Tag Archives: liability
Are Property Owners Liable For Contractors’ Mistakes?
NON-DELEGABLE DUTIES CAN CREATE LEGAL LIABILITY FOR LAND OWNERS WHEN A CONTRACTOR ACTS NEGLIGENTLY Many property owners hire contractors and assume, if anyone is injured during construction, that the contractor will bear the legal liability for the injury. However, this is not always true. California law imposes certain duties on the owner or possessor… Read More »
The Land Owner’s Duty to Protect Children From Harm
PROPERTY OWNERS HAVE A DUTY TO PROTECT CHILDREN FROM FORESEEABLE HARM The law imposes special duties on land owners (and those in possession and control of land) where children are involved. Specifically, owners of land (and those in possession or control of property) must take reasonable steps to protect children against reasonably foreseeable hazards…. Read More »
Liability for the Acts of Others
Generally speaking, California law does not require people to control the acts of others, or to warn people about the potential actions of third parties. As a general rule, the law makes each person liable for his or her own actions, and not for the actions of others. However, California also recognizes many exceptions… Read More »
Do Property Owners Have a Duty to Trespassers?
GENERALLY SPEAKING, PROPERTY OWNERS OWE NO DUTY TO PEOPLE ENGAGED IN FELONIOUS ACTS Although, as a general rule, property owners (and those with possession and control of real property) owe a duty to all people who enter the property, California law does recognize an affirmative defense if a person is injured while committing a… Read More »
What is “Premises Liability” and Who Is Liable?
PREMISES LIABILITY IS A FORM OF NEGLIGENCE RELATING TO THE USE AND MAINTENANCE OF REAL PROPERTY “Premises” is another word for real property, which means land, and the buildings and other improvements made to land. Premises liability is a form of negligence, under which the people who own, control, or (in appropriate circumstances) manage… Read More »
The Effect of Illegal Activities on Negligence Liability
IN SOME CASES, ILLEGAL ACTIVITIES MAY CONSTITUTE “NEGLIGENCE PER SE” When a defendant’s actions violate an applicable ordinance, law, or regulation, and the violation results in harm or damage to persons or property, the violation may constitute “negligence per se.” Negligence per se is a legal doctrine that creates a presumption of negligence–though the doctrine… Read More »
Understanding the Legal Difference Between Misfeasance and Nonfeasance
A person’s legal obligations may include a duty to act (an affirmative duty to take some action), a duty to refrain from acting (a duty not to take certain actions), or both. Legal duties may also take on different characteristics in different circumstances, and may include both the duty to act affirmatively in certain situations… 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 »
Who Is Legally Liable For Dangerous Conditions on Property?
PREMISES LIABILITY LAW DOES NOT APPLY ONLY TO OWNERS OF PROPERTY. Premises liability law creates duties, rights, and remedies relating to real property and improvements on real property, like buildings, recreational equipment (e.g., swimming pools), and certain kinds of landscaping. The potential liability associated with premises liability applies to any person (including corporations and other legal… Read More »
What Does it Mean to Legally “Cause” an Injury?
CAUSATION IS A MANDATORY ELEMENT OF NEGLIGENCE CLAIMS In order to prevail on a negligence claim, the plaintiff must prove causation — a legally-recognized causal relationship between the defendant’s breach of duty and the plaintiff’s injuries. Causation is a mandatory element of a negligence claim, which means that if the plaintiff cannot prove it to… Read More »
