Tag Archives: L.A. County lawyers
Claim Presentation Requirements to Sue a Public Entity
INJURED PLAINTIFFS GENERALLY MUST COMPLY WITH STATUTORY CLAIM PRESENTATION PROCEDURES BEFORE SUING A PUBLIC ENTITY FOR DAMAGES OR INJURIES OCCURRING ON PUBLIC LAND. California Government Code Section 945.4 requires plaintiffs to present their claims, in writing, to a public or government entity before naming that entity as a defendant in a lawsuit. The plaintiff can… 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 »
The Duty to Warn of Dangerous Conditions on Property
PEOPLE WHO OWN (OR POSSESS, OR CONTROL) REAL PROPERTY HAVE A DUTY TO WARN OTHERS OF DANGERS AND HAZARDOUS CONDITIONS. As with all of the duties and obligations in premises liability law, the duty to warn applies not only to landowners and landlords, but to anyone who owns, possesses, or controls real property. People responsible… Read More »
Who Can Be Held Liable For Dangerous Property Conditions?
Premises Liability is a legal cause of action holding landowners, or people in possession and control of real property, legally liable for injuries and damage caused by certain kinds of dangerous conditions. PREMISES LIABILITY APPLIES TO PEOPLE WHO OWN OR CONTROL REAL PROPERTY. Liability for dangerous conditions on land (and certain types of fixtures,… Read More »
Certain Client Behaviors Provide a Defense to Legal Malpractice
In some situations, the client’s conduct may provide (or contribute to) a lawyer’s defenses in a malpractice case. While “blaming the client” may feel unfair to some people (especially clients), there are situations where the client’s behavior legitimately excuses or contributes to the lawyer’s negligence in ways that create a partial (or complete) defense for… Read More »
When is a Lawyer Liable for Breach of Fiduciary Duty to a Client?
IS BREACH OF FIDUCIARY DUTY THE SAME AS LEGAL MALPRACTICE? Breach of fiduciary duty is not the same as legal malpractice or professional negligence. While both are legally recognized wrongs that fall within the scope of tort law, breach of fiduciary duty is a separate tort, with separate remedies, than those available for professional negligence. WHAT… Read More »
Is Every Mistake a Lawyer Makes Malpractice?
Although some people may be surprised to hear it, the answer to the question above is: No. Not every mistake a lawyer makes will create malpractice liability. Mistakes happen, even to diligent people–and if an attorney gives mistaken advice, or makes an error in judgment, the lawyer has not necessarily committed malpractice. Analyzing whether a lawyer has… Read More »
What is Malicious Prosecution?
WHAT IS MALICIOUS PROSECUTION? In simple terms, “malicious prosecution” occurs when a plaintiff brings a lawsuit against a defendant with “malice”–specifically, with wrongful ulterior motives–and without probable cause to justify pursuit of a lawsuit. Malicious prosecution takes many forms, and occurs frequently in California (as elsewhere). While proving malicious prosecution can be tricky, malicious prosecution claims… Read More »
Are Property Owners Liable for Contractors’ Injuries? (Part 1)
Contractors and other workers sometimes incur injuries in the course of their employment. When those injuries occur on private property, questions may arise about whether or not the owner of the land on which the injury occurred is liable (in negligence or otherwise) for damages to the injured party. In the coming days, we’ll… Read More »
Are Landlords Liable For Injuries Occurring After Sale of the Rental Premises?
THE GENERAL RULE: TRANSFER OF OWNERSHIP TERMINATES THE FORMER OWNER’S LIABILITY Generally speaking, people who transfer ownership of property are no longer liable for accidents, damage, or dangerous conditions on the property after the date of sale. This applies (for the most part) even to dangerous conditions which existed before or at the time… Read More »
