Newsletters

The Duty of Children

Generally, the law requires a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This is called "the duty of reasonable care." A person who breaches his duty of reasonable care is guilty of negligence.

Torts in Golf

Golfers, spectators, and even third parties may be injured by a golf ball or other object on or off the golf course. The owner of the golf course or the golfer who causes the injury may be held liable in a negligence action to the injured party.

Federal Teacher Protection Act -- Punitive Damages

The federal Teacher Protection Act (TPA) attempts to limit punitive damage awards against school employees in cases in which they are not immune from liability.

Assumption of Risk

Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers that are posed by the risk. The doctrine of assumption of risk may be used as a defense to a personal injury action.

Negligence Per Se

Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence.


Robert G. Schock is located in Oakland, CA and serves clients in and around Emeryville, Alameda, Oakland, Berkeley, Albany, El Cerrito, San Francisco, San Leandro, Orinda, Moraga, Lafayette, San Pablo, Brisbane, Richmond, El Sobrante, San Lorenzo, Walnut Creek, Crockett, Castro Valley, Alameda County, Contra Costa County, Marin County, San Francisco County, San Mateo County, Solano County.

LexisNexis Martindale-Hubbel

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]