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Premises Liability

Scales of justice on a desk

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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puddle of Grease Soap or Oil on pavement

Slipped on Grease, Soap, or Oil?

By Premises Liability, Slip or Trip and Fall

Slipped on grease, soap, or oil? You are not alone. These are some of the most common causes of falls in restaurants, grocery stores, parking lots, and gas stations. Property owners must take reasonable steps to clean up spills and post warning signs. When they fail to do so, innocent people get hurt. If this happened to you, preserving your clothing, shoes, and photo evidence could make the difference in your case.

Keep Your Clothes as Evidence

Slipping and falling in a public place is painful and disorienting—but what you do next could make or break your case. Whether it was grease from a kitchen, oil from a parking lot, or soap from freshly mopped floors, the substance you slipped in matters. Even more importantly, your clothing can hold key evidence.

After a fall, many people go home and wash their clothes. That is a mistake. Your clothing and shoes may hold residue, stains, or patterns that help prove what happened. These materials can support your claim that the property owner failed to maintain a safe environment.

How to Preserve Your Clothing

To protect the evidence, follow these simple steps:

  • Do not wash or clean your clothes or shoes

  • Place items in a paper bag—not plastic

  • Take clear photos of the clothing before storage

  • Avoid touching or brushing off the substance

Your clothing could help identify the slippery material and show how much was present. It may also indicate where and how the fall occurred.

Take Photos and Videos Right Away

If you can, document the area before leaving the scene. If you are injured and unable to do so, ask someone nearby to help. Photos and videos are powerful tools.

Be sure to capture:

  • The exact area where you fell

  • A close-up of the grease, soap, oil, or substance

  • Your shoes and clothing after the fall

  • A wide shot showing whether warning signs were posted

  • Contact information for any witnesses

  • Security cameras or nearby recording devices

This documentation can support your case and help your attorney prove that the property owner was negligent.

Understanding Liability in Arizona and California

Arizona and California both require property owners to keep their premises safe for visitors. That includes mopping spills promptly, posting visible warnings, and inspecting the area regularly. If an owner knew or should have known about a slippery substance and did nothing, they may be held legally responsible.

However, proving negligence requires strong, clear evidence—which is why preserving your clothing and documenting the scene are so important.

Why Hire Fielding Law

At Fielding Law, we understand how frustrating and overwhelming a slip and fall injury can be. You are dealing with pain, medical bills, and lost time—all because someone else failed to take proper care. Our team is here to help you rise together.

We treat each case with care, professionalism, and urgency. We are not a big, cold firm. We are focused on your recovery and your future.

Call 833.88.SHARK for a free consultation about your injuries. Contact Fielding Law today to speak with a slip and fall lawyer who will stand up for you.

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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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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a person sitting on a cliff with a dog standing next to them.

Bitten? Know California’s Dog Bite Law

By Dog / Animal Bite, Premises Liability

Understanding California’s Dog Bite Law

A dog bite can be both physically and emotionally traumatic. In California, the law is clear—dog owners are strictly liable for injuries caused by their pets, even if the dog has never bitten anyone before.

This means that if you were bitten in a public place or lawfully on private property, the dog’s owner is responsible for your injuries.

California Civil Code § 3342 sets this rule in place and provides important protections for victims.

What Does “Strict Liability” Mean?

Under strict liability, the dog owner is automatically responsible for the bite, regardless of whether:

  • The dog has a history of aggression

  • The owner knew the dog might bite

  • The owner tried to prevent the bite

The only requirements are that the victim was either in a public place or lawfully on private property (such as a guest or delivery worker). There is no need to prove that the dog owner was negligent.

Where and When This Law Applies

California’s dog bite law applies in many common situations:

  • Bites in public parks, sidewalks, or neighborhoods

  • Attacks on private property where the victim was invited

  • Bites that occur at a dog owner’s home or during a visit

  • Injuries to workers such as mail carriers or landscapers

It does not apply if the victim was trespassing, provoking the dog, or if the dog was a police or military dog performing its duties.

Injuries Covered by the Law

Dog bites can cause serious harm, including:

  • Deep lacerations or puncture wounds

  • Infection and scarring

  • Nerve damage or loss of function

  • Emotional trauma, including fear or PTSD

Even a single bite can result in emergency room visits, surgeries, and long-term recovery. The law allows victims to seek compensation for medical bills, lost wages, pain and suffering, emotional distress, and more.

What To Do After a Dog Bite

If you or your child has been bitten:

Speak with an attorney who understands personal injury and dog bite laws before accepting any settlement.

Why Hire Fielding Law

At Fielding Law, we understand the physical pain and emotional toll that dog bites can cause. Whether your case involves a child bitten at a neighbor’s home or an adult attacked in public, we take your injury seriously. Our team will guide you through the legal process with compassion, professionalism, and the experience needed to pursue maximum compensation.

We represent injured clients throughout California and Arizona. You do not have to go through this 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.

September 24, 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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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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open books on a table

Terms to Know in Personal Injury

By Bicycle Accident, Boating Accident, Car Accident, Personal Injury, Premises Liability, Public Entity

Personal Injury law can seem unnerving at first, especially if it is your first time going through the process. Following an accident that was not your fault, it is completely natural to feel uncertain or overwhelmed about what comes next. That’s why we have created this simple guide to help you understand some of the key terms in personal injury law. Our goal is to make things clearer and help you feel more confident as you move forward in the legal process. Even a basic understanding of terminology can help the path feel a bit more approachable and less overwhelming.

Personal Injury

Negligence

  • Failure to take proper care or act with a level of caution that then results in the harm or damage to another person.
  • Example: A driver is texting while driving and runs a red light, hitting another car. The driver has failed to follow traffic laws and pay attention.

Plaintiff

  • You! The party who initiates a lawsuit by filing a complaint against another party. They are the one bringing the legal action and seeking a remedy for damages, and who we as Fielding Law represent.

Defendant

  • Them! The person, company or organization being blamed or sued in a legal case, whichever party is believed to have acted wrongfully.

Claim

  • When someone seeks legal justice for harm they’ve experienced, often because they are trying to find support, accountability, and sense of closure.

Liability

  • Being legally responsible for causing an accident or harm. They are responsible for covering medical bills, lost wages, or other costs after an accident.

Compensation

  • Money or support that someone receives after being hurt or harmed because of someone else’s actions or negligence. This helps cover things like medical bills, lost wages, pain and suffering, and other losses.

Medical Lien

  • Money given to someone who has been hurt or suffered a loss because of another person’s actions.

How Fielding Law Can Guide You

At Fielding Law, we are committed to more than just guiding you through the legal terms. We are here to make sure you feel supported and understood throughout the entire process. If you or a loved one has any questions or concerns, please contact us at 833.88.SHARK. Your peace of mind matters to us and we want you to feel empowered in moving ahead.

Nota: La información proporcionada es para fines educativos y no constituye asesoramiento legal. Siempre consulte con un abogado calificado para inquietudes legales.

September 2, 2025
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robot hand holding a glass globe

Can AI Replace Lawyers?

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Bus Accident, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Sexual Assault & Abuse, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Can You Replace a Lawyer With AI?

Artificial intelligence tools like Chat GPT are gaining popularity. They can draft documents, explain legal concepts, and summarize laws. Some people now believe they can replace a lawyer with AI and handle legal issues on their own. This is misleading and risky. Legal cases require human advocacy, judgment, and compassion that AI cannot provide.

What AI Can and Cannot Do

AI Can:

  • Explain general legal ideas and procedures

  • Summarize statutes and regulations

  • Draft basic templates or documents

  • Suggest broad next steps

AI Cannot:

  • Provide personalized advice specific to your case

  • Investigate evidence or interview witnesses

  • Navigate complex California or Arizona laws

  • Represent you in court or negotiate with insurers

  • Offer strategy, empathy, or advocacy

Attempting to replace a lawyer with AI may result in missed deadlines, weak claims, or reduced compensation.

What Fielding Law Provides That AI Cannot

Personalized Legal Guidance

Our attorneys study every detail of your case and create strategies tailored to your circumstances.

Thorough Investigation

We gather evidence, interview witnesses, and build strong claims that AI tools cannot manage.

Negotiation and Advocacy

We handle insurance companies and opposing parties with proven negotiation skills and legal experience.

Courtroom Representation

If needed, we fight for you in court, file motions, and adjust strategies in real time.

Compassionate Support

We understand how stressful injuries are. Our team provides clear communication and empathy throughout the process.

Why Real Lawyers Matter

Legal representation requires strategy, adaptability, and human insight. Trying to replace a lawyer with AI leaves you without proper protection.

Why Hire Fielding Law

At Fielding Law, we combine experience, compassion, and skill to protect your rights. We fight for fair compensation and support clients every step of the way. Technology can assist, but it cannot replace a real lawyer.

Call 833.88.SHARK today for a Free Consultation and experience the difference of true legal advocacy.

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

August 29, 2025
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Dark parking lot with negligent lighting and lack of security. It has a creepy feel

When Property Is Not Safe

By Assault, Personal Injury, Premises Liability, Wrongful Death

What Is Negligent Security?

Negligent security is when someone gets hurt because a property was not properly protected. Property owners have a legal duty to keep their spaces reasonably safe. This means they must take basic steps to help prevent crime or danger. When they fail to do that, and someone is injured, it may be a case for a negligent security lawyer.

If a person is assaulted, robbed, or otherwise harmed because of poor lighting, broken locks, or lack of security staff, the property owner may be responsible. A negligent security lawyer helps victims prove that the injury could have been avoided if the owner had taken proper safety measures.

In Arizona and California, property owners can be held legally accountable for what happens on their property. It is not just about criminal acts. It is also about whether the property owner ignored warning signs, past incidents, or known risks that put others in danger. These cases often involve serious injuries, emotional trauma, and lifelong effects.

If you or a loved one has suffered because of unsafe conditions on someone else’s property, you may have legal options. A negligent security lawyer can guide you through the process and help protect your rights.

Examples of Negligent Security

Some places do not do enough to protect visitors.

This can include:

  • No working lights in parking lots

  • Broken or missing locks

  • No cameras or broken security systems

  • Not trained security staff

  • Ignoring past crimes in the area

If these safety steps are missing and someone gets hurt, the property owner may be responsible.

Where It Can Happen

Negligent security can happen almost anywhere, such as:

  • Apartments

  • Stores or malls

  • Hotels

  • Bars or clubs

  • Concerts or events

  • Parking garages

If you or someone you love was hurt during a crime on someone else’s property, there may be a case.

What you may recover

If you were hurt because a place was unsafe, you might be able to get help for:

A skilled negligent security lawyer will help gather facts and show that the property owner could have done more to prevent your injury.

If you are unsure where to start, speaking with a negligent security lawyer can help you understand your options and protect your rights.

Why Choose Fielding Law

Getting hurt because a place was not safe can change your life. But you do not have to go through it alone. In both California and Arizona, unsafe property owners can be held accountable.

At Fielding Law, we listen, we care, and we act. Our team takes the time to understand your story and fight for what is fair. If you or a loved one has been hurt, call Fielding Law at 833.88.SHARK. We will help you move forward with strength, support, and compassion.

You Deserve Protection

Your safety matters. Whether you were shopping, working, or just visiting a location, you had the right to be protected. When that trust is broken, legal action may be the first step toward healing. You do not have to settle for silence. You have options—and Fielding Law is here to help.

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

July 21, 2025
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OCTLA The Gavel magazine article about negligent security lawyer

$2M Negligent Security Settlement Featured in OCTLA’s The Gavel

By Catastrophic Injury, Firm News and Celebrations, Personal Injury, Premises Liability

Securing Justice in the Face of Violence

At Fielding Law, we are proud to share an important case result. Attorneys Clark Fielding and Ryan Cooper recently secured a $2,000,000 policy limit settlement. The case involved a client who was shot multiple times at a California laundromat.

OCTLA The Gavel Sumer 2025 Article Cover in the mediaThis powerful case result was featured in the Summer 2025 issue of OCTLA’s The Gavel Magazine. The article recognized the legal skill and commitment it took to achieve justice for our client.

A Life Changed in Seconds

Our client was doing his laundry when a verbal disagreement with another customer escalated. That customer pulled a gun and shot our client both inside and outside the laundromat. Although he miraculously survived, the road to recovery was long. He spent months in hospitals and rehabilitation centers, facing physical and emotional trauma.

When the Shooter Has No Assets

The shooter was judgment-proof—meaning he had no assets to pursue in a civil case. Many firms may have stopped there. But we looked deeper.

Neglected Property. Preventable Harm.

We launched an aggressive investigation and uncovered something critical: this laundromat was not safe—and had not been for a long time. Records showed a history of violent crimes both in the laundromat and in the adjacent parking lot. Even more shocking, the property had been purchased by a developer years before the shooting, with plans to redevelop the area. But while awaiting redevelopment, the site had been left to deteriorate into a slum-like condition.

Shifting the Focus—and the Liability

By highlighting years of neglected security, ongoing criminal activity, and a foreseeable threat of violence, our team was able to shift the liability away from the shooter and hold the property owner responsible. The result: a $2,000,000 settlement—the maximum available under the policy.

A Future Rebuilt

Thanks to this outcome, our client will now receive lifetime payments through an annuity and trust. This ensures access to long-term care, financial stability, and the ability to rebuild his life after a tragedy that never should have happened.

Why Hire Fielding Law

At Fielding Law, we are not afraid to take on tough cases—and we never stop at the obvious. Our team understands the deep responsibility that comes with representing injured clients, and we pursue every angle to make sure justice is served.

If you or a loved one has suffered due to negligent security or premises liability, contact Fielding Law or call 833.88.SHARK to speak with an attorney who will truly fight for you.

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

July 17, 2025
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