Recent Blog Posts
Are Former Owners Liable Under Premises Liability Law?
FORMER OWNERS ARE NOT GENERALLY LIABLE FOR HARM OCCURRING AFTER TRANSFER OF OWNERSHIP OR CONTROL OF PROPERTY Generally speaking, premises liability law creates potential liability for people who own, possess, or control land at the time when an injury or damage occurs. This is true even if the hazard existed when the owner purchased… Read More »
Premises Liability Can Arise From Ownership, Possession, or Control of Land
“OWNERSHIP, POSSESSION, AND CONTROL” ARE DISJUNCTIVE REQUIREMENTS “Premises liability” is a branch of law that creates liability for people who own, possess, or control real property–meaning both land and improvements on land (buildings and other fixtures). Although many people think of premises liability as “owner liability,” in reality a person does not need to… Read More »
Understanding the Property Owner’s Duty of Care
PEOPLE WHO OWN REAL PROPERTY HAVE A DUTY NOT TO CREATE AN UNREASONABLE RISK OF HARM People who own real property have a legal duty to own, use, and manage their property (and any improvements on it, like buildings, fixtures, and equipment) with reasonable “due care.” This includes an obligation to own, use, manage… Read More »
What is “Premises Liability” and Who Is Liable?
PREMISES LIABILITY IS A FORM OF NEGLIGENCE RELATING TO THE USE AND MAINTENANCE OF REAL PROPERTY “Premises” is another word for real property, which means land, and the buildings and other improvements made to land. Premises liability is a form of negligence, under which the people who own, control, or (in appropriate circumstances) manage… Read More »
What is Medical Malpractice?
MEDICAL MALPRACTICE IS A FORM OF PROFESSIONAL NEGLIGENCE Malpractice claims arise from situations where a professional–usually someone practicing a licensed profession–performs his or her professional services in a negligent manner. Medical malpractice generally applies to licensed medical professionals, including (but not limited to) physicians, licensed therapists, and others who render medical services under a… Read More »
What is a Statute of Limitations?
STATUTES OF LIMITATION LIMIT THE TIME A PERSON HAS TO BRING A LEGAL CLAIM OR ACTION Generally speaking, the law favors certainty. For this reason, the law disfavors people being required to defend a lawsuit after too much time has expired. When lawsuits are not brought within a reasonable time, it becomes more difficult… Read More »
What Are Compensatory Damages?
COMPENSATORY DAMAGES ARE THE STANDARD RECOVERY IN NEGLIGENCE CASES As the name suggests, compensatory damages are intended to compensate the plaintiff for the injuries and/or damage (s)he suffered as a result of the defendant’s negligent acts. Plaintiffs must suffer actual, measurable harm in order to recover damages. “Nominal” damages–meaning damages too small for economic measurement,… Read More »
Understanding “Causation” in Negligence Cases
NEGLIGENCE CLAIMS HAVE FOUR PRIMARY ELEMENTS To prevail on a claim for negligence, an injured plaintiff must prove all four of the basic elements of the claim: 1. The existence of a legally-recognized duty the defendant owed to the plaintiff (or, in some cases, to the public at large – of which the plaintiff… Read More »
The Effect of Illegal Activities on Negligence Liability
IN SOME CASES, ILLEGAL ACTIVITIES MAY CONSTITUTE “NEGLIGENCE PER SE” When a defendant’s actions violate an applicable ordinance, law, or regulation, and the violation results in harm or damage to persons or property, the violation may constitute “negligence per se.” Negligence per se is a legal doctrine that creates a presumption of negligence–though the doctrine… Read More »
Are Parents Responsible For Their Children’s Negligent Acts?
GENERALLY SPEAKING, PARENTS ARE NOT AUTOMATICALLY LIABLE FOR THEIR CHILDREN’S NEGLIGENCE. While parents may be held liable for their children’s acts in some situations, California law does not impose a general liability on parents for the acts of their minor children. This means that parents may not always be legally responsible for the negligent acts… Read More »
