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Tag Archives: lawyers

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 »

What is Medical Malpractice?

By Robert Ross |

MEDICAL MALPRACTICE IS A FORM OF PROFESSIONAL NEGLIGENCE Malpractice claims arise from situations where a professional–usually someone practicing a licensed profession–performs his or her professional services in a negligent manner. Medical malpractice generally applies to licensed medical professionals, including (but not limited to) physicians, licensed therapists, and others who render medical services under a… Read More »

Are Parents Responsible For Their Children’s Negligent Acts?

By Robert Ross |

GENERALLY SPEAKING, PARENTS ARE NOT AUTOMATICALLY LIABLE FOR THEIR CHILDREN’S NEGLIGENCE. While parents may be held liable for their children’s acts in some situations, California law does not impose a general liability on parents for the acts of their minor children. This means that parents may not always be legally responsible for the negligent acts… Read More »

Special Duties of Animal Owners

By Robert Ross |

OWNERS HAVE A DUTY TO WARN OTHERS ABOUT DANGEROUS ANIMALS While animals are often loving, positive parts of people’s lives, people who own or have control over animals also have a duty to know their pets’ propensities (including temperament, behavior patterns, and likelihood of aggression) and to warn other people if pets are–or may be–dangerous… Read More »

When Has a Person Breached the Duty of Care?

By Robert Ross |

WHAT IS A BREACH OF DUTY? Generally speaking, a “breach” of a duty occurs when a person acts (or fails to act) in a way that violates an applicable, legally-recognized standard of care. Sometimes, people behave in a careless or insensitive manner – or even with hostility – but if the conduct does not… 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 »

Employer Liability For Negligent Hiring

By Robert Ross |

WHAT IS NEGLIGENT HIRING? Negligent hiring is a form of negligence which may or may not be actionable (or create liability for employers in California) depending upon the facts and circumstances of each individual case. Negligent hiring differs from respondeat superior, which is a cause of action that may accrue against an employer for torts… Read More »

Understanding The Duty Of Care

By Robert Ross |

UNLESS A DUTY OF CARE EXISTS, THERE CAN BE NO ACTIONABLE NEGLIGENCE  The existence of a duty of care is a threshold requirement for negligence claims. Unless a duty of care exists, and unless the defendant owes that duty to the plaintiff who suffered injury, there can be no valid negligence claim. This is… Read More »

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