Tag Archives: lawyers
What is Medical Malpractice?
MEDICAL MALPRACTICE IS A FORM OF PROFESSIONAL NEGLIGENCE Malpractice claims arise from situations where a professional–usually someone practicing a licensed profession–performs his or her professional services in a negligent manner. Medical malpractice generally applies to licensed medical professionals, including (but not limited to) physicians, licensed therapists, and others who render medical services under a… Read More »
Are Parents Responsible For Their Children’s Negligent Acts?
GENERALLY SPEAKING, PARENTS ARE NOT AUTOMATICALLY LIABLE FOR THEIR CHILDREN’S NEGLIGENCE. While parents may be held liable for their children’s acts in some situations, California law does not impose a general liability on parents for the acts of their minor children. This means that parents may not always be legally responsible for the negligent acts… Read More »
Special Duties of Animal Owners
OWNERS HAVE A DUTY TO WARN OTHERS ABOUT DANGEROUS ANIMALS While animals are often loving, positive parts of people’s lives, people who own or have control over animals also have a duty to know their pets’ propensities (including temperament, behavior patterns, and likelihood of aggression) and to warn other people if pets are–or may be–dangerous… 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 Arising From “Special Relationships”
THE LAW RECOGNIZES CERTAIN “SPECIAL RELATIONSHIPS” THAT MAY GIVE RISE TO NEGLIGENCE-RELATED DUTIES Legal liability for negligence requires four elements: (1) a legally recognized duty, (2) a breach of that duty, (3) causation, and (4) damages. Many duties are imposed or created by law, including duties that arise from the relationship between the relevant… Read More »
Can A “Good Samaritan” Be Held Liable For Negligence?
WHEN “GOOD SAMARITANS” ACT NEGLIGENTLY, LEGAL LIABILITY MAY OCCUR The Biblical story of the “Good Samaritan” describes a person (a Samaritan) who voluntarily helps an injured man he discovers lying by the side of the road. In the Bible, the Samaritan is praised for his actions – as, indeed, society does (and should) consider… Read More »
Employer Liability For Negligent Hiring
WHAT IS NEGLIGENT HIRING? Negligent hiring is a form of negligence which may or may not be actionable (or create liability for employers in California) depending upon the facts and circumstances of each individual case. Negligent hiring differs from respondeat superior, which is a cause of action that may accrue against an employer for torts… Read More »
Understanding The Duty Of Care
UNLESS A DUTY OF CARE EXISTS, THERE CAN BE NO ACTIONABLE NEGLIGENCE The existence of a duty of care is a threshold requirement for negligence claims. Unless a duty of care exists, and unless the defendant owes that duty to the plaintiff who suffered injury, there can be no valid negligence claim. This is… Read More »
Permissive Use Liability in Automobile Accidents
WHAT IS “PERMISSIVE USE” LIABILITY? Permissive use liability is a form of imputed or vicarious liability created under the California Vehicle Code (Section 17150). This statute is one of several legal theories that hold the owner of a motor vehicle (often, but not limited to, an automobile) legally responsible for injuries caused by people using the… Read More »
Negligence in Property Maintenance: Premises Liability
WHAT IS “PREMISES LIABILITY”? Premises liability is a branch of negligence law that relates to the way real property, and the buildings and other “improvements” on real property, are constructed, maintained, and managed. As the name suggests, premises liability law deals with the way people (and businesses) that own, manage, or possess property may… Read More »
