Recent Blog Posts
Special Relationships in Negligence: Housing/HOAs
GENERALLY, NEGLIGENCE LIABILITY REQUIRES THE EXISTENCE OF A DUTY Generally speaking, California law does not create negligence liability for people or entities who “fail to act” to prevent harm to others. This is because negligence liability requires the breach of a duty, and as a general rule the failure to act to prevent harm is… Read More »
Special Relationships in Negligence: School Districts
By law, the existence of a “special relationship” can create a duty for certain organizations and individuals to behave in a certain manner toward the people with whom they interact. California recognizes a special relationship between school districts–and their employees–and the students who attend school within the district. This relationship, in turn, creates an affirmative duty for the… Read More »
“Special Relationships” in Negligence: Businesses and Doctors
By law, the existence of a “special relationship” can create a duty for businesses and individuals to behave in a certain manner toward others, including (but not limited to) their customers and clients. Whether you own a business or were injured due to someone else’s negligence, it’s important to understand when and how these legally-recognized “special relationships”… Read More »
Negligence in “Special Relationship” Cases
Most Negligence Cases Require the Breach of a Legal Duty by the Defendant. The elements of a general negligence cause of action are: 1. The existence of a legal duty. 2. The defendant’s breach or violation of that legal duty (either through an affirmative action or by failing to act when action was required). 3…. Read More »
Proving Causation of Injuries on Public Lands
AS IN OTHER INJURY CASES, PLAINTIFFS MUST PROVE THEIR INJURIES WERE CAUSED BY THE HAZARDOUS CONDITION ON PUBLIC LANDS. Even if a plaintiff complies with the relevant claim presentation procedures, properly pleads each element of his or her case, and proves the existence of a dangerous condition on public lands, the plaintiff must still… Read More »
Proving Fault in Suits For Injuries on Public Lands
PLAINTIFFS MUST PROVE THAT PUBLIC ENTITY DEFENDANTS WERE AT FAULT FOR INJURIES OCCURRING ON PUBLIC LANDS. A mandatory element of an injured plaintiff’s claims against a government defendant for injuries occurring on public lands is the defendant’s “fault.” Plaintiffs can prove fault by proving either: (a) the public entity created the dangerous condition; or (b)… Read More »
Property Claims Against Public Entities: Foreseeability & Fault
PREMISES LIABILITY-STYLE CLAIMS AGAINST PUBLIC ENTITES MUST INCLUDE PROOF OF FORESEEABILITY. In order to recover on a claim for injuries received or damaged suffered on public property, a plaintiff must prove (among other things) that the dangerous condition of the property created a reasonably foreseeable risk, not only of injury, but of the type… Read More »
Suing A Government Entity For Hazardous Property Conditions
WHAT IS AN ACTIONABLY DANGEROUS CONDITION ON PUBLIC PROPERTY? In order to sue a government entity for injuries or other damages caused by hazardous conditions on public property, or property owned by the government entity, the plaintiff must prove (among other things) that the property was in a dangerous condition at the time the… Read More »
Claim Presentation Requirements to Sue a Public Entity
INJURED PLAINTIFFS GENERALLY MUST COMPLY WITH STATUTORY CLAIM PRESENTATION PROCEDURES BEFORE SUING A PUBLIC ENTITY FOR DAMAGES OR INJURIES OCCURRING ON PUBLIC LAND. California Government Code Section 945.4 requires plaintiffs to present their claims, in writing, to a public or government entity before naming that entity as a defendant in a lawsuit. The plaintiff can… Read More »
When is Property “Owned” by the Government?
INJURED PERSONS NEED TO DETERMINE WHO OWNS (OR CONTROLS) THE PROPERTY WHERE THE INJURIES OCCURRED. People who suffer personal injuries or property damage due to someone else’s negligent maintenance of property, or due to hazardous conditions on property, need to determine who is legally responsible for the property in question. While it’s tempting to blame the property… Read More »
