Tag Archives: defense lawyers
What is “Trespassing”?
Although sometimes used as a verb–trespassing–the legal name for the cause of action that arises when someone enters another person’s property without permission is actually Trespass. THE ELEMENTS OF TRESPASS. Legally speaking, “trespass” requires: 1. Knowing entry 2. Onto land owned by someone else 3. Without the owner’s permission. IS TRESPASS A CRIME OR A… 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 »
More Defenses to Nuisance Claims
NECESSITY CAN JUSTIFY CERTAIN TYPES OF NUISANCE ACTIONS A person who acts to prevent a threat of harm or injury can sometimes claim “necessity” as a defense in a subsequent nuisance action. Defendants need not sit by and watch a preventable harm take place, and if the actions necessary to prevent the harm are… Read More »
