In some car accidents in California, third parties might be partially at fault for failing to maintain property in a reasonably safe condition to prevent foreseeable injuries. In Union Pacific Railroad Co. v. Superior Court, Cal. Ct. App. Case No. F087132, the California Court of Appeal considered whether Union Pacific…
In some situations, an employee of a subcontractor on a worksite might be able to file a lawsuit against the employer of another worker who injures them through third-party liability. However, the California Supreme Court has previously held that a company that hires an independent contractor is generally not liable…
Service companies, such as an HVAC company or roofing company, often complete projects on-site at residential or commercial buildings. The working conditions in different homes can be unknown or hazardous. Technicians receive safety training to prepare for whatever may come their way, but accidents still happen. When a technician gets…
In California, plaintiffs have the burden of proving all of the elements of negligence when they file personal injury lawsuits. This includes presenting evidence that the defendant’s negligent conduct caused the plaintiff’s injuries and resulting losses. It is often necessary to present expert witness testimony to prove causation. When a…
In California, bars, restaurants, and other establishments that are open to the public owe a duty of care to patrons to keep them reasonably safe and free from danger. This includes a duty to keep customers safe from other, potentially dangerous customers. In Glynn v. Orange Circle Lounge Inc., Ca.…
In California, people and entities who own or are in control of property are legally obligated to maintain it in a reasonably safe condition to prevent lawfully present parties from suffering foreseeable injuries from known dangers that might be present. This duty extends both to the owners of the property…
Going to the movies is a fun and popular pastime for many people, but it can quickly turn into a nightmare if you experience a slip and fall accident. Slip and falls are one of the most common types of accidents that can occur at movie theaters, and they can…
In California, when an employee negligently creates a dangerous condition on the premises of their employer and fails to correct it, the employee’s knowledge of the dangerous condition is imputed to the employer. Employers are vicariously liable for the negligence of their employees while they are working. In Perez v.…
Businesses owe a duty of care to their customers to keep their premises reasonably safe. This duty includes a duty to inspect the premises and promptly correct any hazardous conditions that might be discovered. In Hassaine v. Club Demonstration Services, Inc., Cal. Ct. App. Case No. D079396, the Court of…
Property owners owe a duty of care to keep their premises reasonably safe for visitors and those who come to their properties for lawful business purposes. They also have a duty to warn people on their premises about dangers that are not open and obvious that could foreseeably cause harm.…