Tag Archives: Los Angeles County
Understanding the Property Owner’s Duty of Care
PEOPLE WHO OWN REAL PROPERTY HAVE A DUTY NOT TO CREATE AN UNREASONABLE RISK OF HARM People who own real property have a legal duty to own, use, and manage their property (and any improvements on it, like buildings, fixtures, and equipment) with reasonable “due care.” This includes an obligation to own, use, manage… Read More »
When Has a Person Breached the Duty of Care?
WHAT IS A BREACH OF DUTY? Generally speaking, a “breach” of a duty occurs when a person acts (or fails to act) in a way that violates an applicable, legally-recognized standard of care. Sometimes, people behave in a careless or insensitive manner – or even with hostility – but if the conduct does not… Read More »
The Special Duties Owed by Professionals
CALIFORNIA LAW IMPOSES A SPECIAL DUTY OF CARE ON MANY PROFESSIONALS Generally speaking, people engaged in professional occupations in California must behave not only with the standard duty of care (that of acting like a reasonable person under the circumstances) but are held to the higher standard of a reasonable professional with the learning,… Read More »
When is Public Property in “Dangerous Condition”?
One of the mandatory elements required to hold a public entity liable for injuries occurring on public land is that the property must be in a “dangerous condition” at the time of the injury. PRIOR ACCIDENTS OR INJURIES MAY HELP ESTABLISH A DANGEROUS CONDITION If similar injuries to those suffered by the plaintiff(s) occurred… Read More »
Attorney Liability to Non-Clients, Part 2: The Intended Beneficiaries
As a general rule, attorneys can only be held liable for malpractice where the plaintiff (the injured party) was the attorney’s client at the time the malpractice occurred. However, courts have also held attorneys liable to non-clients in a narrow, specialized range of cases. One of these occurs when the person (or company) injured… Read More »
Property Hazard Avoidance: Watch the Windows
Sliding doors and shower doors are not the only glass-related hazards in the home. Windows represent a danger too, for several reasons. Like other hazards, homeowners can be held liable for injuries or deaths resulting from unsafe conditions relating to windows. Smart homeowners keep windows locked, supervise children, and install proper safety devices. UNLOCKED… Read More »
The Attorney’s Duty to Maintain Learning and Skill
As we discussed in last week’s Malpractice Monday post, California attorneys have an obligation to represent clients with an appropriate level of learning and skill. ATTORNEYS MUST MAINTAIN APPROPRIATE LEARNING AND SKILL Attorneys must do more than merely acquire skills, however. In California (and also most other states) an attorney has a duty to… Read More »
