Tag Archives: L.A. County attorneys
The Land Owner’s Duty to Protect Children From Harm
PROPERTY OWNERS HAVE A DUTY TO PROTECT CHILDREN FROM FORESEEABLE HARM The law imposes special duties on land owners (and those in possession and control of land) where children are involved. Specifically, owners of land (and those in possession or control of property) must take reasonable steps to protect children against reasonably foreseeable hazards…. Read More »
Who Has Liability for Dangerous Sidewalks?
PROPERTY OWNERS MUST NOT CREATE HAZARDOUS CONDITIONS ON SIDEWALKS California law does not require property owners to maintain public sidewalks adjacent to their properties. Maintenance of public sidewalks is generally the duty of the city or municipality that owns the walkway. However, where statutes (laws) or other regulations (such as CC&Rs) require property owners… Read More »
Use of Expert Testimony to Establish a Lawyer’s Malpractice
WHEN IS EXPERT TESTIMONY NOT REQUIRED IN LEGAL MALPRACTICE ACTIONS? Legal malpractice lawsuits often involve expert testimony (often offered by attorney-experts) to establish the defendant lawyer’s breach of a duty to the plaintiff. Where the breach of duty is “clearly established” to a degree that no reasonable person could conclude the attorney was not… Read More »
The High Cost of Legal Malpractice Lawsuits
How Much Does a Legal Malpractice Lawsuit Cost? It’s impossible to answer this question precisely, because the cost of pursuing a claim for legal malpractice (professional negligence) varies on a case by case basis. If the plaintiff/claimant has clear, documented evidence of an attorney’s professional negligence, the costs of a lawsuit are generally lower–or may… Read More »
Not All Proceedings Will Support Malicious Prosecution Claims
The tort of malicious prosecution applies to many types of cases, but not every case will support a claim of malicious prosecution. In addition to meeting the elements of the tort itself, the underlying case or proceeding that gave rise to the malicious prosecution claim must be a proper type of case–meaning one that the… Read More »
The Attorney’s Duty to Communicate With Clients (Part 2)
Earlier this week, we took a look at the basic obligations attorneys face with regard to client communications in the context of legal representation. Today, we’ll continue that discussion with an in-depth look at what attorneys are required to disclose with regard to the attorney-client relationship. ATTORNEYS MUST INFORM CLIENTS OF ISSUES OR DEVELOPMENTS IMPACTING… Read More »
“Strict Liability” for Product Defects
What is Strict Liability? “Strict liability” is a legal theory which holds defendants liable for injuries and damage caused by defective products. The term “strict liability” relates to the fact that liability attaches based on proof that the product: (a) was defective and (b) caused the damage or injury. Unlike some legal theories, such as… Read More »
When is a Written Release of Liability Enforceable?
As we discussed in previous posts, California law generally holds that a valid, written, signed release or liability waiver is effective, and that an injured plaintiff cannot subsequently sue a defendant if a release was signed relating to the activity that caused the injury. However, releases and liability waivers must be adequate and comply with certain… Read More »
The Duty to Avoid “Obvious” Hazards
Landlords, and tenants in control of property, do not have a legal obligation to ensure that no one is injured on or by conditions on their properties. The law does not consider them “insurers” of people’s safety. The “duty” which exists under negligence law requires landlords, and other people in possession and control of property,… Read More »
