Article on California Vaccination Law Creates a Possible Opportunity for a New and Untested Legal Issue, Notes the Law Offices of Burg & Brock

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Commenting on the recent article, the personal injury law firm explains that, when laws such as this are passed, it often takes time for precedents to be established and for the legal ramifications of such a law to become clear.

By getting a vaccine, people do a service to themselves, and to public health in general.

While it will be difficult to know what the exact legal ramifications would be for non-compliance, there could surely be some sort of criminal or civil charges brought against an individual or business that fails to comply with the law.

According to an article published October 13th in the LA Times, a new state law signed by Gov. Jerry Brown makes it necessary for all daycare employees to be vaccinated for measles and whooping cough by September 1st, 2016. The article explains that, partially inspired by a widely publicized measles outbreak at Disneyland that affected nearly 150 people, the state is now taking proactive measures against once common childhood diseases that many had assumed were a thing of the past. According to Los Angeles personal injury law firm The Law Offices of Burg and Brock, laws like this that involve newly codified responsibilities in terms of protecting the health and safety of others, also tend to lead to complex legal matters when those responsibilities are not met. They explain that, while it will be difficult to know what the exact legal ramifications would be for non-compliance, there could surely be some sort of criminal or civil charges brought against an individual or business that fails to comply with the law.

The firm also explains that, in a hypothetical case where a daycare worker was not vaccinated, and ended up infecting a child, this matter also brings up the issue of individual or organizational liability. If it was a case where the employee knowingly misled their employer as to their vaccination status, or somehow provided falsified documents claiming a vaccination that never occurred, than that individual would likely be liable for any damages suffered by the victim, in addition to possible criminal charges for fraud. On the other hand, the law firm explains, if a child were infected by an employee who was not in compliance with the law simply because the employer did not care to verify their employees’ vaccination status, then the company would likely be at fault. The law firm notes that this latter situation may be more likely, since it would simply require negligence on the part of the hiring party, rather than the outright fraud described in the former.

Hopefully, concludes the law firm’s head litigator, Cameron Yadidi Brock, these cases never have to see the light of day due to responsible companies and their employees complying with the law and thereby not putting any children (or adults) at risk. Yet, his years as a personal injury lawyer have taught him that negligence will always be present, and a strong legal presence is necessary in deterring these actions. Those who have suffered an injury as a result of someone else’s negligence can contact the Law Offices of Burg and Brock today at (888) 979-7979 or visit them online at http://www.LegalDefenders.com.

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Michael Clauw
Cyberset Corp
+1 (818) 883-7277 Ext: 121
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Law Offices of Burg & Brock / Cameron Yadidi
since: 08/2011
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