Tag Archives: lawyers
When is Property “Owned” by the Government?
INJURED PERSONS NEED TO DETERMINE WHO OWNS (OR CONTROLS) THE PROPERTY WHERE THE INJURIES OCCURRED. People who suffer personal injuries or property damage due to someone else’s negligent maintenance of property, or due to hazardous conditions on property, need to determine who is legally responsible for the property in question. While it’s tempting to blame the property… Read More »
What is “Negligence per se”?
NEGLIGENCE PER SE IS A RULE THAT CREATES A PRESUMPTION OF NEGLIGENCE WHERE DEFENDANTS BREAK CERTAIN KINDS OF LAWS When defendants–including property owners–engage in certain kinds of behavior, the law allows a presumption that negligence has occurred. While this presumption is rebuttable, meaning that a defendant can introduce evidence to prove (s)he was not negligent, the… Read More »
What Duty do Land Owners Owe to Minors?
GENERALLY, LAND OWNERS (AND POSSESSORS/MANAGERS) MUST PROTECT MINORS FROM REASONABLY FORESEEABLE HARM. People who own, control, or possess property generally have a duty to prevent reasonably foreseeable harm to children. This includes naturally-occurring hazards, artificial or constructed hazards (including, but not limited to, harms resulting from attractive nuisances like construction sites), and hazards caused… Read More »
Are Business Owners Responsible for Sidewalks?
BUSINESS OWNERS ARE NOT GENERALLY OBLIGATED TO MAINTAIN OR REPAIR PUBLIC SIDEWALKS In California, the general rule states that property owners and managers have no duty to repair, maintain, or mitigate hazards occurring on public sidewalks, even if those sidewalks are immediately adjacent to the property owner’s business. This is because most sidewalks are owned by… Read More »
What Duty Do Landowners Owe to Trespassers?
COMMON LAW RULES ABOUT “TYPES OF ENTRY” NO LONGER GOVERN PREMISES LIABILITY CLAIMS. Originally, California law held landlords and property owners to a different standard depending on the reason an injured person originally entered the defendant’s property. The highest level of duty was owed to “invitees” – people the owner “invited” or welcomed onto the land. The… Read More »
Can Former Owners Be Held Liable For Dangerous Property Conditions?
GENERALLY, PREVIOUS OWNERS OF PROPERTY ARE NOT LIABLE FOR INJURIES OCCURRING AFTER TRANSFER OF OWNERSHIP. Premises liability is a negligence-based cause of action (claim) which allows injured people to recover damages (normally, money) in return for injuries caused by dangerous conditions on land or, in appropriate situations, buildings and other fixtures or improvements constructed on land. In… Read More »
An Overview of Premises Liability
WHAT IS PREMISES LIABILITY? Premises liability is a tort (a legally recognized wrong) and a form of negligence. Premises liability claims arise when people or property are injured due to a dangerous condition on or caused by real property (land and certain fixtures affixed to land). When a person is hurt or property damaged as a result… 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 »
What Are the Elements of Attorney Fraud?
People often use the word “fraud” to describe a variety of actions, words, and activities that fall short of legally-recognized “fraud.” When considering a claim against a lawyer, a client (or former client) should be aware that “fraud” has a legal definition–and test–when applied to a lawyer’s conduct. LAWYERS CAN BE SUED FOR FRAUD,… Read More »
Can You Sue a Government Lawyer for Malpractice?
PROSECUTORS RECEIVE IMMUNITY FROM CERTAIN MALPRACTICE CLAIMS UNDER FEDERAL LAW A federal statute (42 USC § 1983) gives criminal prosecutors immunity for actions “intimately associated with the judicial phase of the criminal process.” In some situations, public defenders may also receive immunity for actions taken in connection with defending their clients at trial. Further, federal prosecutors receive… Read More »
