Tag Archives: negligence
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 »
Showing “Causation” in Premises Liability Cases
CAUSATION IS A MANDATORY ELEMENT OF A PREMISES LIABILITY CLAIM. Like most negligence causes of action, premises liability claims require a plaintiff to prove four basic elements: 1. The existence of a duty on the part of the defendant (generally, a property owner, but also sometimes a person or entity in possession or control of land). 2. The defendant’s breach… Read More »
What is “Negligence per se”?
NEGLIGENCE PER SE IS A RULE THAT CREATES A PRESUMPTION OF NEGLIGENCE WHERE DEFENDANTS BREAK CERTAIN KINDS OF LAWS When defendants–including property owners–engage in certain kinds of behavior, the law allows a presumption that negligence has occurred. While this presumption is rebuttable, meaning that a defendant can introduce evidence to prove (s)he was not negligent, the… Read More »
An Overview of Premises Liability
WHAT IS PREMISES LIABILITY? Premises liability is a tort (a legally recognized wrong) and a form of negligence. Premises liability claims arise when people or property are injured due to a dangerous condition on or caused by real property (land and certain fixtures affixed to land). When a person is hurt or property damaged as a result… Read More »
“Permissive Use” Liability for Auto Accidents (Continued)
As discussed in a previous post, motor vehicle owners may be held liable for negligent acts (and accidents) committed by third parties, if the owner granted permission for the negligent party to operate the vehicle. This liability, known as “liability for permissive use,” applies to owners (or bailees) of vehicles, but only when the vehicle was… Read More »
When is a Written Release of Liability Enforceable?
As we discussed in previous posts, California law generally holds that a valid, written, signed release or liability waiver is effective, and that an injured plaintiff cannot subsequently sue a defendant if a release was signed relating to the activity that caused the injury. However, releases and liability waivers must be adequate and comply with certain… Read More »
More About Waivers of Liability
WRITTEN LIABILITY WAIVERS CREATE “EXPRESS ASSUMPTION OF THE RISK” In many situations, the law allows people to create contracts whereby one person limits or releases another person from liability for physical injuries and damage to property. These private contracts, often called “Waivers” or “Liability Waivers,” are a form of “assumption of the risk.” The law refers… Read More »
Sometimes, Comparative Negligence Includes “Assumption of the Risk”
ASSUMPTION OF THE RISK MAY BAR AN INJURED PLAINTIFF’S RECOVERY As we discussed earlier in the month, the legal doctrine known as “assumption of the risk” states that a plaintiff’s right to recover damages from an otherwise negligent defendant may be reduced–or barred altogether–if the plaintiff “knowingly and voluntarily” accepted the risks associated with the… Read More »
More Facts About Comparative Negligence
Earlier this week, we defined comparative negligence and explained, in general terms, that comparative negligence can reduce a plaintiff’s recoverable damages by an amount proportionate to the plaintiff’s negligent “fault” in the incident that caused the injury or damage. Today, we’re taking a look at some more specific rules which govern comparative negligence in California. COMPARATIVE… Read More »
Comparative Negligence: When the Victim is Also “Responsible”
THE EXCEPTION: DRUNK DRIVING A few California courts have made an exception to this general rule of comparative negligence and percentage fault where injured plaintiffs knowingly opted to operate motor vehicles while intoxicated. In other words: plaintiffs who drive drunk may find themselves entirely unable to recover for injuries occurring while DUI. In the cases… Read More »
