Real-life is not like the courtroom dramas you see on television. Sometimes, the facts of a case do not fall into place neatly. For example, in a personal injury case, causation can be a challenge to prove. The legal doctrine of res ipsa loquitor creates a rebuttable presumption that the defendant must...
Category: Personal Injury
Car Accidents Caused By Brake Checking In California
It can be frightening and annoying to have someone tailgate you. You might feel that they have no right to expose you to the risk of a collision, so you might be tempted to tap on the brakes. Putting them in fear of a crash might teach them a lesson, you might...
Over-Served at a Bar: Are Bars Liable for Drunk Driving Car Accidents?
Usually, bars in California are not liable if customers drive drunk and injure someone. The injured person can sue the drunk driver for compensation, but not the bar. One exception to this general rule is if an adult serves alcohol to a minor, which means someone under the age of 21 in...
Guide to the Assumption of Risk Doctrine
Sometimes a defendant will raise the defense of “assumption of risk” to try to avoid liability when their negligence injures someone. California law can bar a plaintiff from recovering money damages in some situations under this doctrine, but it depends on the circumstances.
Assumption of the risk is a...
What Happens if I am Injured at a Theme Park?
We love our theme parks here in California, but if you get injured at one, you need to know what to do. You might be able to hold the park liable for your injuries and losses. Under California law, the owners and operators of amusement parks or theme parks have a legal...
What Happens When You Get in an Accident On Indigenous Land in California?
If you had an accident and you got hurt on tribal land in California, the only thing of which you can be certain is that the rules will be different from what you might be used to on non-tribal land. A federally recognized North American tribe is a separate sovereign nation. They...
How a Back Injury Affects Your Life
Many people get back injuries in car accidents, on the job, in slip and fall accidents, and by other means. Those who have never hurt their back before might not appreciate how a back injury affects your life. Having a slipped disc, fractured vertebrae, strained muscle, spinal cord damage, or another back...
Can You Sue if Harmed by a Weight-Loss Drug
Many weight loss pills make extraordinary claims about their effectiveness, but even if they work as well as promised, they might cause harm in the process. If you suffered an injury because of a medication or supplement advertised as a weight loss product, you might be wondering if you have any legal...
Does California’s Dog Bite Law Protect Trespassers?
California holds dog owners strictly liable for injuries caused by a dog bite. However, this strict liability does not apply to trespassers. So, if you’ve been bitten by a dog while trespassing, you may be wondering if you can sue the owner.
The answer is… it depends.
Can I Get Punitive Damages for a Dog Bite in California?
Although it rarely happens, it is possible to get punitive damages for a dog bite in California. The facts must be extreme and unusual to qualify for an award of punitive damages in these cases. You must show with clear and convincing evidence that the defendant acted maliciously in causing you to...