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Tag Archives: California

Who Does Insurance Defense Counsel Really Represent?

By Robert Ross |

WHAT IS “INSURANCE DEFENSE COUNSEL”? Insurance defense counsel is the term for a lawyer hired by an insurance company to defend a lawsuit (or other legal claim) against an insured person or entity (the “Insured”). Generally, the insurance company has the right to choose (and the obligation to pay the fees of) the lawyer… Read More »

Is a Foreign Legal Consultant the Same as Pro Hac Vice Counsel?

By Robert Ross |

ADMISSION PRO HAC VICE IS DIFFERENT FROM CERTIFICATION AS A FOREIGN LEGAL CONSULTANT Pro hac vice admission grants a non-California lawyer (in good standing) permission to appear before a California court. In essence, admission pro hac vice allows a lawyer to represent clients in the same manner as a California-licensed attorney for purposes of the… Read More »

Rules Governing Out of State Counsel in California Arbitration Proceedings

By Robert Ross |

WHAT LAW GOVERNS OUT OF STATE COUNSEL IN CALIFORNIA ARBITRATION? Licensed California attorneys can represent clients in California courts and arbitration proceedings which take place in California. However, attorneys licensed in other jurisdictions (and not also licensed in California) do not have an automatic right to represent their clients in California proceedings–including arbitration. However,… Read More »

Are Property Owners Liable For Contractors’ Mistakes?

By Robert Ross |

NON-DELEGABLE DUTIES CAN CREATE LEGAL LIABILITY FOR LAND OWNERS WHEN A CONTRACTOR ACTS NEGLIGENTLY Many property owners hire contractors and assume, if anyone is injured during construction, that the contractor will bear the legal liability for the injury. However, this is not always true. California law imposes certain duties on the owner or possessor… Read More »

Does a Business Owe a Duty of Care to Customers?

By Robert Ross |

“PUBLIC” BUSINESSES OWE A DUTY OF CARE TO PERSONS WHO ENTER When a business is open to the public, the owners of the business owe a duty of reasonable, ordinary care to the people who enter the business premises. The business owner must take reasonable steps to prevent customers being exposed to hazards or… Read More »

Landlords Have a Duty to Inspect Rental Properties

By Robert Ross |

LANDLORDS MUST KEEP RENTAL PROPERTY IN REASONABLY SAFE CONDITION In California, landlords have a legally-recognized duty to keep rental property “reasonably safe.” This duty is owed to tenants and to other people (“third parties”) who enter the land or rental units for various reasons.  This means a landlord may be held legally liable for… Read More »

The Effect of Illegal Activities on Negligence Liability

By Robert Ross |

IN SOME CASES, ILLEGAL ACTIVITIES MAY CONSTITUTE “NEGLIGENCE PER SE” When a defendant’s actions violate an applicable ordinance, law, or regulation, and the violation results in harm or damage to persons or property, the violation may constitute “negligence per se.” Negligence per se is a legal doctrine that creates a presumption of negligence–though the doctrine… Read More »

Negligence Arising From “Special Relationships”

By Robert Ross |

THE LAW RECOGNIZES CERTAIN “SPECIAL RELATIONSHIPS” THAT MAY GIVE RISE TO NEGLIGENCE-RELATED DUTIES Legal liability for negligence requires four elements: (1) a legally recognized duty, (2) a breach of that duty, (3) causation, and (4) damages. Many duties are imposed or created by law, including duties that arise from the relationship between the relevant… Read More »

Can A “Good Samaritan” Be Held Liable For Negligence?

By Robert Ross |

WHEN “GOOD SAMARITANS” ACT NEGLIGENTLY, LEGAL LIABILITY MAY OCCUR The Biblical story of the “Good Samaritan” describes a person (a Samaritan) who voluntarily helps an injured man he discovers lying by the side of the road. In the Bible, the Samaritan is praised for his actions – as, indeed, society does (and should) consider… Read More »

Permissive Use Liability in Automobile Accidents

By Robert Ross |

WHAT IS “PERMISSIVE USE” LIABILITY? Permissive use liability is a form of imputed or vicarious liability created under the California Vehicle Code (Section 17150). This statute is one of several legal theories that hold the owner of a motor vehicle (often, but not limited to, an automobile) legally responsible for injuries caused by people using the… Read More »

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