Recent Blog Posts
What is “Res Ipsa Loquitur”?
RES IPSA LOQUITUR IS A LEGAL DOCTRINE IMPACTING PROOF OF CAUSATION “Res ipsa loquitur” is a Latin phrase that means “the thing speaks for itself.” In legal terms, res ipsa loquitur is a legal doctrine that allows a court to assume or infer the existence of negligence based on certain kinds of circumstantial evidence. Like… Read More »
Negligence “Per Se” – A Duty or Standard Established by Law
WHAT IS NEGLIGENCE PER SE? Negligence per se is a legal concept that, in certain situations, may make it easier for plaintiffs to prove a negligence claim. Where a defendant violated a law, ordinance, or regulation that establishes either a duty of care or the appropriate standard of care that people should use in specific circumstances,… Read More »
What Does it Mean to Legally “Cause” an Injury?
CAUSATION IS A MANDATORY ELEMENT OF NEGLIGENCE CLAIMS In order to prevail on a negligence claim, the plaintiff must prove causation — a legally-recognized causal relationship between the defendant’s breach of duty and the plaintiff’s injuries. Causation is a mandatory element of a negligence claim, which means that if the plaintiff cannot prove it to… Read More »
Breach of Duty: Violating the Standard of Care
NEGLIGENCE OCCURS WHEN A BREACH OF DUTY CAUSES INJURY. The existence of a duty, without more, does not create negligence liability. However, when a person violates a legally-recognized duty of care, and that breach of duty causes injury (or damage) to a person or property, negligence liability may result. WHEN HAS A PERSON BREACHED… Read More »
The Duty to Warn About Others’ Dangerous Conduct
GENERALLY, CALIFORNIA LAW IMPOSES NO DUTY TO WARN ABOUT ANOTHER PERSON’S CONDUCT OR PROPENSITIES (BUT MANY EXCEPTIONS EXIST). As a general rule, California law does not require people to issue warnings about the actual or potential conduct of others. However, like many legal rules, the lack of a duty to warn about others’ conduct… Read More »
The Definition–and Duty–of “Common Carriers”
WHAT ARE COMMON CARRIERS? Legally, a “common carrier” is any person or company that transports passengers or goods at standardized rates along regular routes. In simpler terms: any taxi, bus, train, airline, or trucking company is a common carrier, as is any other company (or individual) that performs a similar, regular service on a… Read More »
The Special Duties Owed by Professionals
CALIFORNIA LAW IMPOSES A SPECIAL DUTY OF CARE ON MANY PROFESSIONALS Generally speaking, people engaged in professional occupations in California must behave not only with the standard duty of care (that of acting like a reasonable person under the circumstances) but are held to the higher standard of a reasonable professional with the learning,… Read More »
The Duty to Prevent Harm
In California, the law does not impose a general duty on people to take specific or affirmative actions to help or protect others, even when they see another person in danger. However, this rule is subject to many exceptions–so many that, in places, they seem to almost overwhelm the rule. California and Federal laws impose… Read More »
What is Negligent Entrustment?
Under the law, “entrustment” can occur when a person gives, lends, or sells an item to someone else. Although entrustment contains the word “trust,” a person can be liable for negligent entrustment whether or not (s)he actually trusted the person to whom the item was loaned, given, or sold. Legally, a person can be held liable… Read More »
The Good Samaritan Rule in Negligence Cases
WHAT IS THE GOOD SAMARITAN RULE? When a person chooses to protect someone else, but does so in a negligent manner that causes further harm to the person protected, the “Good Samaritan Rule” (also called the voluntary undertaking rule) may apply. If so, the “Good Samaritan” (a reference to the Biblical story of the same name,… Read More »
