Recent Blog Posts
Can You Sue the Government for Injuries Suffered on Public Land?
The “Governmental Immunity Doctrine” Protects the Government From Many Private Lawsuits Most Government entities are “immune from liability” – meaning they cannot be sued by private individuals, even those individuals are harmed by the government’s actions or inaction. Exceptions to the “governmental immunity” doctrine do exist, however; various statutes establish situations where private individuals… Read More »
What Damages Can Plaintiffs Recover in Premises Liability Cases?
Generally, Successful Plaintiffs in Premises Liability Cases Can Recover All Actual Damages Caused By the Defendant’s Negligent Conduct. “Actual” or “Compensatory” damages are the standard measure of damages in premises liability cases. Actual damages means all damages proximately caused by the defendant’s negligent or wrongful conduct. This may include repair or replacement costs for damaged… Read More »
Proving Causation in Cases Involving Negligence per se
NEGLIGENCE PER SE CREATES A PRESUMPTION OF DUTY / BREACH IN CERTAIN TYPES OF CASES. The rule of “negligence per se” creates a presumption of negligence where a plaintiff proves all of the following elements (to the requisite standard of proof): 1. The defendant violated a regulation, ordinance, or statute (a law). 2. The defendant’s illegal action caused harm to… Read More »
Showing “Causation” in Premises Liability Cases
CAUSATION IS A MANDATORY ELEMENT OF A PREMISES LIABILITY CLAIM. Like most negligence causes of action, premises liability claims require a plaintiff to prove four basic elements: 1. The existence of a duty on the part of the defendant (generally, a property owner, but also sometimes a person or entity in possession or control of land). 2. The defendant’s breach… Read More »
What is “Negligence per se”?
NEGLIGENCE PER SE IS A RULE THAT CREATES A PRESUMPTION OF NEGLIGENCE WHERE DEFENDANTS BREAK CERTAIN KINDS OF LAWS When defendants–including property owners–engage in certain kinds of behavior, the law allows a presumption that negligence has occurred. While this presumption is rebuttable, meaning that a defendant can introduce evidence to prove (s)he was not negligent, the… Read More »
What Duty do Land Owners Owe to Minors?
GENERALLY, LAND OWNERS (AND POSSESSORS/MANAGERS) MUST PROTECT MINORS FROM REASONABLY FORESEEABLE HARM. People who own, control, or possess property generally have a duty to prevent reasonably foreseeable harm to children. This includes naturally-occurring hazards, artificial or constructed hazards (including, but not limited to, harms resulting from attractive nuisances like construction sites), and hazards caused… Read More »
Does a Landlord Have a Duty to Protect Tenants Against Crime?
PROPERTY OWNERS MAY HAVE A DUTY TO PROTECT CERTAIN PEOPLE AGAINST FORESEEABLE CRIMINAL CONDUCT. Generally speaking, property owners are not responsible for the acts of third parties (meaning people who are not under the property owner’s actual or legal control). However, the law recognizes an exception to this general rule where a “special relationship” exists…. Read More »
When is a Property Owner Responsible for the Wrongful Acts of Others?
GENERALLY, THE LAW DOES NOT IMPOSE LIABILITY ON PEOPLE FOR THE ACTS OF OTHERS. As a general rule, the law holds each person responsible for his or her own actions. California law does not normally require people to control, oversee, or warn about the acts of “third parties” (a legal term that refers to… Read More »
Are Business Owners Responsible for Sidewalks?
BUSINESS OWNERS ARE NOT GENERALLY OBLIGATED TO MAINTAIN OR REPAIR PUBLIC SIDEWALKS In California, the general rule states that property owners and managers have no duty to repair, maintain, or mitigate hazards occurring on public sidewalks, even if those sidewalks are immediately adjacent to the property owner’s business. This is because most sidewalks are owned by… Read More »
Do Business Owners Have a Duty to Keep Their Customers Safe?
THE BUSINESS OWNER’S DUTY TO INSPECT AND REPAIR BUILDINGS AND BUSINESS PREMISES. People who own, manage, or control a business open to the public have a duty to their customers and other people who enter the business premises. Specifically, business owners (and those who manage or control commercial properties) have a legal obligation to exercise… Read More »
