

These cases often involve both personal injury and product liability claims. A skilled attorney will help you pursue the full compensation you deserve.

Why Hire Fielding Law

Fielding Law is not a massive, impersonal firm. We are dedicated, experienced attorneys who truly care about our clients. We understand the physical and emotional toll these injuries can take. If you are dealing with breast implants rupturing during an auto accident, our compassionate legal team will guide you every step of the way.

We fight for your recovery so you can focus on healing. Call Fielding Law at 833.88.SHARK or contact us through our online form 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 17, 2025
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Tailgate bbq grill

Injured at Tailgate Party?

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

The Fall season brings a sense of renewal and tradition as many head back to school. It is a time with familiar celebrations like the excitement of tailgate parties before college football games. With all the fun, it is important to stay mindful of your safety and understand who might be responsible if someone gets hurt. As grills, games, and gatherings increase, so does the risk of slip and falls, vehicle accidents, and alcohol related injuries.  

What is a Dram Shop? 

  • A dram shop is a business that sells alcohol and may be legally responsible if they serve someone who poses dangers to others after drinking. 

What are Social Host Laws? 

  • These laws hold the person hosting the tailgate responsible if they knowingly provide alcohol to underage guests or know about underage drinking on site. 

Common Misunderstandings of Tailgate Party Injury 

If you or a loved one is injured due to someone’s irresponsible drinking, many people assume the intoxicated individual is solely responsible. However, others — such as the bar, restaurant, or party host who served them — could also be legally responsible. You may be able to pursue a claim not just against the drunk individual, but also against the business or host who served them.  

Documenting the Scene 

After a tailgate party injury—as with all accidents— documenting the scene is essential. The details you write down shortly after the accident can make a significant difference in building a strong case. Here are a few things to document: 

  • Date and time of the incident  
  • Location of the tailgate  
  • The specific type of accident that occurred  
  • Description of all the non-visible injuries  
  • Photos of the visible injuries  
  • Who was involved, and if there were any witnesses  
  • The company or the name of the individual who was giving out the alcohol  

Why Hire Fielding Law 

Party, tailgating accidents can turn a sharp turn south when alcohol is involved. These situations can be overwhelming and confusing, especially when there are unanswered questions about who is liable. At Fielding Law, we understand the emotional toll an accident can take on a person. Our priority is to carry the legal burden so you can fully focus on healing. We are here to support you. Reach out to us for your free consultation today to see if you have a claim.  

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

September 16, 2025
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