Tag Archives: plaintiff lawyers
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 »
Understanding “Causation” in Negligence Cases
NEGLIGENCE CLAIMS HAVE FOUR PRIMARY ELEMENTS To prevail on a claim for negligence, an injured plaintiff must prove all four of the basic elements of the claim: 1. The existence of a legally-recognized duty the defendant owed to the plaintiff (or, in some cases, to the public at large – of which the plaintiff… 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 »
“Strict Liability” for Product Defects
What is Strict Liability? “Strict liability” is a legal theory which holds defendants liable for injuries and damage caused by defective products. The term “strict liability” relates to the fact that liability attaches based on proof that the product: (a) was defective and (b) caused the damage or injury. Unlike some legal theories, such as… Read More »
