Tag Archives: L.A. lawyers
Do Business Owners Have a Duty to Keep Their Customers Safe?
THE BUSINESS OWNER’S DUTY TO INSPECT AND REPAIR BUILDINGS AND BUSINESS PREMISES. People who own, manage, or control a business open to the public have a duty to their customers and other people who enter the business premises. Specifically, business owners (and those who manage or control commercial properties) have a legal obligation to exercise… Read More »
Understanding the “Good Samaritan” Doctrine
THE GOOD SAMARITAN DOCTRINE APPLIES WHERE A PROPERTY OWNER CHOOSES TO ACT (IN THE ABSENCE OF A LEGAL DUTY). Sometimes, a property owner chooses to act (for example, to repair a hazardous condition on property) when he or she has no legal duty to do so. The legal rule that applies in these cases is called… Read More »
Property Owners’ Legal Liability For Negligent Hiring Decisions
PROPERTY OWNERS MAY BE LIABLE FOR INJURIES RESULTING FROM IMPROPER HIRING DECISIONS. People who own, manage, or control property in California may be legally liable for injuries resulting from the actions of negligently-selected, trained, or supervised employees. Land owners–and remember, that term includes not only actual “owners” but people who manage and control land, too–have… Read More »
Are Land Owners Legally Liable For Contractors’ Injured Workers?
If you hire a contractor to perform work on your property, and one of that contractor’s employees gets injured on the job, are you liable? Today’s blog examines this important question. GENERALLY, LAND OWNERS ARE NOT LEGALLY LIABLE FOR INJURIES SUFFERED BY THE EMPLOYEES OF INDEPENDENT CONTRACTORS HIRED TO WORK ON LAND. In California,… Read More »
Causation in Legal Malpractice Actions
In order for a plaintiff to prevail in a legal malpractice action, the plaintiff must prove: 1. The defendant attorney owed a legally-recognized duty to the plaintiff; 2. The attorney breached that duty (under circumstances that were not legally excused); 3. The attorney’s breach of duty damaged the plaintiff; and 4. The attorney’s breach of… Read More »
How to Identify a Lawyer’s Breach of Duty to a Client
“Breach of a duty (owed to the plaintiff)” is a major element of a legal malpractice case, and like the other elements, the plaintiff bears the initial burden of proving breach of duty. BREACH OF DUTY IS NORMALLY A QUESTION OF FACT At trial, issues of law are normally decided by the judge, but… Read More »
Evaluating the Existence of an Attorney-Client Relationship
When evaluating a lawyer’s potential liability for professional misconduct (or malpractice) one of the threshold questions involves the existence of an attorney-client relationship. While attorneys may occasionally incur malpractice liability in cases where no attorney-client relationship existed, these are exceptions. As a rule, the attorney owes a duty of professional competence to clients, and almost all… Read More »
Are Homeowners Liable for Dangerous Sidewalks?
GENERALLY, PROPERTY OWNERS HAVE NO DUTY TO MAINTAIN OR REPAIR PUBLIC SIDEWALKS California law generally does not hold property owners liable for the failure to repair, maintain, or clean public sidewalks adjacent to their homes or business properties. This liability may be created by statute, but in the absence of a specific law requiring… Read More »
Attorneys’ Liability for Fraud & Intentional Torts
In addition to legal malpractice, breach of fiduciary duty, and contract-related legal claims, attorneys may also be held liable for intentional torts committed in the course of law practice (and otherwise). WHAT IS A TORT? A “tort” is a “civil wrong” — meaning an action which the law prohibits but which is actionable in… Read More »
Understanding “Causation” in Legal Malpractice
In order to prevail in a legal malpractice claim, the plaintiff client (or former client) must prove that the lawyer’s wrongful conduct caused the plaintiff to suffer injury or damages. This is called the “causation” requirement, and it’s a mandatory element of a malpractice claim or lawsuit. It isn’t enough to show that the attorney… Read More »
