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What does “possession or control” mean for premises liability?

It can be tempting, when one considers the subject of premises liability, to think that the duty of care that extends to others on real property belongs to the owner of that property. But while it is true that a property owner does have a duty to maintain property in a reasonably safe condition, a closer examination of how California courts have interpreted premises liability law shows that property owners are not the only ones...
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Premises liability can lead to wrongful death

Did you know that it is your legal right to expect the premises of any California facility will be cared for and free of liabilities that could be potentially harmful? Safety precautions should always be made by business owners and building owners to keep everyone who is in the space safe. Not taking precautions or installing the proper equipment can lead to an injury quickly and financially ruin a business. Premises liability can even lead...
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A mistake by a negligent driver leads to fatal motorcycle crash

The excellent weather and beautiful scenery make Orange County a favorite place to ride for California motorcyclists. It does not take more than a couple of seconds for a pleasant ride to turn into a fatal motorcycle crash or a motorcycle accident with catastrophic injuries. A distracted driver whose attention drifts for a moment or the failure to yield the right of way to an oncoming motorcyclist is all it takes to cause a motorcycle...
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How do I know if an insurance adjuster is being fair?

If you have been involved in a car accident with another driver, and you make a claim against the other driver's insurer (or your own), you may find yourself dealing with the flip side of the insurance industry coin: instead of the way that they portray themselves in advertisements (a good neighbor with whom you are in good hands because they are on your side), they can become experts at playing hardball negotiations. The fact...
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Police officers accused in wrongful death of homeless man

Just because police officers may be acquitted of criminal wrongdoing in an incident involving the death of an individual does not necessarily mean that they may not be liable for civil charges. This is a conclusion that may be drawn from a case out of Santa Ana involving two police officers and the death of a homeless man. The incident arose from a violent encounter the police had with the deceased during which the officers...
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