A failure to warn or repair the condition constitutes negligence. Rowland v. Christian (1968) 69 Cal 2d 108, Fitch v. Le Beau (1969) 1 Cal App 3d 320. The landowner has an affirmative duty to use ordinary care to keep the property in a reasonably safe condition and is liable for injuries caused by uncorrected [...]
On September 12, 2011, In Articles, Personal Injury
For many years California has recognized and encouraged the doctrine of joint and several liability. American Motorcycle Assoc. v. Superior Court, 20 Cal. 3d 578 (1978) reaffirmed the commitment to this basic principle: “First, we conclude that our adoption of comparative negligence to ameliorate the inequitable consequences of the contributory negligence rule does not warrant [...]
On September 12, 2011, In Articles, Personal Injury
“The rule of respondeat superior is familiar and simply stated: an employer is vicariously liable for the torts of its employees committed within the scope of the employment. Equally well established, if somewhat surprising on first encounter, is the principle that an employee’s willful, malicious and even criminal torts may fall within the scope of [...]
On September 12, 2011, In Articles, Employment Law
CACI 3710. Ratification [Name of plaintiff] claims that [name of defendant] is responsible for the harm caused by [name of agent]‘s conduct because [he/ she/it] approved that conduct after it occurred. If you find that [name of agent] harmed [name of plaintiff], you must decide whether [name of defendant] approved that conduct. To establish [his/her] [...]
On September 12, 2011, In Articles, Personal Injury
“Agency and independent contractorship are not necessarily mutually exclusive legal categories as independent contractor and servant or employee are. . . . One who contracts to act on behalf of another and subject to the other’s control, except with respect to his physical conduct, is both an agent and an independent contractor.” [emphais added] (City [...]
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