QUESTION: My son was shot and killed while at a convenience store. Is the store liable for not calling for help even though there were cameras on the site? Do I have a case? ANSWER: In a wrongful death lawsuit, the death of the individual must be caused by the negligence or tortious act of another. For cases of death due to the crime committed by third parties, those who have a special relationship with the victim may be liable under certain circumstances.
QUESTION: I was drunk in a bar and I fell, injuring myself. Do I have a case against the bar? They should have cut me off for having too much to drink but didn’t. ANSWER: Personal injury suits against alcohol providers are usually based on a negligence theory. The alcohol provider’s damages exposure is severely restricted by express statutory immunity from civil liability for any injury caused by the alcohol consumer. The immunity protects both “social host” providers and those in the business of selling alcoholic beverages [CC § 1714(b)].
QUESTION: I retained an attorney to represent me after a slip and fall at a commercial property. However, I have not heard from my attorney if the lawsuit has been filed. Is my lawyer obliged to provide me with such information regarding the progress of my case? ANSWER: As clearly stated in the California Rules of Professional Conduct, attorneys have a duty to communicate with their clients and keep their clients “reasonably informed about significant developments relating to the employment or representation” (CRPC 3–500). Properly performing the job for which.
QUESTION: My son was hurt in school while playing dodgeball with his friends during recess. It was a cold day and the grounds were covered in ice, but they still let the kids play outside. Is the school liable for negligence? ANSWER: Generally, public schools may be held liable for any injury to a student caused by negligent act or omission by its employees (Gov. C. § 815.2). The same may apply to private schools. There is a special relationship between a school district (or its employees) and students, so.
QUESTION: I fell in a restaurant because of a poorly marked step-down. Is there a time limitation for pursuing the damages for the injuries? What are the steps I should take? ANSWER: Generally, there is a two-year time limitation for filing a suit for personal injury or negligence (CCP § 335.1). It is very important to take note of this because one may not be able to recover once the 2-year limit has passed. At the soonest time possible, the victim should do his/her best to preserve evidences related to.
QUESTION: If I was assaulted and injured by another customer while in a bar, can I sue the establishment? Do I have the right to be protected by them from the attack? ANSWER: If a person suffers because of an establishment’s failure to act affirmatively to protect the customer, the injured party may be able to recover compensation for damages [CC § 3281].One of the essential elements of a negligence cause of action is breach of a legal duty to act reasonably under the circumstances.
QUESTION: What can I do if I bit on a bone inside a McNuggets from McDonald’s? It was huge and looked like a half of a chicken wing bone. ANSWER: Providers of contaminated (“adulterated”) food may be liable on product liability and breach of warranty theories if the injury-causing substance is foreign to the food (e.g., bits of glass or wire). However, a substance that is natural to the preparation of a food item (e.g. chicken bone) is by its very nature reasonably expected and, as a matter of law,.
QUESTION: If I am in a business establishment or place, like a gas station, and a person who is not an employee of that business attacked me, Is it possible to hold the establishment liable for my injuries? ANSWER: Generally, one who has not created a peril has no duty to affirmatively act so as to prevent harm to third persons. However, the law does impose a legal duty to affirmatively act (to protect someone else from danger or to control the conduct of a third person) if there is.
QUESTION: My son was stabbed while he was in prison. Can I sue them? ANSWER: Under California law, an incarcerated inmate must exhaust all administrative remedies before suing the state in a civil action based on conditions arising from his or her confinement.
QUESTION: I was injured by a store associate. Can I sue the store company? ANSWER: An employer may be liable for an employee’s (or “ostensible employee’s”) tortious acts committed within the scope of the employment. This is under the doctrine of respondent superior which imposes vicarious (or derivative liability) upon the employer—i.e., it imputes the employee’s fault to the employer and thus makes the employer responsible in damages just as if he or she personally committed the tortious act.