No. Not unless they assume a duty of care. The question of whether police have a duty to protect the public, including subway passengers, is a complex legal and societal issue. According to the Supreme Court ruling in Warren v. District of Columbia (discussed here), the police do not have a constitutional duty to protect individuals from harm. This ruling establishes that the primary responsibility of law enforcement agencies is to enforce the law and maintain public order, as well as protect municipal property, rather than providing specific protection to individuals in every circumstance.
Police Officers Are Instruments of the Government
The reasoning behind this ruling is rooted in the concept of limited resources and the practical challenges of providing constant protection to all members of the public. Police departments must prioritize their efforts and allocate resources to address a wide range of public safety concerns. As a result, individual citizens often bear the responsibility of taking necessary actions to protect themselves in dangerous situations.
New York City Police Department Had No Duty To Protect Subway Car Passengers
The case described in the recent New York news, where a Marine Corps veteran allegedly killed Jordan Neely in a rear naked choke, highlights the reality that individuals may need to rely on their own abilities to defend themselves in certain circumstances. In this specific incident, the Marine, Daniel Penny, claimed to have acted in self-defense and protected other passengers after Neely threatened them aggressively. The video evidence captured the intensity of the situation and the actions taken by Penny to restrain Neely.
While it is essential for individuals to take measures to protect themselves and others when faced with imminent harm, it is important to note that every situation is unique, and the appropriate response depends on the specific circumstances. In this case, Penny’s attorney argued that his actions were a result of a perceived threat to his safety and that of others, highlighting the need for individuals to make split-second decisions when facing potential harm. Even if there were police officers; they could have simply looked the other way.
Example of Subway System Police Officer Ignoring Subway Crime
Joe Lozito, was a Philadelphia resident stabbed while riding a subway train after he was approached by madman killer, Maksim Gelman. The New York City subway train altercation occurred on February 12, 2011, with Gelman using his knife to stab Lozito in the face. With the police just standing there, Lozito was forced to fend off and subdue the knife wielding Gelman. The courts ruled that the police officers had no duty to protect subway ridership, including Joseph Lozito. No Supreme Court case has decided otherwise, either.
It is worth considering the broader implications of this reality, including the importance of personal safety awareness and self-defense training if you want to ride the subway system. If you are riding a subway train, you should probably make local community efforts to ensure public safety and consider learning Judo or grappling. These incidents underline the significance of understanding self-defense laws and being prepared to respond to potential threats in various settings, including public transportation on subway trains.
Nevertheless, it is crucial to acknowledge that the expectation for individuals to protect themselves does not absolve law enforcement agencies and society as a whole from the responsibility of creating safe environments. Police forces and NYPD officers, in particular, have no affirmative duty to protect individuals because no legal obligation exists at common law. LEO will not always address subway crime, and the local politicians do not seem too concerned about the underlying issues contributing to crime and violence. The balance between individual responsibility and societal support in promoting public safety remains an ongoing discussion and a subject of policy debates.
Conclusion
Just because the train operator has a special relationship and special duty of care to its passengers, it appears policing is not one of these duties when the state or local municipality is involved. Cops have “no constitutional duty” to protect people. Can you think of reasons why officers should be a special duty to protect subway passengers? What about the fact you can’t use a gun to defend yourself from wild killer the state sets loose? We want to hear your comments.
When you choose a nursing home for your loved one, you most likely research the facility and the care they provide. However, despite your efforts, nursing home abuse is rampant in the United States, with the National Council on Aging estimating one in every ten elderly suffering from abuse.
Elder abuse is not limited to nursing homes but can also occur at assisted living facilities or carried out by caregivers responsible for providing care to the elderly. It could even be your family member!
Ehline Law and our California elder abuse attorneys work with victims and family members in protecting the rights of the abused elderly and getting them the help and compensation they deserve. We understand how elder abuse goes unnoticed, so we’ve put up a guide to explain the seven important types of elder abuse you should watch out for.
7 Types of Elder Abuse
Neglect
This type of abuse occurs when the caregiver fails to provide the necessary services to the elderly. These types of elder abuse are not honest accidents but intentional acts of complete disregard for human lives, which can potentially endanger the elderly, leading to injuries or, in worse cases, wrongful death.
Dehydration, poor personal hygiene, malnourishment, untreated infections or illnesses, and sudden drop in weight are among the many symptoms of elder neglect.
Physical Abuse
Physical abuse is an intentional act carried out by the caretaker (the nursing home staff or the family members) to inflict physical pain and suffering onto the elderly using physical force. It involves hitting, slapping, pushing, scratching, bruising, physically restraining, and other forms of physical violence that can lead to injuries or, in worse cases, death.
Besides, family members, friends, or even other residents at the nursing home can physically harm the elderly. Physical abuse can either be a one-time incident or a regular occurrence. Since elderly people have weak bodies, even minor physical contact can lead to wounds or long-term health problems.
Physical abuse can also be an assault and falls under intentional tort, which is a serious offense under the criminal justice system. Injured victims or family members of the elderly suffering abuse can also pursue an elder abuse lawsuit against the perpetrator to recover compensation.
According to a 2017 study by the World Health Organization, 9.3% of nursing home staff admitted to physically abusing a resident at least once during their employment. The United States Justice Department revealed that one in 20 elder abuse cases reported to law enforcement authorities involves physical elder abuse. What’s shocking is that the Office of Women’s Health claims that a spouse or a romantic partner often perpetrates physical elder abuse.
There are several causes of physical elder abuse perpetrated by caregivers, including alcohol or substance abuse, criminal history, mental illness (getting pleasure in inflicting pain on others), history of childhood abuse, and stress, among others.
When looking for signs of physical elder abuse, the first thing to examine is the elderly’s body. Common symptoms of physical elder abuse include cigarette burns, broken bones, bruises, hair or tooth loss, sprains, and head injuries.
Besides physical symptoms of elder abuse, there are also emotional signs that you should look out for, and these include:
The victim’s inability to explain injuries
A strained relationship between the victim and their caregiver
Isolation and social withdrawal
Sexual Abuse
Often, elders suffering from medical problems such as Alzheimer’s, inability to communicate, or other cognitive illnesses are vulnerable to sexual abuse. Since the elders suffering from such diseases cannot communicate sexual abuse, this kind of abuse is often underreported and underresearched.
Sexual abuse includes sexual penetration, inappropriate touching, or other sexual contacts without the person’s consent.
An elderly may suffer from physical and behavioral problems following a sexual encounter, and some of the signs you should look out for include the following:
Pelvic injury
Difficulty walking or sitting down
Bruises around the genital area
Torn or stained undergarments
Unexplained vaginal or anal bleeding or irritation and pain in the genitals
Panic attacks
Social and emotional withdrawal
Suicide attempts
Symptoms of sexually transmitted diseases.
According to research studies carried out by the National Institute of Justice, the oldest victims are least likely to report elder sexual abuse or aid in the conviction of the perpetrator. This often happens when there are no signs of trauma on the body, which leads the victims to believe that no one will believe in their story.
Since sexual elder abuse is often underreported and underresearched, there is little known about the perpetrators and how they carry out these crimes. Family members, nursing staff, friends, other residents, and caregivers can be perpetrators of such a heinous crime. Sometimes, the abuser uses anesthesia or other intoxicants to subdue the victim before sexually abusing them.
Abandonment
The law defines elder abandonment as purposely deserting a person over 65. Abandonment, often confused with neglect, occurs when the person responsible for caring for the elderly suddenly abandons them. They may leave them at a nursing home without any formal arrangement or with elderly friends or family members who did not agree to take care of the older person. It can even involve leaving the elderly person out on the streets.
The caregiver may abandon the victim perhaps because they feel that taking care of them is a burden or they do not have the resources to provide care. Whatever the cause of abandonment, it can cause the victim serious confusion, leading to despair.
The signs of elder abandonment include the elderly alone, completely confused, lost, or scared, having poor personal hygiene, and seeming malnourished or dehydrated.
Emotional or Psychological Abuse
In 2020, the World Health Organization carried out research that revealed that one in three nursing home staff members admitted to emotional or psychological abuse at least once during their employment tenure. 67% of all elder abuse victims involve women.
Psychological abuse or emotional abuse are intentional acts of perpetrating mental suffering, distress, or pain. It also includes instilling fear in the victim by threatening them of using violence or ensuing physical abuse.
Emotional elder abuse may be as little as calling the elderly names or cursing them or as significant as scaring them to cut off all interactions with their loved ones. Although emotional abuse does not leave physical marks on the elderly’s body, it does have a devastating impact on their mental health which can lead to a post-traumatic stress disorder, depression, or other mental health conditions.
Financial Abuse
Financial abuse is one of the most common types of elder abuse. Elder financial abuse is when someone illegally or improperly uses an elder’s (aged 60 or older) money or belongings for personal use. According to the National Council on Aging, financial abuse causes victims over $2.9 billion annually in the United States, often carried out by family members, friends, or caregivers.
Elders are a vulnerable group that may put their trust in people who may not have their best interests at heart. Adult children are most likely to exploit the elderly financially, but it can often happen at nursing homes or assisted living facilities where caregivers may steal checkbooks or credit cards.
Some of the signs of financial exploitation you should look out for include the following:
Missing belongings or older person’s money
Irregularities in bank statements
Unexplained withdrawals or transactions
Eviction notices or unpaid bills.
Financial elder abuse is often challenging to determine compared to physical abuse, which may go on for years before someone catches it. Financial exploitation may not seem as devastating as physical abuse or other types of elder abuse, but it often is. When the elderly lose their life savings, they cannot afford a decent living, with some not having enough money to pay for rent or nursing home fees.
Self-neglect
Self-neglect is a severe problem and refers to an elderly person living in a way that risks their health, safety, or well-being. Many older adults do not want to let go of the independence that they once enjoyed in their earlier years and may decide to live without a caregiver or alone in their own homes. In doing so, they risk their health and well-being since they cannot care for themselves like they used to.
Some signs of self-neglect include the inability to feed or drink or cloth themselves, maintain poor hygiene, manage financial affairs, or adequately cater to their medical needs. Self-neglect does not occur at nursing homes or assisted living facilities since the elderly pay for the services. It could be neglect if the elderly person is at a nursing home and exhibiting such symptoms.
What to Do If You Suspect Elder Abuse
If you suspect one or multiple types of elder abuse, it is crucial to take the right steps. Ehline Law and our personal injury attorneys have over 15 years of experience handling elder abuse cases across California, and we guide our clients to take the following steps immediately.
Regularly Check up on Your Loved Ones
Whether sexual assault, psychological abuse, emotional abuse, or any other type of elder abuse, it may not be a one-off incident. Elder abuse may be constant and ongoing, adversely impacting the lives of the elderly victims. You should make an effort to see your loved ones regularly, check up on them, and talk to them. Visiting regularly can help you immediately identify signs and symptoms of elder abuse, allowing you to take quick action.
If you observe signs of elder abuse, you must document them by taking pictures of the injuries and keeping notes of behavioral changes. You may consider complaining about the elder abuse to the nursing home first to see whether the elderly situation improves. Make sure you document your complaint and keep tabs on the elderly and their health.
Call for Help
After you’ve witnessed the signs or symptoms of elder abuse, you must act immediately by reporting it to the relevant authorities. If the elderly are in a life-threatening situation, you should consider calling 911 and reporting your concerns about elder abuse.
In case the elderly is not in a life-threatening situation but is a victim of abuse, you should consider reaching out to Eldercare Locator, a free national service of the US Administration on Aging, at 1-800-677-1116. The operators will guide you on the available resources.
Reach out to an Experienced Elder Abuse Attorney
Consulting with an experienced elder abuse attorney is the best thing to do if you suspect elder abuse. An attorney can guide you through investigating the abuse, how to protect your loved one, and how to file a claim.
Schedule a Free Consultation with Ehline Law
If you are a victim of elder abuse or know someone who is, contact us at (833) LETS-SUE for a free consultation with our legal experts. We will guide you on how to approach the matter, what you could do for protection, and review the available legal options.
It is an unfortunate situation where you entrust your family member in the hands of professional caretakers only to find out that they’ve carried out abuse, causing harm to your loved ones. Under California law, elder abuse is a serious offense and can either be a felony or misdemeanor conviction, depending on the circumstances of the case.
Ehline Law and our personal injury attorneys have helped protect the rights of the elderly and assisted family members in successfully pursuing claims against nursing homes and abusive caretakers since 2005.
Here, we will review some of the elder abuse laws in California to raise awareness of the severity of the crime and the penalties for it.
California Law and Elder Abuse
Elder abuse is a broad term that can describe all types of abuse carried out on an older adult or a dependent adult, including the following:
Physical abuse
Emotional abuse
Sexual abuse
Financial abuse
Neglect.
Under the criminal justice system, there are two types of abuse: misdemeanor elder abuse and felony elder abuse.
Misdemeanor Elder Abuse
To convict a defendant of misdemeanor elder abuse, the prosecutor must prove the following:
The defendant willfully causes or permits, or with criminal negligence, subjected the older adult to unjustifiable physical pain or mental suffering.
The defendant’s actions could’ve endangered the life of the older adult.
The defendant knew of or should’ve reasonably known that the victim was an elder over 65.
Under criminal law, unjustifiable pain and mental suffering refer to pain and suffering that is excessive or unnecessary under the circumstances or conditions.
Felony Elder Abuse
To convict a defendant of felony elder abuse, the prosecutor must prove the following:
The defendant willfully causes or permits, or with criminal negligence, subjected the older adult to unjustifiable physical pain or mental suffering.
The actions carried out by the defendant could’ve produced significant bodily injury or even led to death.
The defendant knew of or should’ve reasonably known that the victim was an elder over 65.
To convict the defendant of financial abuse, the prosecutor must prove that the defendant committed an economic crime (theft, embezzlement, forgery, fraud, or identity theft), the stolen property belonged to the older adult, and the defendant was the caretaker or knew the victim was an older adult.
What Is Willful or Criminal Negligence?
Under criminal law, willful refers to doing something or carrying out an act deliberately or intentionally. On the other hand, criminal negligence refers to when an individual acts in a manner that shows a complete disregard for human life. Let’s look at an example.
Lyla lives with her 82-year-old mother, who suffers from physical or developmental disabilities and requires full-time care. Lyla is responsible for feeding her mother, but Lyla has not provided her with food and water for over a week.
Lyla’s actions cause her mother to almost die of dehydration. If the case ends up in criminal court, the facts are enough to give rise to criminal negligence. However, it is essential to note that the prosecutor can charge a person with criminal negligence only when they have a legal duty to act. So, what does that mean?
Jane used to care for her 79-year-old mother, Susan, but recently, she moved out of her mother’s home and left the responsibility to her brother, John. After Susan dies of septic shock caused by neglect, the police immediately arrest Jane, charging her with elder abuse. In this case, the prosecutor cannot charge Susan with elder abuse or criminal negligence since Susan did not have a legal duty to take care of her mother after her brother John assumed those responsibilities.
Elder Abuse Laws in California
Penal Code § 187 – Murder
Any person who willfully causes or permits harm with a malicious intent leading to murder may face either of the three:
Death
Life without parole
25 years imprisonment.
Penal Code § 261 – Rape
Under the PC 261, rape is sexual intercourse carried out by anyone who is not the older adult or the dependent adult’s spouse in the following circumstances:
The victim has physical or mental limitations whereby they cannot give legal consent, and the perpetrator knows or reasonably knows about it.
The perpetrator carries out sexual intercourse against the victim’s will through fear, force, or violence.
Using anesthetics, intoxicants, or any other substance renders the victim incapable of resisting.
The penalty for rape under PC 261 for rape is a minimum of three years in prison and a maximum of eight years imprisonment.
PC 288 deals with a caretaker who commits lewd or lascivious acts on a dependent adult either:
Willfully with the intent to arouse themselves or the dependent adult.
By force, use of violence, or fear.
Suppose the caretaker willfully commits lewd or lascivious acts on the dependent adult. In that case, it can either be a misdemeanor, for which the punishment is one year in county jail, or a felony, where the caretaker can spend up to three years in state prison.
Suppose the caretaker uses force, violence, or fear to commit lewd or lascivious acts on the dependent adult. In that case, it is a felony, and the punishment ranges between five and ten years in state prison.
Penal Code § 289 – Sexual Penetration
Under PC 289, if a perpetrator carries out an act of sexual penetration against the victim’s will using force, violence, or fear or if the victim does not have the physical or mental abilities to provide legal consent, the penalty can be anywhere between three to eight years in state prison.
Penal Code § 368(b)(1), (2), (3) – Elder or Dependent Adult Abuse Leading to Great Bodily Harm or Death (Unjustifiable Physical Pain)
PC 368 deals with the situation where the perpetrator inflicts unjustifiable physical pain or mental suffering on the victim, knowing that it could cause great bodily harm to the older adult or the dependent adult.
It also covers the caretaker who willfully causes or allows the dependent adult or the older adult to suffer injuries or places them in a situation where it could endanger their person or their health.
Under criminal law, depending on the severity of the act, it could either be a misdemeanor or a felony. In case of a misdemeanor, the court could order the perpetrator to spend one year in county jail, pay a $6,000 fine, or both. If the activities are felonies, the penalty is three to five years in state prison, depending on the victim’s age.
In case the incident results in the victim’s death, the defendant may receive between 5 to 7 years in state prison, depending on the victim’s age.
Penal Code § 368(c) – Elder or Dependent Adult Not Leading to Great Bodily Harm or Death.
The PC 368 (c) deals with the situation where the perpetrator inflicts unjustifiable physical pain or mental suffering onto the victim under circumstances that do not produce great bodily harm or death.
It also covers the caretaker who willfully causes or allows the dependent adult or the older adult to suffer injuries or place them in a situation that could endanger their health.
In situations where it doesn’t produce great bodily harm or death, the penalty under PC 368 (c) is a misdemeanor with six months in county jail, a $1,000 fine, or both.
When a person who is not the caretaker of the older adult or dependent adult commits theft, embezzlement, forgery, fraud, or identity theft of the victim’s personal property or personal identifying information, such acts may be a misdemeanor or a felony.
Under criminal law, if the financial damage is below $950, it is a misdemeanor for which the defendant must spend one year in county jail, pay a $1,000 fine, or both. When the financial damage exceeds $950, and the justice system determines the act as a misdemeanor, the penalty may be a year in county jail, a $2,500 fine, or both.
However, if the justice system determines the act as a felony, the consequences are far more severe. The defendant may have to spend up to four years in county jail, pay a 10,000 fine, or both.
PC 368 (e) deals with financial abuse carried out by the caretakers, and the penalties are the same as in PC 368 (d).
Penal Code § 422 – Criminal Threats
When a person willfully threatens an elder or dependent adult, warning them of significant bodily injury or death and causing fear in the victim for their or their family’s safety, the penalty under PC 422 for such acts varies depending on whether it is a misdemeanor or a felony.
For a misdemeanor, the penalty is one year in county jail for criminal threats, while it can be up to three years in state prison if the act is a felony.
Health & Safety Code § 1290(c) – Health and Care Violations
The Health & Safety Code deals with maintaining healthcare facilities and their compliance with standards and laws. Any healthcare facility violating the Health & Safety Code 1290 is a misdemeanor, and the penalty is 180 days in county jail, $2,500 in fines, or both.
A caretaker or those who have the custody of any elder or dependent adult have the responsibility to report abuse or neglect if it comes to their attention.
If they’re aware of the abuse perpetrated on the elder or dependent adult and fail to report it, it is a misdemeanor for which they must spend six months in county jail, pay 1,000 in fines, or both. In case the failure to report the abuse leads to significant bodily injury or death, they may face one year in county jail, a $5,000 fine, or both.
Can You Pursue a Civil Case for Elder Abuse/Pain or Mental Suffering?
Whether sexual, physical, or emotional abuse, an injured elder or dependent adult can pursue a civil case against the perpetrator to recover the damages caused, regardless of whether there is an ongoing criminal case. The outcome of a criminal case does not influence how a civil case may turn out.
In cases where an elder does not have the physical or mental ability to sue the perpetrator of abuse, their family members must report the crime and reach out to an experienced personal injury attorney.
Elder abuse can cause a lot of pain and suffering to older people and their family members, and you must seek the compensation you deserve for the damages caused.
Schedule a Free Consultation with Ehline Law to Discuss Your Claims
If you are a victim of elder abuse or know someone suffering from elder abuse, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.
Wrongful death suits are a type of personal injury that no one wants to be faced with. Losing a loved one is a difficult experience, especially if it happened unexpectedly and was caused by someone else’s negligence. It can leave a family (personal representative) feeling lost, confused, and angry. Aside from the emotional pain, there are financial concerns as well. You might be entitled to compensation if your loved one died due to someone else’s negligence. Neglectful death lawsuits are designed to compensate the surviving deceased family members financially. However, a grieving person will have a difficult time negotiating a settlement agreement due to a wrongful death caused by a reckless or careless defendant.
In this article, our top-rated Los Angeles wrongful death attorneys will discuss the legal process of filing a neglectful death lawsuit, including the elements of a wrongful death claim, how to prove negligence, preserving evidence, the statute of limitations, and the role of a wrongful death attorney and the injured party. We will also cover recovering money for lost income, funeral expenses, loss of consortium, and medical bills in typical wrongful death actions.
Elements of a Wrongful Death Claim
A death is considered wrongful or negligent when it is caused by a breach of contract or warranty, illegal conduct, or some procedural failure on the part of a healthcare professional. However, wrongful death lawsuits for medical malpractice (medical negligence) are among the hardest to prove (even with medical records) or finance. And even if you think you have a potential wrongful death suit, that doesn’t mean an experienced personal injury attorney wants to help with wrongful death settlements. Most lawyers loathe med mal cases and won’t touch them with a ten-foot pole.
The decedent’s estate or surviving family members may file a civil lawsuit over wrongful death claims in certain situations, including:
Negligence or Breach of Procedure: In wrongful death cases, this can include a car accident caused by a drunk driver, medical malpractice, or a work-related accident like chemical burns causing a victim’s death.
Breach of Duty of Care occurs when someone fails to take reasonable care in a particular situation. For example, a store owner fails to fix a broken stair, causing someone to fall and die. Personal injury lawsuits are typically brought by a personal injury lawyer on behalf of the surviving spouse affected by the wrongful act.
Direct or Indirect Causation: This refers to a situation where the defendant’s actions directly or indirectly caused the death of the decedent. For example, a doctor who prescribed the wrong medication to a patient resulted in their death; you may be able to file a wrongful death action.
Many wrongful death claims fail because sometimes expert witness testimony is required to prove the cause of the untimely death. If you fail to hire an expert, you can lose the causation argument, and your case gets dismissed by the civil court. Sometimes a criminal court determines the defendant breached the criminal standard of care. But that typically won’t be enough to prove a civil personal injury claim to the insurance company or a civil jury in a personal injury lawsuit.
Proving Negligence
As discussed above, regardless of the type of case, you must prove that the defendant’s negligence and conduct led to the death of the decedent. To prove negligence, you must be able to show that the responsible party was acting recklessly. You can prove your wrongful death damages by demonstrating the death was due to lack of preparation in an employee work area, intoxication, or some other cause. In wrongful death claims, you must persuade the court that the evidence and your account of the incident have a greater than 50% chance of accuracy. This is called the preponderance of the evidence standard to prove negligence caused the person’s death.
Preserving Evidence for a Wrongful Death Lawsuit
After establishing a link between the defendant’s breach of duty and the your loved one’s death, it is necessary to show that the defendant’s behavior was caused by negligence. This is why the preservation of evidence is so important; the causation of a death can be difficult to prove depending on the facts, which may even cost you your wrongful death claim. A lawyer who is an expert in this area will know how to collect and review all kinds of evidence (including accident records, medical reports, and other documentation) and then link it to the breach of duty that caused the death of your family member, thus proving the defendant’s negligence.
The Role of a Wrongful Death Attorney
Hiring an experienced wrongful death attorney to represent you in a neglectful death lawsuit is crucial. The attorney can help you gather evidence to prove negligence and represent you in court if necessary. An attorney can also ensure all legal deadlines are met in a wrongful death lawsuit. These superior injury lawyers will also make sure your wrongful death case is filed correctly. A wrongful death attorney can provide guidance on the statute of limitations and any potential defenses that the defendant may use to dispute the wrongful death lawsuit claim.
Statute of Limitations For a Wrongful Death Lawsuit?
When it comes to statutes of limitation in wrongful death cases, although there is no precise legal definition related to duty of care, the general laws for personal injury claims apply for this type of case, which means a maximum of two years to file your claim if a family member has died due to the negligence of a third party. It is important to note that the statute of limitations to file a wrongful death lawsuit varies from state to state, so it is essential to consult with an attorney knowledgeable about your state’s wrongful death lawsuit laws.
Our wrongful death lawsuit attorneys will investigate to see if you have a justiciable potential wrongful death lawsuit to file and even potential punitive damages due to criminal acts. These wrongful death lawsuit experts will also help you build your claim. We will do so by helping you gather vital evidence of causation and fault.
You will need this as a plaintiff must prove that the reported death was caused by negligence. We will also attempt insurance settlement negotiations. If we cannot win you enough money, we will represent you in a court wrongful death lawsuit if necessary.
Contact a Proven, Tested, Negligent Death Lawyer to Process Your Claims
Do you have witness statements or a police report to show the circumstances surrounding the death? Was it an intentional act? Was it a typical traffic accident? Want to pursue the person responsible? The proven legal team at our law firm will take steps to show the defendant was legally responsible to the victim’s family.
Our legal representatives will help certain family members with the right to sue to obtain financial compensation for lost wages and help file a wrongful death case against anyone who owed the decedent a legal duty. Call us today by dialing (213) 596-9642, or reach out online for a virtual consultation free of charge. Do or die. We make it happen by settlement or by a solid jury verdict in the plaintiff’s favor! Filing a wrongful death lawsuit just got a lot easier for you!
Anyone watching TV or posting on X knows parents and small business owners can’t flee California fast enough. California and the National Education Association (NEA) had been pushing anti-white Critical Race Theory in schools while claiming all along they weren’t.
I learned today that the NEA has been pushing what amounts to Critical Race Theory in education since at least 1973. Patricia Bidol is the relevant name.
— James Lindsay, against magic (@ConceptualJames) October 7, 2021
Then, democrats passed a law (SB 145) lowering the penalties for criminals who like to have sex with underaged boys.
⚠️LEGISLATIVE ALERT⚠️#SB145 is on its way to the governor's desk. If signed into law, a 24-year-old could have sexual relations with a 15-year-old child without being required to register as a sex offender.
After that, democrats tried to pass a law allowing public school teachers (many of whom are already far-left LGBTQ activists) to SECRETLY transition kids without telling parents. Newsom wanted to sign it into law but came under too much political heat from people like Max Bonilla and Elon Musk.
“California Gov. Gavin Newsom vetoed a bill that would have pushed parents to “affirm” the gender identities of trans children — bowing to statewide pressure from parents and high-powered critics such as Elon Musk, who called it “utter madness.” (Source.)
California district pays $100K to settle suit over support for secret transitioning conspiracy with teachers.
And good luck with school choice. You can’t even opt out of injecting your children with mRNA in CA, despite the fact zero scientific consensus exists to this day that it is safe and effective. Many military vets and parents in Southern California, in particular, see this as an erosion of their civil rights. To them, this is part of some woke gender ideology that has no place in supermarkets or retail stores, let alone in public schools.
Looks like some teachers are pretty "creative" as they implement the NEA's critical race theory (which is historically inaccurate), are pushing false science that kids can change their sexes to kindergartners, etc. NCLB at least set some standards to combat grade inflation.
A few days ago, Gavin Newsom argued straight-faced to the Florida Gov that more people are fleeing Florida than California. Of course, he used two sets of numbers (ignoring raw and choosing per capita), and, as usual, the fact check (aka Blackrock subsidiaries) glossed over this cheap parlor trick.
“In raw numbers, close to 13,000 more Californians moved to Florida than the other way around.” (Source:Politifact.)
However, the Florida numbers alone are not what matters. What matters is that traditional families and small businesses are fleeing California for other states faster than any state in the history of the union. The few Californians returning voted to raise taxes and create a California welfare state where they moved (Austin, Texas, Denver, Colorado.) What did they think would happen?
With the recent signing of Assembly Bill No. 1084 by California Governor Gavin Newsom, certain retailers in California will be mandated to implement a gender-neutral section for children confused about their gender identity. Many doctors, fearful of speaking in fear of having Newsom take their medical licenses, assert that will further ingrain to single moms with Munchhausen’s Syndrome by Proxythat plenty of free money is there to gender affirm your “they, their, them.”
Student/Parental Rights Actvist Max Bonilla (@outragedteen_)Summed it Up on Twitter.
BREAKING: California law that will charge retailers hundreds for not having “gender-neutral” section will go into effect next year. Non-compliance with the legislation will result in companies facing a $250 fine for their first violation, and penalties for more… (Source: X)
🚨 BREAKING 🚨: California law that will charge retailers hundreds for not having “gender-neutral” section will go into effect next year.
Non-compliance with the legislation will result in companies facing a $250 fine for their first violation, and $500 penalties for more… pic.twitter.com/36rR2GlQWQ
ANTIFA Bused in To Scare Parents at School Board Meetings?
Many of us have seen ANTIFA bused to school board meetings, attacking parents and siding with the public school administrators.
Biden’s FBI Sent to Intimidate CA Parents Over Trans Rights Disagreement?
The escalation of trans rights disputes in California has allegedly led to federal law enforcement intimidation of families. Parents say the FBI and other federal agencies have been weaponized to suppress dissenting viewpoints that infringe on parental rights and freedom of speech. A federal court ruling that the Biden Administration illegally colluded with social media and news agencies to suppress free speech seems to verify this operation. Many parents and doctors have been arguing that California and the Biden Administration are suppressing free speech to create the false impression of a consensus.
Critics say the government overstepped its role. Many injury lawyers agree this was an intrusion into personal liberties and family choices, similar to what happened under the Obama Administration (ala Lois Lerner of the IRS). They argue that this intimidates those who hold traditional values and sets a dangerous precedent for using government agencies to silence political opposition.
Alleged Run-ins with the FBI: A Closer Look
Local news outlets have highlighted instances where parents received unexpected visits from the FBI. These parents had reportedly opposed proposed gender-neutral legislation at school board meetings or through social media platforms. While details are sparse and confirmation is yet pending, the incidents seem to align with Gov. Gavin Newsom’s pro-LGBTQ+ initiatives, prompting questions about the extent to which state political agendas can influence federal action.
Concerns Over Federal Overreach
The possibility that the FBI is being used to coerce parents into compliance sparks unease and reinvigorates conversations around federal overreach. Is it fair for the government to force policy adherence? Does this infringe the First Amendment rights of parents? These are questions that have been swirling in the public discourse.
The Administration’s Response
Yet, California’s government and federal agencies have remained largely silent on these allegations. Despite fervent demands for transparency and clarification, the agenda continues to be pushed forward, leading many to speculate about the blurred lines between political ideology and the enforcement of law and order.
Left Wing School Boards, Middle School Students, and Gender Identity
Some of us have heard allegations that far-left school nurses are trying to force gender-affirming care on kindergartners, in particular kids with single moms. Just yesterday, non for profit media reported a story about school teachers allowing a boy with a penis to share a bed with little girls since the teachers union thinks that is “inclusive.” So it’s not just minor children in kindergarten; democratic lawmakers are also targeting middle school students at local public schools to explore and even alter their sexual orientation.
Why the Sudden Push for Gender Affirming Care?
Why do you think that is, and why, out of the blue, this push for gender-affirming “health care,” aka child body part mutilation and endocrine system destruction? How does affirming mental illness protect children? Why are so many school teachers secretly pushing gender transition without seeking parental consent? This development might nudge you toward a fine line of contemplation in an age where tradition and progressive ideas often stand at odds. Most lawyers who have done the research won’t deny this is about nursing and doctors’ unions who donate large sums of cash to Democrats.
This move, although intended to promote inclusivity, sparked polarizing reactions by diverging two sides:
Parents Protecting Children: On one hand, concerned parents argue that the bill further enables an agenda driven by what they perceive as “woke” – an ideology that weakens traditional family values and imposes what they see as a faith-based dogma. It enforces affirmation of mental illnesses, they argue. They also say it infringes on parent’s and children’s rights. They champion protecting children from perceived threats, including child groomers (people who want to separate kids from parents and brainwash them into sexual ideologies). They fear corporations and major players with strange sexual proclivities are setting public policy. They argue that perverts have turned this into a profit mill with low-information voters.
The Administrative State: On the contrary, advocates for the legislation, including LGBTQ+ activists, public school teachers, and left-wing college professors, insist that such measures are about inclusivity and acceptance rather than an imposition of any ideology. Many state-[taxpayer]funded experts assert the bill is an effort to counter harmful gender stereotypes that limit children’s potential and can lead to mental distress. Supporters argue that creating gender-neutral spaces and stores will create environments that allow children to be children, free of societal expectations and norms.
“We need to stop stigmatizing what’s acceptable for certain genders and just let kids be kids,” said California Democratic Congressman Evan Low, in his statement to the Associated Press, expressing the intent behind Assembly Bill No. 1084.
Gender identity detractors claim this bill has far-reaching implications. They claim it’s not just the toy sections in retail stores. They declare it sets a precedent to destroy future societal norms.
Here’s a look at this clash of perspectives. We also look at the gender identity retail TOY SECTION bill itself.
Text of Assembly Bill No. 1084?
AB 1084, Gender-neutral retail departments.
Existing law, the Unruh Civil Rights Act, specifies that all persons within the jurisdiction of the state are free and equal, and no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind.
This bill would require a retail department store that is physically located in California that has a total of 500 or more employees across all California retail department store locations that sells childcare items or toys to maintain a gender-neutral section or area to be labeled at the discretion of the retailer, in which a reasonable selection of the items and toys for children that it sells shall be displayed, regardless of whether they have been traditionally marketed for either girl or for boys.
Beginning on January 1, 2024, the bill would make a retail department store that fails to comply with these provisions liable for a civil penalty not to exceed $250 for a first violation or $500 for a subsequent violation, as provided.
The bill dismantles traditional constructs around gender norms. While it is appreciated by some who think it promotes inclusion by eradicating gender biases, others say its potential implications on parental authority and the perception of children’s mental health are dangerous. For them, such a law could potentially infringe upon parental rights and freedom of choice.
Woke public education teachers’ unions, pro-pedophile organizations, and other gender affirmation organizations stand to gain a lot of political power and campaign funding from the likes of people like Klaus Schwab and Larry Fink of Blackrock.
The Concerns of the Parents v. Purported Far-Left Child Groomers
On one side of the argument, parents are voicing their concerns about recent legislative changes, asserting that these movements seek to undermine traditional family values and infringe upon their parental rights. They are concerned about other billionaire elites who regularly flew to Epstein Island to write public policy. Parents argue Newsom/Weiner’s societal shifts are less about children’s best interests and safety and more about endorsing an ideology they perceive as harmful.
They argue that billionaire perverts got caught red-handed at Epstein Island, and now they are trying to legalize pedophilia before Obama judge Alison J. Nathan allows full public access to Ghislane Maxwell’s address book.
“Judge Alison Nathan is now the only the second openly LGBTQ+ woman to serve on a federal appellate court after Judge Beth Robinson” (Source.)
Wokism as a faith-based religion, as its critics sometimes refer to it, can be a contrast to traditional family values. Traditional family values typically uphold so-called “heteronormative roles” The left calls these “gender constructs.” These social justice crusaders claim that marriage, child-rearing, and religious beliefs are basically “backward thinking.”
Critics of wokism argue it promotes an acceptance and affirmative approach to morally or ethically questionable behaviors. On the other hand, proponents of wokism want to overturn outdated and harmful societal norms. They argue that affirming an individual’s perceived sexuality and choices leads to healthier communities.
These zealots think this leads to better mental health outcomes among marginalized groups. They believe it is violent to let parents choose whether girls can share the boy’s bathroom with boys across the country and vice versa. They argue no government overreach can be large enough when it comes to forcing the trans community belief system on non-LGGTQ people. With their de facto control over the school curriculum, state senate, and state assembly bills, population control advocates like Planned Parenthood are moving into the grift of LGBTQ issues.
Here’s the conflict: parents worry that laws like the gender-neutrality requirement in California constitute an overreach by an ‘administrative state’ – entities such as public schools, left-wing college professors, and gay and trans activists—into their private lives and choices. They view these rulings as disregarding their parental rights, where instead, these institutions decide what is best for their children.
Fanning the Flames: The Role of Corporations and Individuals
What deepens this ideological conflict are organizations and individuals that parents perceive to be advancing the cause of wokism. For instance, these parents see World Economic Forum (WEF), BlackRock, and Larry Fink as powerful entities leveraging their influence to further policies and narratives that they find disturbing.
Moreover, individuals such as California Governor Gavin Newsom have drawn criticism for their support of legislation like Assembly Bill No. 1084. Parents argue Newsom and Weiner are championing laws that harm their children and empower pedophiles. Parents say promoting the idea of sexual self-determination at an age when children are incapable of forming consent is CHILD ABUSE.
Indeed, these ideological conflicts between works and traditional family values underpin a more extensive debate going on today and are unlikely to be resolved any t
The Role of Mental Health Classification in Gender-Neutral Legislation
The issue of mental health classification is central to the debate around gender-neutral legislation. Critics assert that it often places undue stress on children, who are compelled to make complex and irrevocable decisions about their sexual identity (by LGBTQ authority figures at school) at a young age. Parents argue that gender dysphoria is a mental illness. They claim it is absurd for a tax-subsidized doctor who went to a new medical school to put a confused child through hormone replacement therapy or surgery. They argue that common sense leads to grievous bodily harm and irreversible consequences.
In contrast, gender-neutral legislation supporters say acknowledging and addressing gender dysphoria is a matter of human rights. They think little kids should be (with SECRET help from their school teachers) free to explore their gender identities. These far-left zealots call this a crucial step to self-discovery and self-affirmation by your 2-year-old and up.
The Intersection of Politics, Medicine and Profit
With the advent of government-sponsored healthcare, medical professionals are sometimes cast as profiteers who potentially exploit the vulnerability of individuals grappling with gender dysphoria for financial gain. Critics voice concerns over the possibility of children being swayed or pressured into hormone therapy or surgeries at a tender age – possibly even without the full informed consent or understanding of their parents. If woke teachers get their way, parents say this new trans-humanism religion will permanently damage the family structure, all by design.
Classifying mental health conditions to serve economic structures raises fresh questions about politics, medicine, and profit. This leads to exploring the role of large organizations, corporations, and individuals who stand to gain financially or politically from the legislation.
Psychiatrists and Psychologists: The Bedrock of Classification
Traditionally, mental health disorders are classified by psychiatrists and psychologists in frameworks such as the DSM (Diagnostic and Statistical Manual of Mental Disorders) and ICD (International Classification of Diseases).
While advocacy for greater inclusivity is generally laudable, dissent to AB 108 concerns eroding parental rights and financial burdens on businesses.
The Battle for Business and Parental Rights
Amidst these allegations, many parents and conservative groups remain adamant in their refusal to consent. They will not be silenced by intimidation when protecting their offspring. Their belief in preserving traditional family values drives their fight against what they perceive as an aggressive push towards radical wokism.
These apprehensive parents are battling a strong tide. Powerful institutions are pushing for inclusivity and acceptance, with major organizations such as Lego committing to creating gender-neutral toys and stores like Target providing ‘gender-friendly’ clothing. Despite the backlash, these entities maintain their stands, citing a continuing commitment to the so-called LGBTQIA+ community (less than 1% of the entire US population, by some accounts.
Conclusion: For Now It’s Large Stores Forced to Bow To Gender Affirming Care or Flee
As we close the lid on this contentious issue, it becomes apparent that society is at a crossroads. On the one hand, corporations and politicians push for greater inclusivity and diversity, advocating for measures like gender-neutral sections in large retail stores. On the other hand, they claim such policies infringe on their rights and expose their children to unnecessary gender confusion. Caught in the crossfire are retail giants – now forced to toe the line or risk facing hefty penalties.
At the heart of the issue is not just the matter of childhood innocence, parental rights, and individual freedom. Still, societal norms and our collective future. Parents worry about their children being caught up in these new, arguably radical ideologies, which, to their mind, play fast and loose with biology and mental health. From kindergarten to the university system, gender crusaders are leading the way to normalize gender transition procedures and hormones. Becoming a trans child is as simple as choosing toys or clothes in a shop at Target by its very nature.
So a clear line is drawn, and the struggle continues, first with children’s education and now with retail giants as the battleground over custody of trans kids. These non-Blackrock corporations must bow to the new norms of gender-affirming care or flee the state and its heavy-handed legislation. Whichever path they choose, they are bound to face criticism from one faction or the other. In the meantime, the exodus of what many call the Sodom and Gomorrah of America continues. Either way, any attempt to protect parental rights will be viewed as anti-LGBTQ legislation by Democrats and the California gov.
