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: I have a case for personal injury against a person who hurt my minor son, and I am waiting for the other party to respond to my offers to settle. But it is taking so long. How long should I wait for them before I file a lawsuit? ANSWER: Normally, when it comes to personal injury cases, it is advisable to pursue settlement before a lawsuit is filed. However, if there is no settlement reached and when the statute of limitations is about to run, a complaint should be.
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.
QUESTION: My wife stepped into a pothole in the parking lot after shopping in a local store. Several witnesses or regulars said they had warned the store about the pothole but they have not repaired it. Can we hold the “chain” responsible for not repairing the parking lot? ANSWER: Property owners and managers are required to keep their property and premises free of dangerous conditions to prevent possible harm to customers, tenants and other users. Owners and managers of such premises may be liable for negligence under a premises liability.
QUESTION: While walking my dog, a large pit bull got out of its owner’s yard and attacked and killed my little dog. It also bit me on my knuckle. I have been unable to sleep since the attack and I find it hard to stay focused. Can I sue the owner? How do I find an attorney that handles this kind of case? ANSWER: Dog owners are generally held strictly liable for damages caused by their pets to a person if it happens in a public place [CC § 3342(a)]..
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.
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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