Tag Archives: plaintiff’s lawyers
Understanding the Statute of Limitations in Legal Malpractice Cases, Part 2
To read this article from the beginning, click here for Part 1: WHAT DOES “TOLLING” MEAN? A statute that is “tolled” is effectively “paused.” With regard to the statute of limitations (a law that limits the amount of time a plaintiff has to bring a lawsuit against a defendant) any facts or situations that “toll”… Read More »
Emotional Distress in Legal Malpractice Cases
EMOTIONAL DISTRESS DAMAGES ARE NOT NORMALLY AVAILABLE IN LEGAL MALPRACTICE ACTIONS Some lawsuits, and some types of claims, allow a plaintiff to recover (or attempt to recover) damages to compensate for emotional distress (and resulting injuries) suffered as a result of a defendant’s wrongful conduct. The general rule in California is that damages for… Read More »
Landlord Liability for Commercial Rentals, Part 2
Earlier this week, we began a discussion about a landlord’s potential liability for hazardous conditions in commercial rentals. In that post, we took a look at the following important factors which impact the landlord’s duty (and also, in many cases, the liability of the tenant in control of the property): 1. The requirement that… Read More »
Are Landlords Liable For Injuries Occurring After Sale of the Rental Premises?
THE GENERAL RULE: TRANSFER OF OWNERSHIP TERMINATES THE FORMER OWNER’S LIABILITY Generally speaking, people who transfer ownership of property are no longer liable for accidents, damage, or dangerous conditions on the property after the date of sale. This applies (for the most part) even to dangerous conditions which existed before or at the time… Read More »
The Landlord’s Liability to Child Tenants
THE LANDLORD’S STANDARD DUTY: ORDINARY SKILL AND CARE Generally speaking, California landlords have a statutory duty to use “ordinary care or skill” in managing and maintaining rental properties. Normally this means ensuring that rental premises are free of known defects at the start of a new tenancy, and repairing defects and dangerous conditions within a… 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 »
Are Your Neighbors a Nuisance … or Just Annoying?
WHAT CONSTITUTES A LEGALLY RECOGNIZED NUISANCE? People often use the word “nuisance” to describe a thing that annoys them. However, it’s important not to confuse the common definition of “nuisance” with the (more complicated) legal claim that shares the name. Annoyances are not legally actionable, but under the right circumstances, homeowners can sue to… Read More »
The Recreational Use Exception to Premises Liability
RECREATIONAL USERS OF LAND GENERALLY USE THE LAND AT THEIR OWN RISK “Recreational” land use includes a variety of activities, including (but not limited to): picnicking, walking, hiking, climbing, trekking, hunting, fishing, camping, ATV or snowmobile use, horseback riding, parachuting, and exploring. Recreational use also includes entering land for general enjoyment of the site… Read More »
