California Litigation Defined-Litigation is any lawsuit or other resort to the courts to determine a legal question or matter. Lawyers who devote time to arguing disputed issues in court are referred to as litigators and those they represent are referred to as litigants. Lawyers are required to litigate some matters, such as qui tam actions for fraud against the government. In most cases, lawyers are just a preferred option for those who choose not to represent themselves in court.
Los Angeles Litigation involves many complex legal issues which require not only a knowledge of the law that governs the dispute, but also the law governing the procedures to be followed in order to properly litigate a claim. There are rules governing who may file a claim, where it must be filed, when it must be filed, and how to file it.
Although it is true in Los Angeles County for example that some exceptions have been made to the general principle that a person is liable for injuries caused by his failure to exercise reasonable care in the circumstances, it is clear that in the absence of statutory provision declaring an exception to the fundamental principle enunciated by section 1714 of the Civil Code, no such exception should be made unless clearly supported by public policy.” The elements of a cause of action for negligence are well established. They are “(a) a legal duty to use due care; (b) a breach of such legal duty; [and] (c) the breach as the proximate or legal cause of the resulting injury. Injury Claims-Torts are civil wrongs, as opposed to criminal offenses, for which there is a legal monetary remedy for harm caused. The primary aim of tort law is to provide financial relief for the damages incurred and deter others from committing the same harms.
Some examples of tort are auto accidents, trip and falls, trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Complex tort litigation usually involves difficult or new legal issues, numerous pre-trial motions, large amounts of evidence and numerous parties. An example of a complex tort litigation is asbestos litigation. Auto Accidents-A person must use reasonable care in driving a vehicle. Drivers must keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicles.
The failure to use reasonable care in driving a vehicle is negligence. Property Law Liability-A person who [owns/leases/occupies/controls] property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition. A person who [owns/leases/occupies/controls] property must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.