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…
People who are injured in California accidents that are caused by the negligent actions of company drivers may be able to hold the employers vicariously liable to pay damages for the losses that they have suffered. However, employers are not liable under the coming and going rule for employees who…
In California, people who have been seriously injured by defectively designed products may be entitled to recover damages in a product liability lawsuit. The courts may instruct the jury about the tests that they should apply when evaluating an alleged design defect. However, as Verrazono v. Gehl Co., Cal. Ct.…
People who are injured at work because of the negligence of a third party other than their employers may be able to recover workers’ compensation benefits while also filing negligence lawsuits against the third party. However, if the victims are employed by an independent contractor that is hired by the…
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…
In California, elder abuse and neglect are unfortunately common. One type of elder abuse involves the financial exploitation of the elderly. When a nursing home or its staff misappropriated funds from elderly residents, they have grounds to file lawsuits against the facility and the employee. In Arace v. Medico Investments,…
Some Californians work for subcontractors who contract with contractors to perform work at construction sites in the state. When an employee of a subcontractor is injured while working at the construction site, the contractor that contracted with the worker’s employer to perform services will only be liable for the injuries…
When people are injured in accidents because of the negligence of others, they are entitled to recover damages for their economic and noneconomic losses. However, in cases involving multiple defendants, the jury may allocate different percentages of fault to each defendant. The defendants will then be responsible for paying their…
Sexual abuse is a prevalent problem in youth sports. Many people have heard about the pervasive sexual abuse that was perpetrated against Olympic gymnasts by a gymnastics doctor. In Brown v. USA Taekwondo, Cal. Ct. App. Case No. B280550, the court considered whether organizations could be held to be responsible…
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…