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…
Many Californians adopt dogs from shelters each year to give them a better life while adding important members to their families. While adopting shelter dogs is admirable, people who adopt dogs should know whether they have a propensity to bite. Unfortunately, dog bites are a prevalent problem. According to Dogbites.org,…
In California, landlords owe a duty of care to their tenants to keep their premises relatively free from dangerous conditions so that their tenants will be protected from injury. However, some landlords include exculpatory clauses in their leases that purport to immunize them from liability. While these types of clauses…
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…
Summer music festivals are popular in California. Unfortunately, some people are seriously injured or die at concerts because of heat exhaustion, drug overdoses, and other issues. In Dix v. Live Nation Entertainment Inc., Cal. Ct. App. Case No. 289596, the appeals court considered whether an entertainment company that held a…
In California, road construction zones can be dangerous to motorists and construction crews. While most accidents that happen in road construction zones are caused by motorists, it is possible for the road construction companies to be responsible. In Shipp v. Western Engineering, Cal. Ct. App. Case No. C087371, the California…
While most workers who are injured at work will be limited to recovering benefits from workers’ compensation, some exceptions to the general rule exist. In Santos v. Crenshaw Manufacturing, Inc., , Cal. Ct. App. Case No. G057371, the appeals court considered whether an exception applied in a lawsuit filed by…
When people are injured by defective products while using them in a reasonably foreseeable manner, they may have the right to recover compensation to cover their losses. However, the alleged defect must have been the direct or proximate cause of an injury for liability to attach. In Shih v. Starbucks…
People in California must use reasonable caution when they drive to try to prevent accidents and injuries to others traveling around them. However, when drivers are confronted with sudden and unexpected dangers, they are not expected to use the same degree of caution that they would in calmer situations. In…