Blog

man in white hard hat standing on brown wooden dock during daytime

When it comes to personal injury law, not all negligence is created equal. While ordinary negligence involves a failure to exercise reasonable care, gross negligence takes things a step further. It's a term that often surfaces in legal discussions, especially when liability waivers, statutory immunities, or serious accidents are involved. But what exactly is gross negligence, and how does it differ from ordinary negligence? Let's break it down.What is Gross Negligence?Gross negligence is defined as a lack of any care or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or others. It is more than just failing to act with reasonable care; it's about acting in a way that's reckless or showing a complete disregard for the safety of others. This standard can be met through action or inaction.As the California Supreme Court explained, gross negligence has long been defined as either a "want of even scant care" or "an extreme departure from the ordinary standard of conduct." <a href="https://casetext.com/case/santa-barbara-v-superior-court" data-mce-href="https://casetext.com/case/santa-barbara-v-superior-court">(City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, 754 [62 Cal.Rptr.3d 527, 161 P.3d 1095])</a>.<figure id="figure-tkasafu4gm87kzqmw"><img id="tkasafu4gm87kzqmw" src="https://media.gettyimages.com/id/1384677745/photo/compliance-block-removal-game-concept.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=E79mWDKpkwhvijQZ7MWO3gWq61URZj6ZSuFayLsJlZY=" alt="Compliance Block Removal Game concept" title="Compliance Block Removal Game concept" class="object-cover bg-gray-100 " style="aspect-ratio: 16/9; object-position: center center;" data-corners="default" data-aspect="16:9" data-caption="" data-positionx="undefined" data-positiony="undefined" data-fullwidth="false" data-mce-src="https://media.gettyimages.com/id/1384677745/photo/compliance-block-removal-game-concept.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=E79mWDKpkwhvijQZ7MWO3gWq61URZj6ZSuFayLsJlZY=" data-mce-style="aspect-ratio: 16/9; object-position: center center;"></figure>Gross Negligence vs. RecklessnessIt's important to distinguish gross negligence from recklessness or willful misconduct. Reckless conduct involves acting with intentional disregard for a known risk. While gross negligence doesn’t require intent, it does require behavior that is unreasonable and dangerous. As noted in City of Santa Barbara, "wanton or reckless misconduct (or 'willful and wanton negligence') describes conduct by a person who may have no intent to cause harm, but who intentionally performs an act so unreasonable and dangerous that he or she knows or should know it is highly probable that harm will result." (Id. at p. 754, fn. 4).When Does Gross Negligence Matter?Gross negligence often becomes relevant in specific legal contexts:Statutory Immunities: Certain statutes offer immunity unless gross negligence is proven. For example, <a data-mce-href="https://codes.findlaw.com/ca/government-code/gov-sect-831-7/#:~:text=(E)%20An%20act%20of%20gross,or%20damage%20to%20personal%20property." href="https://codes.findlaw.com/ca/government-code/gov-sect-831-7/#:~:text=(E)%20An%20act%20of%20gross,or%20damage%20to%20personal%20property.">Government Code section 831.7(c)(1)(E)</a> excludes immunity for public entities or employees if gross negligence is the proximate cause of an injury during hazardous recreational activities. Liability Waivers: Courts have distinguished between ordinary negligence and gross negligence in cases involving signed liability waivers. A waiver may release liability for ordinary negligence but not for gross negligence (<a data-mce-href="https://casetext.com/case/santa-barbara-v-superior-court" href="https://casetext.com/case/santa-barbara-v-superior-court">City of Santa Barbara, supra, 41 Cal.4th at 777</a>). In these cases, once a defendant establishes the validity of a liability release, the burden shifts to the plaintiff to prove gross negligence by a preponderance of the evidence <a data-mce-href="https://casetext.com/case/eriksson-v-nunnink-2" href="https://casetext.com/case/eriksson-v-nunnink-2">(Eriksson v. Nunnink (2015) 233 Cal.App.4th 708, 732, 734 [183 Cal.Rptr.3d 234]).</a>Gross Negligence in PracticeCalifornia courts have provided clarity on how gross negligence is evaluated:A lack of gross negligence can be determined as a matter of law if the plaintiff's evidence fails to raise a triable issue <a data-mce-href="https://casetext.com/case/grebing-v-24-hour-fitness-usa" href="https://casetext.com/case/grebing-v-24-hour-fitness-usa">(Grebing v. 24 Hour Fitness USA, Inc. (2015) 234 Cal.App.4th 631, 638-639 [184 Cal.Rptr.3d 155]</a>).However, determining whether conduct constitutes gross negligence is generally a question of fact, dependent on the nature of the act and surrounding circumstances <a data-mce-href="https://casetext.com/case/jimenez-v-24-hour-fitness-usa-inc" href="https://casetext.com/case/jimenez-v-24-hour-fitness-usa-inc">(Jimenez v. 24 Hour Fitness USA, Inc. (2015) 237 Cal.App.4th 546, 555 [188 Cal.Rptr.3d 228])</a>.Evidence that a defendant's actions "substantially or unreasonably increased the inherent risk of an activity" may establish gross negligence, especially when it involves a breach of safety protocols or industry standards <a data-mce-href="https://casetext.com/case/anderson-v-fitness-intl-llc" href="https://casetext.com/case/anderson-v-fitness-intl-llc">(Anderson v. Fitness Internat., LLC (2016) 4 Cal.App.5th 867, 881 [208 Cal.Rptr.3d 792])</a>. &nbsp; Statutory Examples of Gross Negligence California statutes frequently reference gross negligence in the context of immunity for emergency responders and professionals. For instance:<a data-mce-href="https://casetext.com/statute/california-codes/california-business-and-professions-code/division-2-healing-arts/chapter-6-nursing/article-2-scope-of-regulation/section-27275-immunity-for-emergency-care-at-scene-of-emergency" href="https://casetext.com/statute/california-codes/california-business-and-professions-code/division-2-healing-arts/chapter-6-nursing/article-2-scope-of-regulation/section-27275-immunity-for-emergency-care-at-scene-of-emergency">Bus. &amp; Prof. Code, § 2727.5</a>: Grants immunity to licensed nurses providing emergency care unless their conduct is grossly negligent.<a data-mce-href="https://law.justia.com/codes/california/code-bpc/division-2/chapter-5/article-17/section-2395-5/" href="https://law.justia.com/codes/california/code-bpc/division-2/chapter-5/article-17/section-2395-5/">Bus. &amp; Prof. Code, § 2395.5</a>: Offers similar protection to licensed physicians providing emergency obstetrical services unless gross negligence is involved.<a data-mce-href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1799.106.&amp;lawCode=HSC" href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1799.106.&amp;lawCode=HSC">Health &amp; Saf. Code, § 1799.106</a>: Immunizes firefighters and police officers providing emergency medical services, unless their actions are grossly negligent.In <a data-mce-href="https://law.justia.com/cases/california/court-of-appeal/3d/209/349.html" href="https://law.justia.com/cases/california/court-of-appeal/3d/209/349.html">Decker v. City of Imperial Beach (1989) 209 Cal.App.3d 349, 358 [257 Cal.Rptr. 356]</a>, the court cited Prosser on Torts, describing gross negligence as "a failure to exercise even that care which a careless person would use."<figure id="figure-qxr2ot03efm87l502o"><img id="qxr2ot03efm87l502o" src="https://media.gettyimages.com/id/1761233614/photo/traffic-cone-gavel.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=R9eOD1pjoP4v-5AfDz8fn4bChCU8NLn5VEDne9srRe4=" alt="Traffic Cone Gavel" title="Traffic Cone Gavel" class="object-cover bg-gray-100 " style="aspect-ratio: 16/9; object-position: center center;" data-corners="default" data-aspect="16:9" data-caption="" data-positionx="undefined" data-positiony="undefined" data-fullwidth="false" data-mce-src="https://media.gettyimages.com/id/1761233614/photo/traffic-cone-gavel.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=R9eOD1pjoP4v-5AfDz8fn4bChCU8NLn5VEDne9srRe4=" data-mce-style="aspect-ratio: 16/9; object-position: center center;"></figure> Can Gross Negligence Be Determined as a Matter of Law?Yes, but only when the facts are clear-cut. Courts have ruled that if the plaintiff’s evidence fails to establish gross negligence, summary judgment may be appropriate<a data-mce-href="https://casetext.com/case/joshi-v-fitness-intl" href="https://casetext.com/case/joshi-v-fitness-intl"> (Joshi v. Fitness Internat., LLC (2022) 80 Cal.App.5th 814, 828 [295 Cal.Rptr.3d 572])</a>. Still, many cases rely on the judgment of a jury to decide whether a defendant's conduct rises to this higher level of negligence.&nbsp; Why Gross Negligence is ImportantUnderstanding gross negligence matters because it defines the boundaries of liability and personal responsibility in California law. It also highlights the level of care expected in hazardous situations and can determine whether liability waivers or statutory immunities hold up in court.&nbsp; Final ThoughtsGross negligence isn’t just a legal term; it’s a standard that protects people from egregious behavior that poses unnecessary risks. If you've been injured and believe gross negligence played a role, it's crucial to speak with an experienced attorney. They can help you navigate complex legal standards and fight for the compensation you deserve.Understanding the nuances of gross negligence is key to protecting your rights and holding others accountable for extreme misconduct.Southern California Personal Injury Law: Trusted Personal Injury Law FirmAt Southern California Personal Injury Law, we take a modern, client-focused approach to personal injury cases, positioning ourselves as pioneers in the Southern California personal injury legal landscape. Our dedicated personal injury attorneys prioritize your goals, tailoring representation to meet your unique needs and maximize your recovery.If you or a loved one has been injured due to negligence--whether it be a car accident, slip and fall, elder abuse, workplace injury, or more--we're here to help. Contact Southern California Personal Injury Law today for a free, no-obligation case evaluation at (949) 933-1973.Don't wait—delays can impact your case and potential compensation. Reach out now to protect your rights and get the legal support you deserve.

Understanding Gross Negligence: What It Means and Why It Matters

When a plaintiff alleges harm due to a dangerous condition on public property, the legal framework for such a claim is defined by <a data-mce-href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=835.&amp;lawCode=GOV" href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=835.&amp;lawCode=GOV">Government Code § 835</a>. This statute sets forth the conditions under which a public entity may be held liable for injuries caused by dangerous conditions on its property. In this blog post, we explore the essential factual elements required to establish a claim under § 835, along with key case law and statutory references that illustrate how courts analyze these issues.Essential Factual ElementsTo succeed in a claim for a dangerous condition on public property, the plaintiff must prove each of the following elements:Property Control: The plaintiff must show that the defendant owned or controlled the property. Control is paramount—more so than mere ownership—as it indicates the entity’s capacity to maintain, protect, or warn users of any hazards. As emphasized in <a data-mce-href="https://casetext.com/case/goddard-v-dept-of-fish-wildlife" href="https://casetext.com/case/goddard-v-dept-of-fish-wildlife">Goddard v. Department of Fish &amp; Wildlife (2015) 243 Cal.App.4th 350, 359 [196 Cal.Rptr.3d 625],</a> a public entity may not be held liable for a dangerous condition on property it does not control. Existence of a Dangerous Condition: The property must have been in a dangerous condition at the time of the injury. This involves a condition that creates an unreasonable risk of harm. Courts require evidence that the condition was dangerous—not merely defective—and that it posed a substantial risk to the public. The concept of “dangerous” is interpreted through the lens of what would be reasonably foreseeable, as further explained in <a data-mce-href="https://casetext.com/case/hayes-v-state-of-california-2" href="https://casetext.com/case/hayes-v-state-of-california-2">Hayes v. State of California (1974) 11 Cal.3d 469, 472 [113 Cal.Rptr. 599, 521 P.2d 855].</a> Foreseeable Risk: It must be established that the dangerous condition created a reasonably foreseeable risk of the type of injury that occurred. In other words, the risk of harm from the condition should have been predictable by a reasonable person, linking the condition directly to the injuries sustained. Creation or Notice of the Dangerous Condition: For public entities, liability under § 835 requires the plaintiff to demonstrate either:a) That the dangerous condition was created by the negligent or wrongful act or omission of an employee acting within the scope of their employment; or b) That the public entity had actual or constructive notice of the dangerous condition for a sufficient time prior to the injury, thereby failing to take reasonable steps to protect against it. This dual pathway is well illustrated in<a data-mce-href="https://www.leagle.com/decision/incaco20150813041" href="https://www.leagle.com/decision/incaco20150813041"> Cordova v. City of Los Angeles (2015) 61 Cal.4th 1099, 1104 [190 Cal.Rptr.3d 850, 353 P.3d 773]</a>, where the court underscored that a public entity may be liable if it either created the dangerous condition or had ample notice to remedy it. Further, <a data-mce-href="https://caselaw.findlaw.com/court/ca-supreme-court/2198303.html" href="https://caselaw.findlaw.com/court/ca-supreme-court/2198303.html">Tansavatdi v. City of Rancho Palos Verdes (2023) 14 Cal.5th 639, 647 [307 Cal.Rptr.3d 346, 527 P.3d 873]</a> confirms that liability can be imposed even if the dangerous condition was not directly created by the entity’s employees, so long as the entity had notice and failed to act. Injury to the Plaintiff: The plaintiff must have sustained harm as a result of the dangerous condition. This element links the hazardous condition to a specific injury, requiring evidence of causation. Causation: Finally, it must be shown that the dangerous condition was a substantial factor in causing the plaintiff’s injuries. This causation requirement ensures that the property defect was not merely incidental but played a critical role in the harm suffered. Judicial Interpretations and Policy ConsiderationsCase law provides further clarity on these elements. For instance, in <a data-mce-href="https://case-law.vlex.com/vid/castro-v-city-of-894633995" href="https://case-law.vlex.com/vid/castro-v-city-of-894633995">Castro v. City of Thousand Oaks (2015) 239 Cal.App.4th 1451, 1457–1458 [192 Cal.Rptr.3d 376]</a>, the court noted that a dangerous condition on public property can expose users to increased risk from third-party actions if certain features of the property amplify those risks. Similarly, <a data-mce-href="https://scocal.stanford.edu/opinion/brown-v-poway-unified-school-dist-31442" href="https://scocal.stanford.edu/opinion/brown-v-poway-unified-school-dist-31442">Brown v. Poway Unified School Dist. (1993) 4 Cal.4th 820, 836 [15 Cal.Rptr.2d 679, 843 P.2d 624]</a> distinguished between dangerous conditions created by the public entity versus those for which the entity had notice, emphasizing the importance of both creation and notice in determining liability.In <a data-mce-href="https://casetext.com/case/metcalf-v-county-of-san-joaquin" href="https://casetext.com/case/metcalf-v-county-of-san-joaquin">Metcalf v. County of San Joaquin (2008) 42 Cal.4th 1121, 1135 [72 Cal.Rptr.3d 382, 176 P.2d 654]</a>, the court warned against a broad application of the res ipsa loquitur presumption in these cases, noting that the legislative history of § 835 requires a clear demonstration that an employee’s negligent or wrongful act led to the dangerous condition. <a data-mce-href="https://law.justia.com/cases/california/court-of-appeal/3d/128/668.html" href="https://law.justia.com/cases/california/court-of-appeal/3d/128/668.html">Meanwhile, Curtis v. State of California (1982) 128 Cal.App.3d 668, 693 [180 Cal.Rptr. 843] </a>reinforces that a public entity may be held liable if either negligence or notice is established.The pivotal role of control is further supported by <a data-mce-href="https://www.lawpipe.com/California/Mamola_v_State_of_California_ex_rel_Dept_of_Transportation.html" href="https://www.lawpipe.com/California/Mamola_v_State_of_California_ex_rel_Dept_of_Transportation.html">Mamola v. State of California ex rel. Dept. of Transportation (1979) 94 Cal.App.3d 781, 788 [156 Cal.Rptr. 614]</a>, which clarifies that the entity’s capacity to protect or warn is what ultimately underpins liability—not mere ownership.Lastly, recent cases such as <a data-mce-href="https://casetext.com/case/nunez-v-city-of-redondo-beach-2" href="https://casetext.com/case/nunez-v-city-of-redondo-beach-2">Nunez v. City of Redondo Beach (2022) 81 Cal.App.5th 749, 757 [297 Cal.Rptr.3d 461] </a>remind us that if a property defect is deemed trivial or insignificant, it may not rise to the level of a “dangerous condition” as a matter of law. The evidence must be viewed favorably for the plaintiff, but if the risk is deemed minimal, liability might not attach.ConclusionIn essence, a dangerous condition on public property claim under Government Code § 835 requires a careful, fact-specific analysis. Plaintiffs must demonstrate that the public entity controlled the property, that a dangerous condition existed and created a foreseeable risk, that the entity either created the condition or had sufficient notice to remedy it, and that these factors were a substantial cause of the injury. Through decisions in Cordova, Tansavatdi, Castro, Brown, Metcalf, Curtis, Mamola, and Nunez, California courts have delineated a rigorous framework for assessing these claims. For legal practitioners and policy-makers alike, understanding these elements is crucial to ensuring that public entities are held accountable for maintaining safe environments, thereby protecting the welfare of the public.Southern California Personal Injury Law: Trusted Personal Injury Law FirmAt Southern California Personal Injury Law, we take a modern, client-focused approach to personal injury cases, positioning ourselves as pioneers in the Southern California personal injury legal landscape. Our dedicated personal injury attorneys prioritize your goals, tailoring representation to meet your unique needs and maximize your recovery.If you or a loved one has been injured due to negligence--whether it be a car accident, slip and fall, elder abuse, workplace injury, or more--we're here to help. Contact Southern California Personal Injury Law today for a free, no-obligation case evaluation at (949) 933-1973.Don't wait—delays can impact your case and potential compensation. Reach out now to protect your rights and get the legal support you deserve.

Dangerous Conditions on Public Property: Essential Elements for Liability

In personal injury litigation, defendants sometimes invoke the affirmative defense of failure to wear a seat belt. This defense asserts that the plaintiff’s own negligence contributed to, or even caused, the injuries sustained in a motor vehicle accident. To successfully assert this defense, the defendant must prove four essential elements:Availability of a Working Seat Belt: The defendant must establish that a functioning seat belt was available in the vehicle at the time of the accident. Reasonable Use Expected: The defendant must demonstrate that a reasonably careful person in the plaintiff’s situation would have used the available seat belt. This analysis may consider the specific language of <a data-mce-href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27315.&amp;lawCode=VEH" href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27315.&amp;lawCode=VEH">Vehicle Code section 27315</a>, which outlines the legal expectation for persons 16 years or older. Plaintiff’s Failure to Wear the Seat Belt: Evidence must show that the plaintiff did not, in fact, wear the seat belt provided. Causation: Finally, the defendant must prove that the plaintiff’s injuries would have been avoided or would have been less severe if the seat belt had been used. This defense is grounded in the notion that a plaintiff’s failure to take reasonable precautions—such as wearing a seat belt—can limit or reduce recovery for injuries that might otherwise have been mitigated.The seminal case <a data-mce-href="https://casetext.com/case/franklin-v-gibson-4" href="https://casetext.com/case/franklin-v-gibson-4">Franklin v. Gibson (1982) 138 Cal.App.3d 340, 343 [188 Cal.Rptr. 23]</a> sets forth the dual issues that a defendant must prove. First, that a reasonably prudent person in the plaintiff’s position should have worn the seat belt; and second, that the plaintiff’s failure to do so materially affected the extent of the injuries sustained. Similarly, <a data-mce-href="https://casetext.com/case/truman-v-vargas" href="https://casetext.com/case/truman-v-vargas">Truman v. Vargas (1969) 275 Cal.App.2d 976, 983 [80 Cal.Rptr.373]</a> underscores that expert testimony may be necessary to distinguish between injuries that were unavoidable and those that could have been prevented—or at least lessened—if the seat belt had been worn.In <a data-mce-href="https://law.justia.com/cases/california/court-of-appeal/4th/4/737.html" href="https://law.justia.com/cases/california/court-of-appeal/4th/4/737.html">Housley v. Godinez (1992) 4 Cal.App.4th 737, 747 [6 Cal.Rptr.2d 111]</a>, the court approved jury instructions that explicitly address the seat belt defense. These instructions remind the jury that even though the defendant may assert this affirmative defense, the ultimate determination of negligence must account for whether, in the exercise of ordinary care, the plaintiff should have worn the seat belt. The court noted that expert testimony is pivotal in assessing the nature and extent of the injuries that could have been mitigated by seat belt use. The case further clarifies that the existence of Vehicle Code section 27315 does not automatically negate liability; rather, it provides a framework for the jury to weigh the comparative negligence of the plaintiff.Moreover, in <a data-mce-href="https://casetext.com/case/hardison-v-bushnell" href="https://casetext.com/case/hardison-v-bushnell">Hardison v. Bushnell (1993) 18 Cal.App.4th 22, 28 [22 Cal.Rptr.2d 106]</a>, evidence was presented indicating that the plaintiff’s failure to wear a seat belt contributed to the severity of the injuries. The court emphasized that the foreseeability of injury, rather than the precise degree of injury, is key in determining causation. This principle is echoed in <a data-mce-href="https://casetext.com/case/lara-v-nevitt" href="https://casetext.com/case/lara-v-nevitt">Lara v. Nevitt (2004) 123 Cal.App.4th 454, 458-459 [19 Cal.Rptr.3d 865]</a>, where the court noted that while expert testimony is not always required to prove that failing to use a seat belt may cause injury, such testimony can help differentiate between injuries that were inherent in the collision and those that might have been prevented by the use of a seat belt.It is important to note that the affirmative defense based on failure to wear a seat belt is not predicated on a violation of a Vehicle Code provision per se, nor is it negated by any exemption contained within the statute. Instead, it is a defense that relies on demonstrating comparative negligence—the idea that the plaintiff’s own failure to exercise reasonable care contributed to the harm suffered.Secondary sources such as the California Tort Guide (Cont.Ed.Bar 3d ed., § 4.71-4.72) and the works by<a data-mce-href="https://store.lexisnexis.com/en-us/products/california-torts-grpussku10295.html" href="https://store.lexisnexis.com/en-us/products/california-torts-grpussku10295.html"> Levy et al. in California Torts, Ch. 20, Motor Vehicles, § 20.05</a> further elucidate how this defense operates within the broader context of negligence law. These sources emphasize that the seat belt defense is a tool for apportioning fault rather than completely absolving the defendant of liability.In summary, the affirmative defense of failure to wear a seat belt requires a careful factual analysis and presentation of evidence regarding the availability of a working seat belt, the expected behavior of a reasonably careful person, the plaintiff’s actual actions, and the causal relationship between the lack of seat belt use and the injuries sustained. By understanding and effectively employing this defense, defendants aim to mitigate their liability, while courts carefully consider these factors to ensure a fair allocation of responsibility between the parties involved.Understanding these elements is crucial not only for defendants seeking to assert this defense but also for plaintiffs who must be prepared to counter it with evidence and expert testimony. As illustrated by cases such as Franklin v. Gibson, Truman v. Vargas, Housley v. Godinez, Hardison v. Bushnell, and Lara v. Nevitt, the seat belt defense remains a significant aspect of personal injury litigation in California, reflecting the nuanced interplay between statutory mandates and the principles of comparative negligence.Southern California Personal Injury Law: Trusted Personal Injury Law FirmAt Southern California Personal Injury Law, we take a modern, client-focused approach to personal injury cases, positioning ourselves as pioneers in the Southern California personal injury legal landscape. Our dedicated personal injury attorneys prioritize your goals, tailoring representation to meet your unique needs and maximize your recovery.If you or a loved one has been injured due to negligence--whether it be a car accident, slip and fall, elder abuse, workplace injury, or more--we're here to help. Contact Southern California Personal Injury Law today for a free, no-obligation case evaluation at (949) 933-1973.Don't wait—delays can impact your case and potential compensation. Reach out now to protect your rights and get the legal support you deserve.

Understanding the Affirmative Defense of Failure to Wear a Seat Belt in Personal Injury Cases

white and red car on road during night time

Understanding what constitutes an “emergency” under California’s traffic laws is crucial for determining when an authorized emergency vehicle is afforded certain legal exemptions. Under <a data-mce-href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&amp;sectionNum=21055." href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&amp;sectionNum=21055.">Vehicle Code § 21055(a)</a>, an “emergency” exists if the driver of an authorized emergency vehicle is:responding to an emergency call; involved in rescue operations; in the immediate pursuit of an actual or suspected violator of the law; responding to, but not returning from, a fire alarm; or operating a fire department vehicle while traveling from one place to another because of an emergency call. This statutory language provides a clear framework for evaluating whether a driver was acting in response to an emergency at the time of an incident. It is important to note that the determination of an emergency depends not on an objective analysis of events after the fact, but on the nature of the call or situation as it was presented to the driver. In other words, the driver must have had reasonable grounds to believe that an emergency existed, even if the emergency may later be subject to debate.The landmark case <a data-mce-href="https://casetext.com/case/washington-v-city-county-of-sf-1" href="https://casetext.com/case/washington-v-city-county-of-sf-1">Washington v. City and County of San Francisco (1954) 123 Cal.App.2d 235, 241 [266 P.2d 828]</a> serves as a key reference point in interpreting this statute. In Washington, the court scrutinized the factual context of the incident to determine whether the driver was indeed responding to an emergency as defined by the statute. Similarly, <a data-mce-href="https://casetext.com/case/gallup-v-sparks-mundo-engineering-co" href="https://casetext.com/case/gallup-v-sparks-mundo-engineering-co">Gallup v. Sparks-Mundo Engineering Co. (1954) 43 Cal.2d 1, 5 [271 P.2d 34]</a> further clarifies that the existence of an emergency is contingent upon the nature of the call received and the situation as perceived by the driver. It is not solely based on whether an emergency exists in fact, but rather on whether the driver had reasonable grounds to believe one was present.This distinction is critical because it establishes that the exemptions provided to emergency vehicle operators are not absolute; they are predicated on the driver’s reasonable interpretation of the situation. If a driver reasonably believes that an emergency exists, they may be afforded certain legal protections even if, upon later review, the circumstances might not meet an objective standard of emergency. The courts have repeatedly underscored that the “emergency” determination is inherently subjective, relying on the facts as they were understood by the driver at the moment of action.For practitioners and scholars alike, secondary sources such as Witkin’s Summary of California Law (11th ed. 2017, Torts §§ 358, 394–398) and the Government Tort Liability Practice (Cont.Ed.Bar 4th ed. §§ 11.140–11.144) provide further commentary on the nuances of this statutory provision. These resources emphasize that the analysis of whether a driver was responding to an emergency must consider the reasonable perceptions of the driver, rather than solely the objective outcome of the situation.In summary, California’s definition of “emergency” under Vehicle Code § 21055 is designed to offer legal protections to emergency vehicle operators who act in response to urgent, time-sensitive situations. By focusing on the driver’s reasonable belief in the existence of an emergency—supported by judicial interpretations in cases such as Washington v. City and County of San Francisco and Gallup v. Sparks-Mundo Engineering Co.—the statute ensures that drivers are not unduly penalized for actions taken under the pressure of emergent circumstances. This approach strikes a balance between public safety and the need to hold drivers accountable, reflecting the complex realities of emergency response on California’s roadways. Southern California Personal Injury Law: Trusted Personal Injury Law FirmAt Southern California Personal Injury Law, we take a modern, client-focused approach to personal injury cases, positioning ourselves as pioneers in the Southern California personal injury legal landscape. Our dedicated personal injury attorneys prioritize your goals, tailoring representation to meet your unique needs and maximize your recovery.If you or a loved one has been injured due to negligence--whether it be a car accident, slip and fall, elder abuse, workplace injury, or more--we're here to help. Contact Southern California Personal Injury Law today for a free, no-obligation case evaluation at (949) 933-1973.Don't wait—delays can impact your case and potential compensation. Reach out now to protect your rights and get the legal support you deserve.

Defining “Emergency” Under California Law: An Analysis of Veh. Code § 21055

Premises liability claims are grounded in the principle that property owners—or those who control, lease, or occupy property—must exercise reasonable care in managing their premises to prevent harm to others. In a typical premises liability claim, the plaintiff alleges that they were injured due to the way the defendant managed their property. To succeed, the plaintiff must prove four essential elements: first, that the defendant owned, leased, occupied, or controlled the property; second, that the defendant was negligent in the use or maintenance of that property; third, that the plaintiff was harmed; and fourth, that the defendant’s negligence was a substantial factor in causing the plaintiff’s harm.The legal duty to exercise due care is well established in California law. Under <a data-mce-href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&amp;lawCode=CIV" href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&amp;lawCode=CIV">Civil Code section 1714(a)</a>, every person is required to exercise reasonable care to prevent harm to others. As explained in <a data-mce-href="https://www.quimbee.com/cases/kesner-v-superior-court" href="https://www.quimbee.com/cases/kesner-v-superior-court">Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1159 [210 Cal.Rptr.3d 283, 384 P.3d 283]</a>, the elements of a negligence claim and a premises liability claim are essentially the same—namely, a legal duty of care, a breach of that duty, and proximate cause resulting in injury. In Kesner, "Johnny Kesner’s (plaintiff’s) uncle, George Kesner, worked for Pneumo Abex, LLC (defendant). George was exposed to asbestos at work and would sometimes come home and roughhouse with Johnny while wearing his work clothes. Johnny was diagnosed with mesothelioma, and he brought an action against Abex and other defendants alleging that he contracted mesothelioma because of his secondary exposure to the asbestos on his uncle’s clothing. Lynne Haver’s husband, Mike Haver, worked for BNSF Railway Company (defendant). Mike was exposed to asbestos at work, and Lynne laundered Mike’s work clothes. Lynne died of mesothelioma. Lynne’s family (plaintiffs) brought a wrongful-death action against BNSF based on Lynne’s secondary exposure to asbestos. The lower courts in Kesner’s and the Havers’s cases reached different conclusions about whether employers and premises owners who use asbestos in their facilities have a duty to prevent nonemployees from secondary exposure to asbestos. The California Supreme Court consolidated the cases for review." <a data-mce-href="https://www.quimbee.com/cases/kesner-v-superior-court" href="https://www.quimbee.com/cases/kesner-v-superior-court">See here</a>.&nbsp;The court ruled that the ownership or control of a property inherently creates an affirmative duty to manage and maintain that property in a manner that minimizes risk. This duty extends to all persons on the premises, as the mere possession of the property imposes the responsibility to adhere to the same standard of care that applies in general negligence cases—a principle underscored by the Rowland v. Christian (1968) 69 Cal.2d 108 [70 Cal.Rptr. 97, 443 P.2d 561] decision.Courts have consistently held that property owners are liable for injuries sustained on their premises when they fail to exercise ordinary care. For example, in Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619 [264 Cal.Rptr. 756], the court affirmed that a failure to manage or maintain a property responsibly constitutes negligence. Moreover, the duty of care extends even to those who may not be the outright owners of the property. As noted in Alcaraz v. Vece (1997) 14 Cal.4th 1149, 1162 [60 Cal.Rptr.2d 448, 929 P.2d 1239], control of the premises alone is sufficient to establish liability. This principle underscores that a defendant does not need to own and possess the property entirely; mere control is enough to impose an affirmative duty.Furthermore, the duty of care imposed on a property owner is not confined solely to the boundaries of the premises. As elaborated in Kesner, supra, 5 Cal.5th at p. 1159, a landowner’s duty encompasses measures to avoid exposing individuals to risks of injury that might occur offsite if the property is maintained in a manner that creates an unreasonable risk. This broader interpretation reflects the evolving understanding of premises liability, ensuring that the duty to protect potential victims extends as far as is reasonably necessary.Secondary sources such as Witkin’s Summary of California Law (11th ed. 2017, Torts §§ 1224-1228), the California Tort Guide (Cont.Ed.Bar 3d ed. §§ 4.72-4.73), and works by Levy et al. in California Torts, Ch. 15, General Premises Liability further reinforce these principles. These authorities provide additional context and analysis, offering legal practitioners a comprehensive understanding of the nuances in premises liability claims.In summary, a successful premises liability claim requires the plaintiff to establish that the defendant controlled the property, was negligent in its maintenance or use, and that this negligence was a substantial factor in causing harm. Landmark cases such as Rowland v. Christian, Kesner v. Superior Court, Brooks v. Eugene Burger Management Corp., and Alcaraz v. Vece have shaped the contours of this legal doctrine, emphasizing that the duty arising from property control is akin to that imposed in general negligence claims. As property owners and controllers navigate their responsibilities, understanding these legal standards is essential to both preventing injuries and mitigating liability when accidents occur. Southern California Personal Injury Law: Trusted Personal Injury Law FirmAt Southern California Personal Injury Law, we take a modern, client-focused approach to personal injury cases, positioning ourselves as pioneers in the Southern California personal injury legal landscape. Our dedicated personal injury attorneys prioritize your goals, tailoring representation to meet your unique needs and maximize your recovery.If you or a loved one has been injured due to negligence--whether it be a car accident, slip and fall, elder abuse, workplace injury, or more--we're here to help. Contact Southern California Personal Injury Law today for a free, no-obligation case evaluation at (949) 933-1973.Don't wait—delays can impact your case and potential compensation. Reach out now to protect your rights and get the legal support you deserve.

Premises Liability: Essential Factual Elements and the Legal Framework

A contingency fee is a payment arrangement in which an attorney’s fee is contingent upon winning your case. Instead of requiring an upfront retainer or billing by the hour, a lawyer working on a contingency basis will receive a predetermined percentage of the final settlement or judgment only if you prevail. This type of fee structure is particularly common in personal injury, employment discrimination, and other civil litigation matters, where clients may not have the financial resources to pay traditional fees.One of the key advantages of a contingency fee arrangement is that it aligns the lawyer’s interests with your own. Since the attorney’s compensation depends entirely on the success of your case, they are highly motivated to secure the best possible outcome. This can provide a level of reassurance for clients who might otherwise be hesitant to pursue legal action due to financial constraints. Additionally, a contingency fee arrangement allows you to access legal representation without the burden of upfront costs, making justice more accessible for individuals facing significant personal or financial challenges.It’s important to understand, however, that while the basic structure of a contingency fee is widely used, the specific terms of the agreement are always negotiable. The percentage that the attorney will take can vary based on several factors, such as the complexity of the case, the likelihood of success, and the amount of work anticipated. In some instances, lawyers might agree to a sliding scale where the fee percentage decreases if the final recovery exceeds a certain threshold. Moreover, it is common for attorneys to outline how additional costs—such as filing fees, expert witness expenses, and other litigation costs—will be handled. These expenses are often deducted from the total recovery before the attorney’s fee is calculated, but the exact arrangements can be adjusted through negotiation.When discussing a contingency fee arrangement with a potential attorney, it is crucial to ask detailed questions about the fee structure and any additional costs that might be incurred during the litigation process. Ensure that you receive a clear, written agreement that spells out the terms of the contingency fee, including the percentage, how expenses will be handled, and any other relevant provisions. This transparency not only protects your interests but also fosters a collaborative relationship with your attorney, where both parties have a mutual understanding of the financial terms.Ultimately, a contingency fee arrangement can serve as an effective means of accessing quality legal representation, especially in cases where financial constraints might otherwise deter a potential claim. By aligning the attorney’s financial incentives with your own success, this arrangement helps level the playing field and ensures that you do not shoulder the financial risk if your case is unsuccessful. Remember, fees are always negotiable, so it is beneficial to discuss your options thoroughly with your attorney to arrive at a fair and workable agreement that suits the specifics of your case.Southern California Personal Injury Law: Trusted Personal Injury Law FirmAt Southern California Personal Injury Law, we take a modern, client-focused approach to personal injury cases, positioning ourselves as pioneers in the Southern California personal injury legal landscape. Our dedicated personal injury attorneys prioritize your goals, tailoring representation to meet your unique needs and maximize your recovery.If you or a loved one has been injured due to negligence--whether it be a car accident, slip and fall, elder abuse, workplace injury, or more--we're here to help. Contact Southern California Personal Injury Law today for a free, no-obligation case evaluation at (949) 933-1973.Don't wait—delays can impact your case and potential compensation. Reach out now to protect your rights and get the legal support you deserve.

Blog

Understanding Gross Negligence: What It Means and Why It ...

Dangerous Conditions on Public Property: Essential Elemen...

Understanding the Affirmative Defense of Failure to Wear ...

Defining “Emergency” Under California Law: An Analysis of...

Premises Liability: Essential Factual Elements and the Le...

Contingencies Explained