Tag Archives: personal injury
Liability for the Acts of Others
Generally speaking, California law does not require people to control the acts of others, or to warn people about the potential actions of third parties. As a general rule, the law makes each person liable for his or her own actions, and not for the actions of others. However, California also recognizes many exceptions… Read More »
Is a Land Owner Liable if a Contractor Gets Injured on the Job?
LAND OWNERS ARE GENERALLY NOT LIABLE FOR INJURIES TO CONTRACTORS OR THEIR EMPLOYEES Generally speaking, property owners are not liable for injuries to contractors or their employees who get injured on the job. This is because the contractor, not the property owner, is normally in charge of the time, place, and manner in which… 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 »
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 »
Understanding “Comparative Fault” in Negligence Cases
COMPARATIVE FAULT MAY REDUCE A PLAINTIFF’S DAMAGE AWARD Comparative fault–also called comparative negligence–is a legal doctrine that may reduce the amount an injured plaintiff is able to recover from a defendant in negligence cases. If a plaintiff’s own negligence contributed to his or her injuries, the doctrine of comparative fault may reduce the plaintiff’s… 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 »
Proving Causation of Injuries on Public Lands
AS IN OTHER INJURY CASES, PLAINTIFFS MUST PROVE THEIR INJURIES WERE CAUSED BY THE HAZARDOUS CONDITION ON PUBLIC LANDS. Even if a plaintiff complies with the relevant claim presentation procedures, properly pleads each element of his or her case, and proves the existence of a dangerous condition on public lands, the plaintiff must still… Read More »
Claim Presentation Requirements to Sue a Public Entity
INJURED PLAINTIFFS GENERALLY MUST COMPLY WITH STATUTORY CLAIM PRESENTATION PROCEDURES BEFORE SUING A PUBLIC ENTITY FOR DAMAGES OR INJURIES OCCURRING ON PUBLIC LAND. California Government Code Section 945.4 requires plaintiffs to present their claims, in writing, to a public or government entity before naming that entity as a defendant in a lawsuit. The plaintiff can… Read More »
What Duty do Land Owners Owe to Minors?
GENERALLY, LAND OWNERS (AND POSSESSORS/MANAGERS) MUST PROTECT MINORS FROM REASONABLY FORESEEABLE HARM. People who own, control, or possess property generally have a duty to prevent reasonably foreseeable harm to children. This includes naturally-occurring hazards, artificial or constructed hazards (including, but not limited to, harms resulting from attractive nuisances like construction sites), and hazards caused… Read More »
People Have a Duty to Maintain Property And Eliminate Hazards
People who own, possess, or control property have a legal duty to maintain the land (and buildings or other structures on it) in reasonably safe condition. Many times, the duty is described as a “landowner” duty, but in reality it applies to people other than landlords and property owners alone. Anyone who has possession or… Read More »
