Tag Archives: L.A. County lawyers
When Must Property Owners Warn of Hazards?
PROPERTY OWNERS HAVE A DUTY TO WARN ABOUT KNOWN HAZARDS ON THE LAND. Simply put, California property owners – and those in possession and control of land – have a duty to warn people about known hazards on the land. This includes both hazards about which the property owner has actual knowledge and those… Read More »
“Assumption of the Risk” in Recreational Activities
PEOPLE WHO ENGAGE IN RISKY RECREATIONAL ACTIVITIES MAY “ACCEPT THE RISK” OF CERTAIN INJURIES “Assumption of the risk” is a legal doctrine that, in proper circumstances, negates a defendant’s duty of care to an injured plaintiff. In practical terms, this means the defendant generally will not be held legally liable (on a standard negligence… Read More »
The Duty to Prevent Harm
In California, the law does not impose a general duty on people to take specific or affirmative actions to help or protect others, even when they see another person in danger. However, this rule is subject to many exceptions–so many that, in places, they seem to almost overwhelm the rule. California and Federal laws impose… Read More »
What Is the Lawyer’s Duty to Communicate With Clients?
CALIFORNIA ATTORNEYS MUST ACT WITH COMPETENCE. In California, “competent” representation of clients generally means that an attorney must act with reasonable diligence, exercise reasonable learning and skill, and demonstrate reasonable mental, physical, and emotional ability to represent clients. Although the specific requirements involved in competent representation of a client can vary, and determining whether or not an attorney… Read More »
The Requirements For Bringing a Legal Malpractice Claim
THE ELEMENTS OF A LEGAL MALPRACTICE CLAIM. To prevail on a legal malpractice claim, a plaintiff must prove all of the following elements, to the required degree of proof: 1. The defendant attorney had a legally recognized duty to the plaintiff; (In addition to other things, proving this element generally includes proof of the existence of… Read More »
When Has a Lawyer Committed Malpractice?
WHAT IS LEGAL MALPRACTICE? Legal malpractice–sometimes also known as “professional negligence”–occurs when a lawyer engages in negligence, breach of contract, or breach of a fiduciary duty, and the lawyer’s actions (or failure to act) results in damages (harm) to another person — usually a client. Not all mistakes by lawyers rise to the level… Read More »
Who Can Be Sued For Malicious Prosecution?
The law says that liability ultimately lies with those “responsible” for engaging in malicious prosecution. However, liability does not necessarily attach to everyone involved in the relevant legal action or proceeding. PARTIES TO LEGAL ACTIONS MAY BE HELD LIABLE FOR MALICIOUS PROSECUTION. Individuals (or entities) that unsuccessfully prosecute a legal action or engage in legal processes under inappropriate circumstances… Read More »
What Kinds of Cases Can Support A Claim For Malicious Prosecution?
MALICIOUS PROSECUTION CLAIMS ARE NOT AVAILABLE IN ALL LEGAL CASES People are often confused by the difference between “malice,” as used in a layperson’s context, and malicious prosecution, which is a legal cause of action (a claim that can be brought before a court in proper circumstances). While people may act “maliciously” in a… 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 »
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 »
