Author Archives: Robert Ross
The Landlord’s Historical Liability for Defective Rental Property
HISTORICALLY, LANDLORDS HAD LITTLE LIABILITY FOR DEFECTS IN RENTAL PROPERTY In the past, landlords generally had little liability to tenants if defective rental property resulted in injury to tenants or their families and guests. Old laws imposed no duty on landlords to make rental properties safe or habitable, because the tenant–not the landlord–had primary possession… Read More »
Defenses to Liability for Injuries on Public Lands
Sometimes, public entities are not liable for injuries on public lands, even when caused by a dangerous condition. The law recognizes a number of defenses which protect the government entity, even when a dangerous condition existed or a person was injured on public property. These defenses include (but are not limited to): RECREATIONAL TRAIL… Read More »
When is Public Property in “Dangerous Condition”?
One of the mandatory elements required to hold a public entity liable for injuries occurring on public land is that the property must be in a “dangerous condition” at the time of the injury. PRIOR ACCIDENTS OR INJURIES MAY HELP ESTABLISH A DANGEROUS CONDITION If similar injuries to those suffered by the plaintiff(s) occurred… 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 »
Dangerous Conditions on Public Lands
PRIVATE PLAINTIFFS GENERALLY CANNOT SUE GOVERNMENT ENTITIES Most government entities, including those which control public lands, are immune from liability. These governmental defendants be held liable for injuries which occur on the land they own or control only if a statute authorizes the lawsuit. The primary source of government liability for injuries occurring on… Read More »
Defenses to Claims Involving Negligence Per Se
When plaintiffs successfully prove violation of an applicable statute and the requisite causation to rely upon negligence per se, a presumption arises that the defendant has breached the requisite duty of care. However, this does not mean the defendant automatically loses on these elements. The defendant may still rebut the presumption. Rebutting a presumption requires proving,… 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 »
Negligence Based on a Law or Statute: Negligence Per Se
NEGLIGENCE “PER SE” – A DOCTRINE ALLOWING THE DEFENDANT’S VIOLATION OF A STATUTE TO REDUCE THE PLAINTIFF’S BURDEN OF PROOF Negligence is a legal doctrine which imposes liability on defendants for failure to comply with a legal duty (a “breach”) which causes damage to people or property. The four elements of a negligence claim… Read More »
Parental Liability for Restitution to Victims of Minors
PARENTS MAY BE ORDERED TO PAY FOR REMOVAL OF A MINOR’S GRAFFITI Some cities and counties have laws holding minors–and their parents–financially responsible for removal of graffiti and repair of damage to public property caused by a minor child. (These statutes generally also provide for payment of restitution by adults who deface or damage… Read More »
Parental Liability for the Willful Misconduct of Minors
Even responsible parents can have children who misbehave. Legally speaking, parents may–and should–be concerned about when the law will hold them responsible for the wrongful acts their children commit. In many cases, a child’s misbehavior is fleeting, and not very serious–a dispute with a friend, or taking a hand-held game to school in violation… Read More »
