Tag Archives: liability
Breach of Duty: Violating the Standard of Care
NEGLIGENCE OCCURS WHEN A BREACH OF DUTY CAUSES INJURY. The existence of a duty, without more, does not create negligence liability. However, when a person violates a legally-recognized duty of care, and that breach of duty causes injury (or damage) to a person or property, negligence liability may result. WHEN HAS A PERSON BREACHED… 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 »
Emotional Distress in Legal Malpractice Actions
DAMAGES FOR EMOTIONAL DISTRESS ARE NOT TYPICALLY RECOVERABLE IN LEGAL MALPRACTICE ACTIONS. Generally speaking, plaintiffs in legal malpractice actions cannot recover damages for emotional distress resulting from the lawyer’s negligence (malpractice). However, damages for emotional distress may be available in legal malpractice actions where the client can prove: 1. The emotional distress was severe, and… Read More »
When Has a Lawyer Committed Malpractice?
WHAT IS LEGAL MALPRACTICE? Legal malpractice–sometimes also known as “professional negligence”–occurs when a lawyer engages in negligence, breach of contract, or breach of a fiduciary duty, and the lawyer’s actions (or failure to act) results in damages (harm) to another person — usually a client. Not all mistakes by lawyers rise to the level… Read More »
Negligence in “Special Relationship” Cases
Most Negligence Cases Require the Breach of a Legal Duty by the Defendant. The elements of a general negligence cause of action are: 1. The existence of a legal duty. 2. The defendant’s breach or violation of that legal duty (either through an affirmative action or by failing to act when action was required). 3…. Read More »
Are Homeowners Liable for Dangerous Sidewalks?
GENERALLY, PROPERTY OWNERS HAVE NO DUTY TO MAINTAIN OR REPAIR PUBLIC SIDEWALKS California law generally does not hold property owners liable for the failure to repair, maintain, or clean public sidewalks adjacent to their homes or business properties. This liability may be created by statute, but in the absence of a specific law requiring… Read More »
Don’t Hedge Your Bets — Trim, Maintain, and Comply
Property owners use hedges for a variety of reasons. Hedges create privacy and barriers to sound. They offer environmentally-conscious alternatives to walls, and may assist with security. Hedges are also attractive, and many homeowners consider them an “all-in-one” solution to several needs. Unfortunately, improperly maintained hedges also create hazards, which in turn create the… Read More »
