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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 [...]
If I am injured by a drunk or intoxicated driver do you have to wait for a conviction for the right to sue for damages?.
No, the perpetrator does not need to be convicted of a DUI before a civil lawsuit can be filed. Potential plaintiffs include passengers in the DUI driver’s vehicle, occupants of other vehicles, and pedestrians.
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 [...]
What if an employee refuses to come to work for fear of infection?
The employers policies, that have been clearly communicated, should address this. Educating your workforce is a critical part of your responsibility. Local and state regulations may address what you have to do and you should align with them.
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.
Can you sue your employer for getting covid at work?
Taking the trial court's decision to its logical conclusion, any person (not just a family member) who contracts COVID-19 from an infected employee would be able to bring a tort lawsuit against the employer,
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