Tag Archives: negligence
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 Duty to Prevent Harm
In California, the law does not impose a general duty on people to take specific or affirmative actions to help or protect others, even when they see another person in danger. However, this rule is subject to many exceptions–so many that, in places, they seem to almost overwhelm the rule. California and Federal laws impose… Read More »
The Good Samaritan Rule in Negligence Cases
WHAT IS THE GOOD SAMARITAN RULE? When a person chooses to protect someone else, but does so in a negligent manner that causes further harm to the person protected, the “Good Samaritan Rule” (also called the voluntary undertaking rule) may apply. If so, the “Good Samaritan” (a reference to the Biblical story of the same name,… Read More »
What is “Negligent Hiring”?
EMPLOYERS SHOULD HIRE AND TRAIN STAFF CAREFULLY Under California law, when an employer or business: 1. Hires an employee; 2. Under circumstances where the employer knew (or should have known) that the employee created a risk of danger to others; and 3. The employee does cause harm (of the type about which the employer knew… Read More »
What Kind of Legal “Duty” Supports a Negligence Case?
WITHOUT A LEGAL DUTY, THERE IS NO ACTIONABLE NEGLIGENCE. The existence of a legal duty is a fundamental element of a negligence case or claim. If the defendant did not owe a duty to the plaintiff, courts will not hold the defendant legally liable for the plaintiff’s injuries, even if the defendant was responsible for… 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 »
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 »
Recoverable Damages in Legal Malpractice Actions
WHAT DAMAGES CAN A CLIENT RECOVER AGAINST A NEGLIGENT LAWYER? Plaintiffs who successfully bring a legal malpractice action against a lawyer may recover damages sufficient to “make the client whole,” or — in the words of California Civil Code Section 3333: “The amount which will compensate for all the detriment proximately caused [by the wrongful… Read More »
Special Relationships in Negligence: Housing/HOAs
GENERALLY, NEGLIGENCE LIABILITY REQUIRES THE EXISTENCE OF A DUTY Generally speaking, California law does not create negligence liability for people or entities who “fail to act” to prevent harm to others. This is because negligence liability requires the breach of a duty, and as a general rule the failure to act to prevent harm is… Read More »
“Special Relationships” in Negligence: Businesses and Doctors
By law, the existence of a “special relationship” can create a duty for businesses and individuals to behave in a certain manner toward others, including (but not limited to) their customers and clients. Whether you own a business or were injured due to someone else’s negligence, it’s important to understand when and how these legally-recognized “special relationships”… Read More »
