Tag Archives: L.A. County attorneys
When is Property “Public Property” for Purposes of Injury-Related Lawsuits?
WHEN DOES A PUBLIC ENTITY “OWN OR CONTROL” PROPERTY? When injuries occur on property, plaintiffs (and their attorneys) must determine who has liability for the land in question–and for dangerous conditions on the land which lead to injury. In order to sue a public or government entity over injuries occurring on public land, the… Read More »
Proving Breach of a Property Owner’s Duty
HOW DOES NEGLIGENCE RELATE TO PREMISES LIABILITY? Premises liability is a form of negligence, which means the plaintiff (usually, the injured party or someone suing on his or her behalf) must prove the elements of negligence in order to prevail. The elements of a claim for negligence are: 1. The existence of a legally… Read More »
Defenses to Malpractice Claims (part 1)
When a plaintiff claims a lawyer’s actions constitute malpractice, the defendant attorney has the right to assert certain legally-recognized defenses. If proven, these defenses may provide partial or complete justification for the attorney’s actions and/or reduce the amount of damages available to the plaintiff if the malpractice claim prevails. This week, we’ll take a… Read More »
The “Tactical Immunity” Doctrine in Legal (Mal)practice
As we discussed on Monday, not everything a lawyer does is subject to malpractice liability. The fact that a lawyer loses a case, or that a client does not obtain the outcome he or she wanted does not necessarily mean the lawyer committed professional negligence. While clients should seek professional counsel if they believe… Read More »
Every “Mistake” A Lawyer Makes is Not Malpractice (Part 1 of 2)
We’ve spent a lot of time on this blog discussing attorney malpractice and the legal tests to establish it. This week, we’re taking a short break to discuss some of the things that do not usually qualify as malpractice (aka “professional negligence”). The items and actions discussed this week may combine with other actions… Read More »
Birthday Party Hazards, Part 3: Decks, Stairs, and Railings
In previous weeks, we’ve looked at a few of the dangers party hosts may face from decorations and wrapping materials. Today, we’re looking at something a little more subtle, but no less hazardous: defective or dangerous structures within and around the home. Property owners are liable for hazards on their property, and for damages… Read More »
