California employers are vicariously liable for the negligent actions of their employees while they are acting within the scope and course of their jobs and negligently cause injuries to others. However, employers are generally not liable for the actions of their employees when they are off duty. In Perez v.…
In California, many drownings and other types of water accidents happen each year at beaches located across the state. To help to prevent drowning accidents, counties and cities across California’s coastal areas post lifeguards who use jet skis to quickly respond when someone is in trouble in the water. However,…
Is an insurance company required to disclose and tender policy limits in California? When insurance companies receive accident claims that are likely to involve damages far exceeding their policy limits, they are required to try to settle the claims within their insured’s policy limits. In Hedayati v. Interinsurance Exchange of…
In California, family members who witness their loved ones’ serious injuries may file claims against the responsible parties for negligent infliction of emotional distress. In the past, the California Supreme Court has held that people must be present at the time of the incidents and witness them before they will…
People who suffer injuries while they are engaged in recreational activities or sports are generally prevented from recovering damages in a lawsuit by the primary assumption of the risk doctrine. However, this doctrine does not apply when a defendant’s actions increase the risks beyond what is normal for the sport…
Under California’s premises liability laws, California property owners owe a duty to keep their premises safe and to warn visitors of hazards in most cases.[1] However, when people are permitted to enter the land to participate in a recreational activity, the landowners are immune from liability. The immunity from liability…
Many people in California enjoy going to amusement parks and waterslides. When people are injured on a ride or waterslide, they may have grounds to recover damages through personal injury lawsuits. However, it has previously been unclear the type of duty owed by the operator of a waterslide to its…
Every state, including California, has statutes of limitations that govern when legal claims must be filed. The medical malpractice statute of limitations is three years from the date of the injury or one year from the date that the plaintiff learns that he or she has been injured or reasonably…
Under California law, emotional distress is a recognized category of injury that people can suffer and for which they can recover damages when it is negligently or intentionally inflicted by others. In Crouch v. Trinity Christian Center of Santa Ana Inc., Cal. Ct. App. No. G055602, the court considered whether…
When personal injury cases in California go to jury trials, both the plaintiffs and the defendants are allowed to question potential jurors. The courts may also allow them to make opening statements so that they can present information about the facts and circumstances of their cases. However, as the case…