Author Archives: Robert Ross
“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 »
How Far Must Business Owners Go to Prevent Injury to Patrons?
The law says that business owners who open their businesses to the public owe a duty to people who enter the premises. Failure to comply with this duty is the first element of a claim for negligence, which may result in liability to people injured on the business premises. While a plaintiff must prove all… Read More »
Allocation of Liability in Permissive Use Cases
“Permissive Use liability” describes a situation where the owner of a motor vehicle becomes liable to a third-party plaintiff for personal injuries or property damage caused by a driver the vehicle owner allowed to use the vehicle. THE PERSON CAUSING THE INJURY REMAINS PRIMARILY LIABLE, EVEN IN PERMISSIVE USE CASES The law considers the vehicle owner… 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 »
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 »
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 »
When Are Liability Waivers Effective?
LEGAL REQUIREMENTS FOR AN ENFORCEABLE LIABILITY WAIVER OR RELEASE Contractual releases of liability are contracts (as the name explains), and are therefore subject to the same legal defenses and enforceability issues as other contracts. Specifically, an enforceable waiver requires some “consideration” (a legal term for “value received”) and cannot be entered into through fraud or duress.
