Tag Archives: L.A. lawyers
The Difference Between Negligent Hiring and “Respondeat Superior”
PROPERTY OWNERS MUST USE REASONABLE CARE WHEN HIRING WORKERS Property owners have a legally recognized duty to use “due care” (essentially, reasonable care) whenn hiring employees and other persons to perform work on the land owner’s property. This liability also attaches to people in possession or control of land, if they hire workers or… Read More »
How Do Courts Evaluate “Duty” Under Premises Liability Law?
STATUTES MAY ESTABLISH THE EXISTENCE OF A DUTY Sometimes, the land owner’s duty (or the duty of someone who possesses or controls real property) is established by statute. Statutes–the formal word for laws created by a legislative or administrative body–establish various duties with which persons who own, control, or possess real property must comply. Where… Read More »
When Has a Person Breached the Duty of Care?
WHAT IS A BREACH OF DUTY? Generally speaking, a “breach” of a duty occurs when a person acts (or fails to act) in a way that violates an applicable, legally-recognized standard of care. Sometimes, people behave in a careless or insensitive manner – or even with hostility – but if the conduct does not… Read More »
Negligence “Per Se” – A Duty or Standard Established by Law
WHAT IS NEGLIGENCE PER SE? Negligence per se is a legal concept that, in certain situations, may make it easier for plaintiffs to prove a negligence claim. Where a defendant violated a law, ordinance, or regulation that establishes either a duty of care or the appropriate standard of care that people should use in specific circumstances,… Read More »
Why Are Legal Malpractice Cases Difficult?
Many times, non-lawyers believe that any mistake a lawyer makes is grounds for a legal malpractice claim, or that legal malpractice lawsuits should be “easy” to prove. However, in most cases, legal malpractice actions are difficult, costly, and time-consuming, for several important reasons: Not every legal loss results from malpractice. Distinguishing actionable malpractice (professional… Read More »
What is “Judgmental Immunity” in Legal Malpractice?
LAWYERS HAVE A DUTY TO ACT REASONABLY IN THE PRACTICE OF LAW. Generally, lawyers are expected to possess the degree of knowledge, and exercise the degree of reasonable care, that competent lawyers exercise when engaged in the practice of law. California lawyers are also supposed to know, or to discover, rules of law which can… Read More »
What Kind of Intent, and Harm, Is Required For Trespass?
A TRESPASS REQUIRES ONLY INTENT TO ENTER THE LAND WHERE THE TRESPASS OCCURRED. Like a number of other torts, the level of “intent” required to prove a trespass claim is very low. The defendant (trespasser) only needs to have an intent to go to, or be at, the place where the trespass occurred. A trespass claim… Read More »
Who Can Sue — Or Be Sued — For Trespass?
TRESPASS LAWS PROTECT THE RIGHT TO POSSESSION OF LAND. Trespass claims are designed to protect possessory interests — the right to possess and control real property (usually land, but also buildings and fixtures on the land). A person who has the right to possess and control real property generally has standing to sue for trespass, meaning… Read More »
What is “Trespassing”?
Although sometimes used as a verb–trespassing–the legal name for the cause of action that arises when someone enters another person’s property without permission is actually Trespass. THE ELEMENTS OF TRESPASS. Legally speaking, “trespass” requires: 1. Knowing entry 2. Onto land owned by someone else 3. Without the owner’s permission. IS TRESPASS A CRIME OR A… Read More »
When is an Action “Terminated” for Purposes of Malicious Prosecution?
THE UNDERLYING ACTION GIVING RISE TO MALICIOUS PROSECUTION CLAIMS MUST BE “FINALLY TERMINATED” BEFORE A PARTY CAN BRING THE CLAIM FOR MALICIOUS PROSECUTION. The elements of a successful malicious prosecution claim include “full, final, and favorable” resolution of the underlying claim. The “favorable” element must be fulfilled in favor of the party claiming malicious prosecution —… Read More »
