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Articles

17 answers, each generated from the California corpus and published with the authorities behind it.

Every page here is Basil Brief answering one question that lawyers actually search for. The answers come from the same corpus and the same citation check the research tool uses, so nothing on these pages goes beyond what the sources support.

Negligence and duty

What is negligence per se in California?

This page explains California's negligence per se rule, its application, and the conditions under which a violation may be excused.

What must a plaintiff prove for negligence in California?

This article outlines the essential elements a plaintiff must prove for various negligence claims in California.

How is causation proved in a California negligence case?

This page explains how causation is proven in California negligence cases, focusing on the "substantial factor" test and special doctrines.

What are the elements of a negligence claim in California?

This page provides a concise overview of the essential factual elements for various negligence claims in California.

Damages

Can I recover loss of consortium in California?

This article explains how loss of consortium claims are handled in California, including what damages are recoverable and what is excluded.

What is the MICRA cap on noneconomic damages in California?

This article explains the MICRA cap on noneconomic damages in California medical malpractice cases.

How does comparative fault reduce a damages award in California?

This article explains how comparative fault reduces damages awards in California negligence and strict liability cases.

Wrongful death and survival

Who can bring a wrongful death claim in California?

This article outlines who is eligible to bring a wrongful death claim in California based on statutory provisions.

What is the difference between a wrongful death and a survival action in California?

This article explains the difference between California wrongful death and survival actions, focusing on who can sue and what losses are recoverable.

Products liability

When is a manufacturer liable for failure to warn in California?

This article explains when a manufacturer is liable for failure to warn in California under negligence and strict liability theories.

What are the design defect tests in California products liability?

This article explains the two tests for design defects in California products liability: consumer expectation and risk-benefit.

Deadlines and limitations

What is the statute of limitations for medical malpractice in California?

This page outlines the one-year and three-year statutes of limitations for medical malpractice in California, including applicable tolling provisions.

California injury law

What is res ipsa loquitur in California?

This article explains the elements and application of res ipsa loquitur in California negligence and medical malpractice cases.

Settlement and procedure

What is a good faith settlement determination in California?

This page explains the California procedure for a good faith settlement determination and its effect on joint tortfeasors.

Premises liability

What are the elements of premises liability?

This article outlines the elements of premises liability in California, including general requirements and specific considerations for certain scenarios.

Fault and apportionment

What is assumption of risk in California?

This article explains California's primary assumption of risk doctrine, detailing its application to occupations, sports, and recreational activities.

Animal and dog-bite claims

Is a dog owner strictly liable for a bite in California?

This article explains California's strict liability rule for dog bites, its application, and specific exceptions for police dogs.