Understanding California Negligence Laws

California Negligence Laws

One of the most important elements of personal injury cases in California is negligence. Broadly defined, negligence is the principle that people have a minimum obligation (duty of care) to be careful around others. The idea here is that people should behave reasonably under the circumstances to prevent foreseeable harm to likely victims of their actions.

Statutory and case law, however, have introduced plenty of nuance into the negligence discussion. What happens when an accident involves more than two vehicles, for example, and each driver is at least partially at fault? Additionally, is a duty of care stricter for some people than it is for others?

We’ll answer these questions and others in our effort to provide an overview of California negligence laws.

What is Considered Negligence in California?

Text from the California Civil Code reads: “Everyone is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon themselves.”

In simpler terms, someone in California may be negligent if they do not exercise a baseline or standard quality of care that causes physical injury or property damage to another person. Negligence is different from intentional or malicious harm, which may be normally criminal in nature.

Businesses, for example, must take reasonable actions to keep their physical spaces free of hazards, like promptly putting up “Wet Floor” signs next to spills and cleaning the spill up in a timely fashion.

Likewise, licensed drivers must also follow the rules of the road (looking both ways at two-way stops, for instance) to minimize the chances of auto accidents.

Common Types of Injuries and Losses

The most common type of personal injury case is an auto accident. Premises liability cases, in which business owners fail to maintain their physical premises, are also common.

Other circumstances that may give rise to a negligence claim in California include medical malpractice, construction site accidents, slip and fall accidents, dog bites, and product defects.

Specific injuries that may occur due to the negligence of others include:

  • Traumatic brain injuries (TBIs)
  • Broken bones
  • Back pain
  • Neck pain
  • Joint pain
  • Muscle pain
  • Paralysis
  • Severe burns
  • Amputations
  • Internal organ damage
  • Coma
  • Death

Damages (financial compensation for an injury) are not limited to medical expenses for physical injuries. Plaintiffs may seek damages for pain and suffering, lost wages, emotional distress, and loss of consortium, to name four. Loss of consortium refers to the lack of companionship someone experiences after their spouse or partner suffers a severe personal injury.

What is the Statute of Limitations for Negligence in California?

The statute of limitations for a California negligence case is ordinarily two years. That means plaintiffs have two years from the date of the incident to file lawsuits.

One notable exception is medical malpractice cases. Victims 18 or older have one year from the discovery of medical malpractice or three years after the malpractice incident, whichever is sooner. Additionally, the statute of limitations for claims against public entities in California is only six months, but also remember that in cases of fraud, intentional concealment, or the presence of a foreign object left in the body can extend the statute of limitations.

No matter what type of negligence case you’re dealing with, it’s better to act sooner rather than later. Evidence can get lost, and memories can fade over time.

What Are the Elements of Negligence Under California Law?

Four elements must be present in order for negligence cases in California to go forward:

  1. Duty of Care. The person who allegedly caused the injury or property damage owed a duty of care to the plaintiff. Operating a motor vehicle in accordance with the rules of the road is one such example.
  2. Breach of Duty. The defendant breached that duty of care by speeding, not stopping at a red light, or engaging in some other irresponsible driving maneuver.
  3. Causation. The plaintiff suffered injuries or property damage due to the defendant’s breach of the duty of care (causation). The plaintiff, who was crossing an intersection when the light was green, was hit by the defendant and suffered a TBI and broken bones.
  4. Damages. The injury resulted in damages (such as medical bills, lost wages, or emotional distress). The plaintiff incurred medical bills and missed time off of work due to the physical injuries.

The Importance of Evidence in Negligence Cases

lawyer looking for evidence

The key to success in any legal case is offering up convincing evidence to prove your case. In criminal cases, police may rely on forensic evidence—fingerprints, bodily fluids, video analysis—to convince the jury beyond a reasonable doubt that the defendant is guilty of the crime.

It’s not so different for negligence and personal injury cases. If you want to prove that someone else caused your injuries, you need evidence. Evidence can come in the form of post-auto accident pictures, police reports, witness interviews, medical imaging scans, or video surveillance footage.

You do not need to prove your negligence claim beyond a reasonable doubt. The standard—preponderance of the evidence—is lower than it is for criminal cases. The preponderance of the evidence standard means that it is more likely than not that the plaintiff suffered due to the negligence of the defendant. Note that “beyond a reasonable doubt” is a higher standard than “preponderance of the evidence,” because “beyond a reasonable doubt” requires evidence that is so strong that there is zero reasonable doubt. Either way, gathering as much evidence as you can is critical to success in court.

How Can a Personal Injury Lawyer Help?

Trying to represent yourself in a negligence case (or any other legal case) is not that much different from performing open heart surgery on yourself.

A personal injury lawyer can ensure that you get myriad legal paperwork in on time, adhere to the standards of the court, and generally ensure you get a fair shake.

Experienced personal injury attorneys can advise you on the relative chances of success at trial. Conversely, they can apply pressure on defendants so you can avoid the uncertainty of jurors and reach a settlement out of court if you’d like to go that route.

Not having legal representation during your case means you may be leaving money on the table. Lawyers are duty-bound to represent you vigorously and protect your rights.

How Much Does It Cost to Speak With a Personal Injury Lawyer About Negligence?

Some lawyers charge an hourly fee (about $200-$400 per hour, on average) for consultations or building a personal injury case. Others, including Thompson Law, use a contingency fee structure to cover the cost of your case. That means you don’t pay us unless we win damages for you. Our fees come from a fraction of the settlement or judgment. Thompson Law also offers free initial consultations for potential California negligence cases.

The American Bar Association reports that most lawyers charge a fixed percentage of about 33% to 40% in contingency fees if their client wins the case. The amount that adds to will, therefore, depend on the value of the money awarded to the client.

About California’s Pure Comparative Negligence Law

California’s pure comparative negligence law is designed to give plaintiffs some latitude when asking for damages.

In many cases, the plaintiff bears at least a small portion of responsibility for the incident causing personal injury. To understand why, let’s consider an example.

Imagine someone turned left out of a two-way stop without checking both ways. A car with the right of way, which happens to be going 40 mph in a 30 mph zone, collides with this car. The driver who turned left without looking (defendant) is mostly at fault for the incident, but the other driver (plaintiff)—who was speeding—is partially at fault.

The plaintiff takes the defendant to a California court. The jury decides that the total damages amount to $200,000 and that the plaintiff was 20% at fault. The defendant was 80 percent at fault. The plaintiff will then receive 80% of $200,000, which is $160,000.

California’s pure comparative negligence law is kinder to plaintiffs than laws in other states. Pure contributory negligence laws prevent plaintiffs from obtaining damages if they are even 1% at fault for an accident. California used to follow this model, but it (and many other states) have moved toward comparative negligence.

If I Were at Fault, Can I Still Recover Damages?

Under California’s pure comparative negligence law, plaintiffs can still recover damages if they are found to be partially at fault. The damages they receive are reduced by the percentage they are found to be at fault.

Who Determines the Percentage of Fault in California Injury Cases?

If your personal injury case goes to trial and reaches the verdict stage, a judge or jury will determine your percentage of fault. Juries follow particular instructions when deciding the allotment of fault in negligence cases.

How Does Comparative Negligence Work With Multiple Responsible Parties?

The same basic principle of pure comparative negligence applies when multiple parties are at fault. In California, plaintiffs can usually pursue damages “jointly and severally” from a responsible party of their choice. “Jointly and severally” is a legal term meaning that a group of individuals are all equally responsible for fulfilling an obligation.

Consider a hypothetical case wherein a plaintiff develops mesothelioma after years of working with asbestos products. The plaintiff consults a personal injury lawyer, and they take the case to court. A jury finds that the four required elements of a negligence case have been met and that the plaintiff’s damages add up to $500,000. Multiple parties may be responsible—the employer, product supplier, and property manager, to name three.

The plaintiff can essentially pick a defendant to pay the $500,000. If the plaintiff chooses the employer, and the employer pays the full $500,000 to the plaintiff, the employer can then try to get some money from the other two negligent parties.

Contact Thompson Law Today

Being the victim of someone else’s negligence leaves more than just physical scars. A serious accident can make you feel vulnerable, angry, hopeless, and a range of other strong feelings.

Thompson Law features experienced, effective negligence lawyers who know what it takes to win. Our attorneys have recovered more than $1.9 billion for clients, and we’re not stopping anytime soon.

Don’t wait to reach out for the help you need to get what you deserve. Contact our team for a free initial consultation today.

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