Tag Archives: injury lawyers
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 »
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 »
Understanding the “Good Samaritan” Doctrine
THE GOOD SAMARITAN DOCTRINE APPLIES WHERE A PROPERTY OWNER CHOOSES TO ACT (IN THE ABSENCE OF A LEGAL DUTY). Sometimes, a property owner chooses to act (for example, to repair a hazardous condition on property) when he or she has no legal duty to do so. The legal rule that applies in these cases is called… Read More »
