Tag Archives: Los Angeles
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 »
What is a Statute of Limitations?
STATUTES OF LIMITATION LIMIT THE TIME A PERSON HAS TO BRING A LEGAL CLAIM OR ACTION Generally speaking, the law favors certainty. For this reason, the law disfavors people being required to defend a lawsuit after too much time has expired. When lawsuits are not brought within a reasonable time, it becomes more difficult… 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 »
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 »
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 »
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 »
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 »
When Does a Lawyer’s Negligence Cause Clients Harm?
The elements of attorney malpractice (professional negligence) include a breach of duty that causes legally recognized damages to a client (or, in some cases, an eligible non-client). In order to prevail on a claim for legal malpractice, and recover damages from a negligent lawyer, the plaintiff must prove all elements of the malpractice claim … including “causation.”… Read More »
Do Courts Have to Notify the Bar of Attorney Misconduct?
California Attorneys Are Licensed By the State Bar Association (the “Bar”) In California, attorneys must have a license from the California Bar Association (sometimes called the “bar”) to practice law. People who do not possess either a California bar license or other permission to appear and represent clients in California are not authorized to act… Read More »
Why Are Legal Malpractice Cases Difficult?
Many times, non-lawyers believe that any mistake a lawyer makes is grounds for a legal malpractice claim, or that legal malpractice lawsuits should be “easy” to prove. However, in most cases, legal malpractice actions are difficult, costly, and time-consuming, for several important reasons: Not every legal loss results from malpractice. Distinguishing actionable malpractice (professional… Read More »
