Injured At A Place Of Business – Employer Liability For Employee Negligence
A fundamental principle of California Law is that employers will be held vicariously (derivative liability) liable in the event an employee's negligence causes harm to a patron. The law imputes the fault of the negligible employee onto the employer even though the employer may have exercised its due diligence in
Condo Damage – Rain And Roof Leaks
If you live in an HOA and share walls with other units, you also share a roof. By definition, if a component or element of the building services more than one unit, then that component is going to be a common area component that falls within the responsibility of the
Property Damage Claim Denials By Insurance Companies
We just took on a case wherein a vendor of a home services product, while servicing the product damaged a water line which caused severe water and mold damage throughout our client's home. the vendor's insurance company denied the claim and based its denial on their assertions that "other causes"
Condo Damage & HOA Disputes – Unit Boundaries
Many of our condo damage cases turn on whether the failure or loss causing the damage constitutes HOA property or separate interest property. Once the failed component is identified, a good place to start for the homeowner is the Condominium Plan. The Condominium Plan is typically recorded along with and
Condo Damage Attorney – HOA Board Member Duties
Except for an exceptional circumstance, it is not proper to name individual board of director members as additional defendants in lawsuits against the HOA. Under the Lamden "Judicial Deference" Rule, board of director members, individually sued, will be offered protection for their business decisions related to maintenance and repair obligations
Injury And The Law – Proving Past Medical Expenses
To recover past medical expenses, the injured must prove that the medical services were attributable to the accident; that they were necessary, and that the charges were reasonable. See Calhoun v. Hildebrandt, (1964) 230 Cal. App. 2d 70, 73. This rule has been well settled in California, in that
Injury And The Law – Medical Device Injuries & The Two-Year Statute
There is a two-year statute of limitations to file suit for "assault, battery, or injury to, or for the death of, an individual cuased by the wrongful act or neglect of another." See C.C.P. § 335.1. However, when the cause of the injury is not readily ascertainable, as is the
Products Liability Injuries and Dangerous Drugs – The Standard for Manufacturer Liability
Dangerous Drugs are the source or cause of severe injuries suffered by patients and those prescribed the harmful drug. The California Supreme Court in Brown v. Superior Court, (1988) 44 Cal. 3d 1049, wrestled with the question of whether strict liability theories would be applied to Drug Manufacturers whose product, after
Seeking Justice – Punitive Damages May Be Awarded In Products Liability Actions
Punitive or exemplary damages are authorized in California pursuant to Cal. Civ. Code § 3294. Punitive damages area way for our civil justice system to punish and deter bad actors. In Products Liability claims, punitive damages may be awarded where a plaintiff can prove oppression, fraud or malice. See Hasson v. Ford
Injury And The Law – Two Year Statute for Injury or Death Actions
Courts enforce Statutes of Limitations. You must know your rights. Victims of personal injury or wrongful death actions must be aware of the time frame to which their claims may be brought. Generally, there is a two-year statute of limitations to file suit for "assault, battery, or injury to, or for