Tag Archives: lawyers
Compensatory Damages in Malicious Prosecution Actions
WHAT ARE COMPENSATORY DAMAGES? Compensatory damages are damages designed to make the plaintiff “whole.” Put another way, compensatory damages attempt to compensate the plaintiff–to “pay back” the damages the plaintiff has incurred as a result of the defendant’s wrongful conduct. Generally speaking, only prevailing plaintiffs are able to recover damages. This means the plaintiff must… Read More »
“Assumption of the Risk” in Negligence Cases
ASSUMPTION OF THE RISK IS A DEFENSE IN NEGLIGENCE ACTIONS When applicable, the legal doctrine of “assumption of the risk” negates the defendant’s duty of care to the injured plaintiff, either entirely or in part. In circumstances where the doctrine applies, the defendant owes the plaintiff no legal duty, and thus is not generally… Read More »
Understanding “Comparative Fault” in Negligence Cases
COMPARATIVE FAULT MAY REDUCE A PLAINTIFF’S DAMAGE AWARD Comparative fault–also called comparative negligence–is a legal doctrine that may reduce the amount an injured plaintiff is able to recover from a defendant in negligence cases. If a plaintiff’s own negligence contributed to his or her injuries, the doctrine of comparative fault may reduce the plaintiff’s… 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 »
The Definition–and Duty–of “Common Carriers”
WHAT ARE COMMON CARRIERS? Legally, a “common carrier” is any person or company that transports passengers or goods at standardized rates along regular routes. In simpler terms: any taxi, bus, train, airline, or trucking company is a common carrier, as is any other company (or individual) that performs a similar, regular service on a… Read More »
What is Negligent Entrustment?
Under the law, “entrustment” can occur when a person gives, lends, or sells an item to someone else. Although entrustment contains the word “trust,” a person can be liable for negligent entrustment whether or not (s)he actually trusted the person to whom the item was loaned, given, or sold. Legally, a person can be held liable… Read More »
The Good Samaritan Rule in Negligence Cases
WHAT IS THE GOOD SAMARITAN RULE? When a person chooses to protect someone else, but does so in a negligent manner that causes further harm to the person protected, the “Good Samaritan Rule” (also called the voluntary undertaking rule) may apply. If so, the “Good Samaritan” (a reference to the Biblical story of the same name,… Read More »
What is Negligence?
NEGLIGENCE INVOLVES A BREACH OF DUTY THAT RESULTS IN INJURY. When people (or, in proper circumstances, entities like corporations) fail to comply with their legal duties, and someone is injured as a result of that failure, negligence law provides the framework within which courts (and individuals) determine whether or not the wrongdoer will be held liable and… Read More »
Why Are Lost Punitive Damages Not Awarded in Legal Malpractice Actions?
PLAINTIFFS IN MALPRACTICE ACTIONS CANNOT GENERALLY RECOVER “LOST PUNITIVE DAMAGES” FROM NEGLIGENT COUNSEL. A client who fails to recover punitive damages in a legal action–even as a result of attorney negligence–generally cannot claim the “lost” punitive damages as part of the compensatory damages claimed in a legal malpractice action. While plaintiffs may consider these lost punitive damages… Read More »
Recoverable Damages in Legal Malpractice Actions
WHAT DAMAGES CAN A CLIENT RECOVER AGAINST A NEGLIGENT LAWYER? Plaintiffs who successfully bring a legal malpractice action against a lawyer may recover damages sufficient to “make the client whole,” or — in the words of California Civil Code Section 3333: “The amount which will compensate for all the detriment proximately caused [by the wrongful… Read More »
