By | March 7th, 2013

QUESTION: If someone enters my home without permission and my dog bites them, can I be sued for the injury? ANSWER: The “dog bite statute” of California mainly puts the responsibility on the owners of dogs that injure others [CC § 3342(a)]. For example, if a victim was bitten by a dog owned by another tenant in an apartment complex, generally, the owner, and NOT the apartment complex management, will be held liable for the injuries sustained.

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By | March 7th, 2013

QUESTION: I just moved into a new apartment and the management never notified me that my downstairs neighbor had 2 service dogs. During the process of moving, my brother and I met the downstairs neighbor as she was walking her dogs. She said they were her therapy dogs and asked us if we want to pet them. So we did. But without warning, the dog bit me on my arm. When I went to the management, they said they had prior knowledge that the dogs were dangerous, but never did.

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By | March 7th, 2013

QUESTION: Am I responsible if my dog bites someone who puts their hands over my fence while my dog is in my yard? ANSWER: Generally, the “dog bite statute” of California would hold the owner of the dog “liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog.”

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By | March 7th, 2013

QUESTION: What is wrongful death? My brother was murdered and no one responded to the 911 calls until 12 hours after. ANSWER: Wrongful death refers to death caused by the negligence or misconduct of another.  CCP § 377.60 establishes a statutory cause of action in favor of specified heirs of a person who dies as a result of the “wrongful act or neglect” of another.

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By | March 7th, 2013

QUESTION: What is the statute of limitations for filing a wrongful death suit in the state of California? My son was murdered in 2008 and I am interested in filing a tort case. ANSWER: According to the California Code of Civil Procedure (CCP), there is generally a two-year statute of limitations for claims involving death of a person “caused by the wrongful act or neglect of another” (CCP § 335.1). This means that a suit should be filed within two years from the death of the person, otherwise the claimant.

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By | March 7th, 2013

QUESTION: My father died in a horrific accident in February 2013. We were all devastated, and his partner of 40 years is trying to sue for wrongful death or compensation because he was her provider, but they were never married. Is she legally allowed to do this? Can a non-family sue for wrongful death? We also want to know if we have a wrongful death case as his surviving children. ANSWER: The California Code of Civil Procedure provides for certain heirs to file for a wrongful death action on their.

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By | March 7th, 2013

QUESTION: How can I get my landlord to help pay for the medical bills? ANSWER: Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714]. Generally, a person who has suffered injury through the fault of another (e.g. negligence by landlord) is entitled to “be made whole”—i.e., to be restored insofar as is possible to his or her preinjury condition through a “compensatory” damages award [CC § 3281].

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By | March 7th, 2013

QUESTION: Is the school liable for my son’s injury during a wrestling practice at his school? My son’s opponent made an illegal move (pile drive), and sent my son head first to the floor. My son sustained a spinal injury and he has not been the same since. ANSWER: There is a special relationship between a school district or its employees and students that imposes an affirmative duty on the district/employees to take reasonable steps to protect students from reasonably foreseeable risks of harm [C.A. v. William S. Hart Union.

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By | March 7th, 2013

QUESTION: A person borrowed my husband’s bike, and this person said he thinks he was hit by a car but couldn’t remember. Can my husband be sued by a person hurt by the person who only borrowed his bike? What can we do to protect ourselves? ANSWER: Generally, the owner of a motor vehicle is vicariously liable for death or injury to person or property resulting from wrongful (negligent or intentional) operation of the vehicle by any person using it with the owner’s express or implied permission [Veh.C. § 17150]..

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By | March 7th, 2013

QUESTION: Does the landlord have liability for attack under fake security cameras? ANSWER: Businesses have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control, like parking lots, against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill].

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