What are common defenses to claims of negligence?

Defendants raise a number of defenses in personal injury cases in order to prove that they are not negligent. Three of the most common defenses to a negligence cause of action are: The defendant owed no duty of care to the plaintiff Often defendants will try to claim they had [...]

What is the legal definition of “Negligence” in California?

California law defines ordinary negligence as the failure to use reasonable care to prevent harm to oneself or to others. A person is negligent if he or she: Does something that a reasonably careful person would NOT do in the same situation, or Fails to do something that a reasonably careful [...]

What is a “Duty of Care”?

Under California personal injury law, people often owe a “duty of care” to others. The duty is often created by law — for instance, teachers and daycare centers have a duty to look after children who have been left in their care. Drivers have a duty to obey traffic laws [...]

What is Negligence in a California Personal Injury Case?

In order to recover damages in a personal injury case in California, a plaintiff generally needs to prove three things: That the defendant owed the plaintiff a duty of care; That the defendant breached such duty through negligence; and That the defendant’s negligence was a substantial factor in causing the harm (“causation”).1 A person is negligent when he or she fails [...]

How does Senate Bill 1159 protect people at work?

This new law creates two rebuttable presumptions that COVID-19 illnesses contracted by specific categories of employees are work related and therefore eligible for workers’ compensation, including medical treatment. The first presumption applies to COVID-19 workers’ compensation claims filed by peace officers, firefighters, first responders, and health care workers. The second [...]

Do employers need to offer workers’ compensation benefits?

If a worker believes they contracted COVID-19 at their workplace, they have a right to workers’ compensation benefits. You should encourage workers to notify their employer and file a workers’ compensation claim if they think they contracted COVID-19 at work.


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