FAQ’S: ANSWERS TO FREQUENTLY ASKED QUESTIONS ABOUT CALIFORNIA
PERSONAL INJURY LAWS, NEGLIGENCE & LIABILITY
1) What are the elements of a PI claim in California?
Most personal injury lawsuits in California result from someone’s
negligence which causes harm or injury to another. General
negligence has 3 elements, duty, breach of duty, and causation.
Generally, it is held that everyone in society has a duty to
act as a reasonable person, to safeguard their safety and the safety
of others. To act unreasonably and unsafely is considered a
breach of that duty. If harm or injury is caused as a
foreseeable result of the lack of due care, then the one causing the
harm is deemed negligent and is liable to the injured party for
damages.
2) What damages is a California personal injury plaintiff
(injured party) entitled to?
There are 2 basic types of damages awarded, compensatory and
punitive. Compensatory damages include both economic and
non-economic damages. Hospital bills, medical bills, cost of medical
care and equipment, as well as lost wages, lost future earning
potential, and property damage are included in economic damages. Non
economic damages include such things as pain and suffering, loss of
lifestyle and enjoyment, disfigurement, and disability. Punitive
damages are awarded to punish a wrongdoer and to deter others from
acting similarly.
3) What is strict liability?
Strict liability is a doctrine that holds someone, or some company,
liable for injury regardless of whether there was negligent conduct.
For example a manufacturer must guarantee that its product is safe
for its intended use. If someone is harmed or injured by the use or
consumption of the product, then the manufacturer is strictly
liable. Another common example of strict liability applies to dog
owners. If someone is bitten by a dog in California, the owner of
the dog is strictly liable to the injured person for their damages.
In California if a dog bites or a dog attacks, whether the dog was
previously known to be vicious or not, does not matter. The dog
owner is strictly liable for any dog bite or dog bites received from
their dog. Period.
4) What is vicarious liability?
Under certain circumstances, someone other than the defendant
tortfeasor (wrongdoer) can be held liable for the damages caused.
The most common examples of vicarious liability are a parent being
held liable for the damages caused by their child, or an employer
held responsible for damages caused by their employee.
5) What is premises liability?
California premises liability law places responsibility with a
property owner to maintain his premises in a safe manner such that
no one will be injured thereon. In a commercial environment, the
property owner has a duty to be vigilant and make sure that no
foreign sticky substances are on his floor or slippery substances
that may cause some one to trip and fall or slip and fall. A
property owner must also make sure that all dangerous defects and
hazardous conditions are repaired or warned of. Adequate lighting
and safe ingress and egress are important safety issues as well as
adequate security.
6) What should I do if I have been injured and it is somebody
else’s fault?
Please call a California personal injury attorney in our law firm
right away. We are here to help you and advise you. A California
personal injury lawyer will speak with you personally about your
situation. We offer a free consultation with no obligation.
CALL US TOLL FREE at 1-800-221-9591
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