Sunday, August 7, 2022

The Filing Deadline for Personal Injury Lawsuits in California

All states set limits on the amount of time you have to file a lawsuit in civil court after you've suffered some type of harm. This kind of law is called a statute of limitations, and there are different deadlines depending on the kind of case you're filing.

In California, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to court and file a lawsuit against those who could be at fault. Basically, if you fail to file a personal injury lawsuit within this two-year period, the court will likely refuse to hear your case at any time in the future, and your right to compensation will be lost. There are special situations that might extend the deadline or affect when the statute of limitations "clock" starts to run.

The California statute of limitations for personal injury cases can be found at California Code of Civil Procedure section 335.1.

Claims against a city, county or California state government agency. There is a time limit of six months to file an injury claim against a government entity, and claimants must adhere to a strict set of procedural rules. (California Government Code section 911.2.) Learn more about injury claims against a government entity.

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Thursday, August 4, 2022

"Strict" Liability for Dog Bites in California

In many states, dog owners are protected (to some degree) from injury liability the first time their dog injures someone if they had no reason to believe the dog was dangerous. This is often called a "one bite" rule. In California however, a specific statute (California Civil Code section 3342) makes the owner "strictly liable", meaning the dog owner is legally responsible in most situations where their dog bites someone, and no amount of fault or negligence needs to be shown. Specifically, the statute reads:

"The owner of any dog is 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, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."

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Monday, August 1, 2022

Personal Injury

Personal injuries include every variety of injury to a person's body, emotions, or reputation, as contradistinguished from injury to property rights.

Grounds

There are three grounds on which personal injury claims can be brought:

Negligence is the most common basis for personal injury claims. The basis for liability under negligence stems from an individual’s failures to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. For example, a hunter who carelessly shoots his gun towards other people.

Strict Liability holds a defendant liable for committing an action, regardless of what his/her intent or mental state was when committing the action. For example, if an injury occurs as a result of a defect in a product, the manufacturer is responsible for that injury even though they did not act negligently or intend for their product to cause harm.

Intentional Wrongs result from an intentional act of the defendant. Common intentional torts are battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress.

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