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Articles Posted in Personal Injury Legal Theories

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California Court Determines Hospital’s Failure to Follow Patient’s Health Care Directive Was Not Elder Abuse

In a recent California wrongful death case, an appellate court dismissed a claim against a hospital after it failed to follow a woman’s health care directive stating that she wanted all life-saving measures to be taken. The 70-year-old woman was suffering from terminal pancreatic cancer and was being treated at Scripps…

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“Bounce House” Accident Sends Boy Flying onto California Highway

Earlier this month, a nine-year-old boy was injured when the inflatable bounce house that he was playing inside was lifted off the ground and blown onto a nearby highway. According to a local news report, the inflatable toy was blown from a residential neighborhood in Adelanto about a quarter-mile away…

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Court Allows Case Against Accounting Firm After California Motorcycle Accident

One of the most important considerations in any California personal injury case is understanding when the claim must be filed. In a recent case, an appellate court allowed a California motorcycle accident case to proceed to trial despite the defendant’s argument that the claim was filed after the relevant statute…

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Plaintiff’s Theory of Liability Rejected by California Court as Too “Attenuated”

Earlier this month, a state appellate court issued a written opinion in a California car accident case discussing the element of causation. Specifically, the court was tasked with determining if a party responsible for an accident that occurred several years earlier could be held liable for a subsequent accident that…

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Pure Comparative Negligence and Its Implications in California Personal Injury Lawsuits

Any time an individual files a California personal injury lawsuit, they must be able to provide evidence of each element of their claim. In a traditional negligence case, this means establishing that the defendant violated a duty of care that was owed to the plaintiff. While the outcome of a…

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According to Recent California Appellate Opinion, Landlord Has No Legal Duty to Provide Defibrillator Device

Earlier this month, a state appellate court issued a written opinion in a California personal injury case involving the question of whether a landlord of a building that rents space to a health club has a duty to ensure that the club has a defibrillator device on hand. Ultimately, the…

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California Supreme Court Finds Colleges Have Duty to Protect Students from Foreseeable Harm

In a recent case, the California Supreme Court determined that colleges have a duty to protect students from foreseeable harm. In that case, the court considered a California personal injury claim against the University of California at Los Angeles, after a girl was stabbed by another student during a class. The…

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Three Killed in Southern California DUI Accident

Late last month, a car accident in Huntington Beach killed three and injured several others. According to a local news source covering the tragic accident, the collision occurred at around 1 a.m. on the Pacific Coast Highway. Evidently, the victims’ vehicle had come to a complete stop at a red…

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California Court Upholds City’s Assertion of Trail Immunity in Recent Personal Injury Case

Earlier this month, an appellate court issued an opinion in a California premises liability lawsuit discussing the state’s trail immunity statute and how it can preclude an accident victim’s recovery. The court ultimately determined that the plaintiff’s case fell within the statute’s grant of immunity and dismissed the plaintiff’s case.…

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California Court Refuses to Enforce Arbitration Clause Contained in Rental Agreement

Recently, an appellate court issued a written opinion in a California car accident case dealing with the issue of whether an arbitration agreement signed by the plaintiff’s employer was enforceable against the plaintiff. Ultimately, the court concluded that since the plaintiff was not a signatory to the agreement, and the…

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