Recent Blog Posts
Who Can Be Held Liable For Premises Liability?
WHO IS LIABLE (AND WHO IS PROTECTED) UNDER PREMISES LIABILITY LAW? Premises liability law is often used to protect the rights of tenants or visitors who are injured or whose property suffers damage while visiting or doing business on someone else’s property. Generally speaking, the duty to repair and maintain property and improvements arises… Read More »
Negligence in Property Maintenance: Premises Liability
WHAT IS “PREMISES LIABILITY”? Premises liability is a branch of negligence law that relates to the way real property, and the buildings and other “improvements” on real property, are constructed, maintained, and managed. As the name suggests, premises liability law deals with the way people (and businesses) that own, manage, or possess property may… Read More »
Is “Free Speech” a Defense to Negligence?
IN CERTAIN CASES, THE EXERCISE OF CONSTITUTIONALLY PROTECTED RIGHTS CAN PROVIDE A DEFENSE TO NEGLIGENCE. Both the California constitution and the Constitution of the United States grant people certain rights–for example, the rights to peaceful assembly, freedom of speech, and the free exercise of religion. Religion may provide at least a partial defense to… Read More »
Compensatory Damages in Malicious Prosecution Actions
WHAT ARE COMPENSATORY DAMAGES? Compensatory damages are damages designed to make the plaintiff “whole.” Put another way, compensatory damages attempt to compensate the plaintiff–to “pay back” the damages the plaintiff has incurred as a result of the defendant’s wrongful conduct. Generally speaking, only prevailing plaintiffs are able to recover damages. This means the plaintiff must… Read More »
Do Written Releases of Liability Have Any Limitations?
Before engaging in sports or other recreational activities, people are often asked to sign a written release or waiver of liability. These releases generally contain language absolving the person or company running the activity from “all” liability (including liability resulting from the company’s own negligence) if the participant is injured during the course of… Read More »
Assumption of the Risk in Releases and Waivers
ARE WRITTEN RELEASES OF LIABILITY VALID? Sometimes, people are asked to sign a written release of liability (sometimes called a “waiver of liability”) before engaging in certain kinds of sports or recreational activities. These waivers usually contain language releasing the person or company running the activity from legal liability for injuries the participant suffers… Read More »
“Assumption of the Risk” in Recreational Activities
PEOPLE WHO ENGAGE IN RISKY RECREATIONAL ACTIVITIES MAY “ACCEPT THE RISK” OF CERTAIN INJURIES “Assumption of the risk” is a legal doctrine that, in proper circumstances, negates a defendant’s duty of care to an injured plaintiff. In practical terms, this means the defendant generally will not be held legally liable (on a standard negligence… Read More »
“Assumption of the Risk” in Negligence Cases
ASSUMPTION OF THE RISK IS A DEFENSE IN NEGLIGENCE ACTIONS When applicable, the legal doctrine of “assumption of the risk” negates the defendant’s duty of care to the injured plaintiff, either entirely or in part. In circumstances where the doctrine applies, the defendant owes the plaintiff no legal duty, and thus is not generally… Read More »
Negligence Remedies, Part 1: Compensatory Damages
WHAT ARE COMPENSATORY DAMAGES IN NEGLIGENCE CASES? Compensatory damages is the legal term for damages–usually in the form of money–that a plaintiff receives to compensate him (or her) for all harm proximately caused by the defendant’s negligence and other wrongful acts. This may include personal injury, damage to property, and any other harm or damage… Read More »
Understanding “Comparative Fault” in Negligence Cases
COMPARATIVE FAULT MAY REDUCE A PLAINTIFF’S DAMAGE AWARD Comparative fault–also called comparative negligence–is a legal doctrine that may reduce the amount an injured plaintiff is able to recover from a defendant in negligence cases. If a plaintiff’s own negligence contributed to his or her injuries, the doctrine of comparative fault may reduce the plaintiff’s… Read More »
