Tag Archives: personal injury
Elements of a Malicious Prosecution Claim
WHAT IS MALICIOUS PROSECUTION? Malicious prosecution is a legal claim involving a wrongful lawsuit, which allows a wrongfully-sued defendant to bring an action and recover damages against a plaintiff who sued the defendant without proper cause. Malicious prosecutions occur for a variety of reasons, including a plaintiff’s desire for unjustified revenge, attempts to shut down… Read More »
The Auto Owner’s Liability for “Permissive Uses”
VEHICLE OWNER LIABILITY FOR PERMISSIVE USE OF A VEHICLE Under California law, motor vehicle owners are liable for the negligent acts (and accidents) of any person who operates the vehicle with the owner’s consent. The California vehicle code also creates similar liability for bailees, meaning people who rent out (or lease) automobiles that belong to another… Read More »
What is “Negligent Entrustment”?
WHAT IS NEGLIGENT ENTRUSTMENT? “Negligent Entrustment” generally occurs when the owner of a motor vehicle negligently allows an unlicensed or incompetent person to operate the vehicle. Owners of motor vehicles have a duty to operate the vehicle, and to ensure the vehicle is operated, in compliance with applicable laws. This duty is breached when the owner… Read More »
Can Injured Players, or Spectators, Sue for Injuries at Sporting Events?
INJURIES TO ATHLETES OFTEN FALL WITHIN “ASSUMPTION OF THE RISK” Many sporting and sports-related activities are “inherently dangerous” under the law, and injuries resulting from participation in these activities–even by minors–may fall under “assumption of the risk.” Although coaches and other teachers or sporting instructors generally take reasonable steps (where possible) to minimize the risks… Read More »
When is Property “Public Property” for Purposes of Injury-Related Lawsuits?
WHEN DOES A PUBLIC ENTITY “OWN OR CONTROL” PROPERTY? When injuries occur on property, plaintiffs (and their attorneys) must determine who has liability for the land in question–and for dangerous conditions on the land which lead to injury. In order to sue a public or government entity over injuries occurring on public land, the… Read More »
Negligence Per Se Is Not a Replacement for “Ordinary Negligence” Claims
“NEGLIGENCE PER SE” IS NOT A SEPARATE TORT FROM “ORDINARY NEGLIGENCE” Negligence is part of tort law — the branch of civil law that deals with legally recognized “wrongs” committed against other people or property. (Sometimes, those same wrongful acts are also crimes, and punishable under criminal law as well.) Negligence per se (a… Read More »
Memorial Day Hazards and Summer Fires
Memorial Day marks the official start of the “summer season,” when homeowners host barbecues, pool parties, and other summer get-togethers. Homeowners visit with friends and family, enjoying the pleasant weather. Unfortunately, summer parties also create the potential for serious injury, and even fatalities. Homeowners need to exercise care to minimize risks and create the… 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 »
Birthday Party Hazards, Part 3: Decks, Stairs, and Railings
In previous weeks, we’ve looked at a few of the dangers party hosts may face from decorations and wrapping materials. Today, we’re looking at something a little more subtle, but no less hazardous: defective or dangerous structures within and around the home. Property owners are liable for hazards on their property, and for damages… Read More »
Birthday Hazards, Part 2: Scissors, Wrap and String
Today, we continue our series on homeowner liability for party-related hazards with a look at the unexpected hazards arising from wrapping supplies, and how to mitigate those dangers. SCISSORS Most people know that scissors can be dangerous. In fact, “running with scissors” is a common euphemism for hazardous behavior. Unfortunately, the whirl of activities… Read More »
