DEFENDANT IN A PREMISES LIABILITY CASE

DEFENDANTS IN A SLIP AND FALL CASE When a premises liability case (i.e. slip and fall or trip and fall incident) occurs, determining who the proper defendant to be named in the lawsuit is complicated. Multiple parties may bear responsibility for the safety of the premises.  The possible defendants in a slip and fall case [...]

DEFENDANT IN A PREMISES LIABILITY CASE2022-01-08T11:03:39-08:00

What Should I Do After An Accident?

There are certain steps that should be taken after an accident.  These are the significant points to stress: (1) Don't discuss incident with other party or that party's representative (usually an insurance company investigator): Statements made at the time of or following the incident could be used against claimant as the case unfolds. (2) Seek [...]

What Should I Do After An Accident?2020-04-29T21:45:11-07:00

What Is Negligence? 

What Does Negligence Mean? Negligence is a word used widely in the legal community, but what does it mean? Negligence is the failure to conduct oneself with the level of care owed to others as a reasonable prudent person would have conducted themself if they were under similar circumstances. For example: If someone decides to [...]

What Is Negligence? 2020-03-04T09:36:15-08:00

Property Owner Liability

PROPERTY OWNER LIABILITY: WHAT IS THE DEFENDANT’S BASIC DUTY OF CARE? Every person who owns or controls the property, has a basic standard of care to maintain that property in a safe condition.  In every property owner liability case, there is a standard of care that must be satisfied.  According to California Civil Jury Instruction [...]

Property Owner Liability2020-03-02T12:43:03-08:00

Slip-And-Fall And Trip-And-Fall Case

DIFFERENCE BETWEEN A SLIP AND FALL VS. TRIP AND FALL When it comes to proving your case and making a personal injury claim there actually is a HUGE difference between a trip and fall vs. a slip and fall case.  Satisfying plaintiff’s burden of proof in a “slip” case is much more difficult than a [...]

Slip-And-Fall And Trip-And-Fall Case2020-02-27T14:33:23-08:00

Burden Of Proof In Premises Liability Case

WHAT IS THE PLAINTIFF’S BURDEN OF PROOF IN PREMISES LIABILITY CASE? In a civil trial, the plaintiff bears the burden of proof in premises liability case, which means that the plaintiff must prove the facts in the case by a preponderance of the evidence (i.e., the greater weight of the evidence, that it is more [...]

Burden Of Proof In Premises Liability Case2020-02-27T11:06:23-08:00