Tag Archives: negligence
What Are the Damages for a Trustee’s Breach of Fiduciary Duty in California?
TRUSTEES HAVE FIDUCIARY DUTIES TO THE BENEFICIARIES OF A TRUST Trustees are agents who hold and manage manage the assets of a trust (the trust estate) on behalf of the beneficiaries. The trustee owes fiduciary duties to both the current beneficiaries (those with current interests in the trust estate) and remainder beneficiaries (those whose interest in the… Read More »
What is “Negligence Per Se”?
NEGLIGENCE “PER SE” CREATES A PRESUMPTION OF NEGLIGENCE IN CERTAIN CIRCUMSTANCES Negligence “per se” arises in situations where a statute (law) or other applicable regulation establishes a standard of care, a defendant breaks the law (thereby violating the standard of care) and injury results. Negligence per se creates a presumption that the defendant’s actions were… Read More »
The Difference Between Negligent Hiring and “Respondeat Superior”
PROPERTY OWNERS MUST USE REASONABLE CARE WHEN HIRING WORKERS Property owners have a legally recognized duty to use “due care” (essentially, reasonable care) whenn hiring employees and other persons to perform work on the land owner’s property. This liability also attaches to people in possession or control of land, if they hire workers or… Read More »
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 »
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 »
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 »
Are Parents Responsible For Their Children’s Negligent Acts?
GENERALLY SPEAKING, PARENTS ARE NOT AUTOMATICALLY LIABLE FOR THEIR CHILDREN’S NEGLIGENCE. While parents may be held liable for their children’s acts in some situations, California law does not impose a general liability on parents for the acts of their minor children. This means that parents may not always be legally responsible for the negligent acts… 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 »
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 »
Negligence Arising From “Special Relationships”
THE LAW RECOGNIZES CERTAIN “SPECIAL RELATIONSHIPS” THAT MAY GIVE RISE TO NEGLIGENCE-RELATED DUTIES Legal liability for negligence requires four elements: (1) a legally recognized duty, (2) a breach of that duty, (3) causation, and (4) damages. Many duties are imposed or created by law, including duties that arise from the relationship between the relevant… Read More »
