Serious Personal Injury

A serious injury can affect every part of a person’s life. Medical treatment, pain, lost income, reduced independence, emotional distress, and uncertainty about the future can continue long after the incident itself. When an individual, business, property owner, school, employer, government agency, or other entity causes an injury through negligence, intentional misconduct, or a failure to protect against a known danger, the injured person may have the right to pursue compensation and accountability.

 

The Westmoreland Law Firm represents individuals and families in matters involving:

• Slip-and-fall and trip-and-fall incidents

• Dangerous property conditions

• Traumatic brain injuries and concussions

• Dog bites and animal attacks

• Negligent hiring, supervision, and retention

• School bullying and student-safety failures

• Defamation

• Intentional infliction of emotional distress

• Assault and battery

• Inadequate security

• Catastrophic injuries

• Wrongful death

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We investigate the circumstances surrounding the injury, preserve critical evidence, identify every responsible party, and pursue the compensation and other relief permitted by California law.

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WHAT IS A PERSONAL-INJURY CLAIM?

A personal-injury claim may arise when another person or entity causes physical, emotional, financial, or reputational harm through negligence or intentional misconduct. A negligence claim generally requires proof that:

• The defendant owed the injured person a legal duty

• The defendant failed to exercise reasonable care

• The defendant’s conduct caused or substantially contributed to the injury

• The injured person sustained legally recoverable harm

 

Personal-injury cases are not limited to accidents. A claim may also arise from intentional conduct, false statements, harassment, threats, abuse of authority, or a conscious failure to protect someone from a known danger.

More than one person or entity may share responsibility for the same injury.

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NEGLIGENCE

California law generally requires people and businesses to use reasonable care in managing their conduct and property.

Negligence may involve:

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• Creating an unreasonable risk of harm

• Failing to correct a dangerous condition

• Failing to warn others about a known danger

• Failing to inspect property or equipment

• Violating a safety rule or statute

• Hiring an unqualified or dangerous employee

• Failing to properly train or supervise employees

• Entrusting a vehicle, animal, or dangerous instrument to an unsafe person

• Failing to provide reasonable security

• Ignoring prior accidents, complaints, threats, or warning signs

• Failing to take reasonable action after learning that someone is in danger

 

The existence and scope of a legal duty depend on the relationship between the parties, the foreseeability of harm, the defendant’s control over the danger, applicable statutes, and the particular circumstances.

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SLIP-AND-FALL AND TRIP-AND-FALL CASES

Property owners, businesses, landlords, tenants, contractors, and other persons who control property may be responsible when an unsafe condition causes an injury. Potentially dangerous conditions include:

• Spilled liquids

• Wet or recently cleaned floors

• Food, merchandise, or debris in walkways

• Uneven flooring

• Broken pavement

• Potholes

• Defective sidewalks

• Unmarked steps or elevation changes

• Loose carpeting or floor mats

• Broken stairs

• Missing or defective handrails

• Poor lighting

• Exposed cords

• Construction hazards

• Falling merchandise

• Unsecured shelving

• Dangerous parking lots

• Defective elevators or escalators

• Inadequate warnings or barricades

• Ice, oil, grease, or other slippery substances

• Conditions that violate applicable building or safety codes

 

A fall does not automatically establish that the property owner was negligent. Relevant questions may include:

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• Who owned, occupied, leased, maintained, or controlled the property?

• What caused the fall?

• How long did the condition exist?

• Who created the condition?

• Did the defendant know about the danger?

• Should a reasonable inspection have discovered it?

• Were there earlier complaints or incidents?

• Did the defendant provide an adequate warning?

• Was the area properly inspected and maintained?

• Did surveillance footage capture the incident or the condition?

 

Businesses frequently argue that the dangerous condition appeared only moments before the fall. Inspection records, video, employee testimony, photographs, cleaning logs, incident reports, and prior complaints may show otherwise.

 

PREMISES LIABILITY

Premises liability is broader than slip-and-fall litigation. It may involve any unreasonable property-related danger that causes injury. Examples include:

• Negligent security

• Assaults in poorly secured buildings or parking areas

• Broken gates, doors, or locks

• Inadequate lighting

• Swimming-pool accidents

• Balcony or railing failures

• Falling objects

• Defective stairs

• Fires caused by unsafe property conditions

• Dangerous construction areas

• Elevator and escalator injuries

• Exposure to hazardous substances

• Injuries in stores, restaurants, hotels, apartment buildings, schools, offices, or entertainment venues

• Failure to protect tenants or customers from foreseeable criminal activity

 

The responsible party may be a property owner, management company, commercial tenant, maintenance contractor, security provider, construction company, public entity, or another person exercising control over the premises. Ownership alone does not decide liability. The investigation should identify who had the authority and practical ability to inspect, maintain, repair, secure, or warn about the dangerous condition.

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TRAUMATIC BRAIN INJURIES AND CONCUSSIONS

A traumatic brain injury, or TBI, can result from a blow, impact, jolt, rapid movement, penetration, or other trauma affecting the brain. TBIs may occur in:

• Falls

• Vehicle collisions

• Pedestrian and bicycle incidents

• Physical assaults

• Sports and recreational activities

• School incidents

• Workplace accidents

• Construction incidents

• Falling-object incidents

• Explosions

• Near-drowning events

• Incidents involving oxygen deprivation

 

A person does not necessarily need to lose consciousness to sustain a concussion or other brain injury. Possible symptoms may include:

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• Headaches

• Dizziness

• Nausea

• Balance problems

• Sensitivity to light or sound

• Blurred or altered vision

• Fatigue

• Memory problems

• Difficulty concentrating

• Slowed thinking

• Confusion

• Changes in mood or personality

• Irritability

• Anxiety or depression

• Sleep disturbances

• Difficulty performing work or school activities

• Problems with speech, coordination, or executive functioning

 

Some symptoms may not become apparent until hours or days after the incident. Family members, coworkers, and friends may notice behavioral or cognitive changes before the injured person recognizes them. A normal initial scan does not necessarily exclude a concussion or every form of brain injury. Medical diagnosis and treatment should be provided by qualified health care professionals. Emergency medical attention should be obtained for serious warning signs such as worsening headache, repeated vomiting, seizure, increasing confusion, weakness, slurred speech, unequal pupils, unusual behavior, inability to awaken, or loss of consciousness.

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DOCUMENTING A TRAUMATIC BRAIN INJURY

Brain injuries may be difficult to demonstrate because the injured person can appear physically normal while experiencing significant cognitive, emotional, or functional impairment. Important evidence may include:

• Emergency-room records

• Neurology records

• Imaging studies

• Neuropsychological testing

• Cognitive and speech evaluations

• Physical and occupational therapy records

• Mental-health treatment records

• School records

• Employment records

• Testimony from family members, friends, teachers, and coworkers

• Personal journals documenting symptoms

• Records of missed work or school

• Evidence of reduced performance

• Photographs and videos showing changes in functioning

• Evidence concerning future medical and rehabilitation needs

 

A person recovering from a brain injury should document how symptoms affect memory, concentration, work, education, relationships, sleep, mobility, independence, and daily activities.

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DOG BITES AND ANIMAL ATTACKS

Dog bites can cause puncture wounds, nerve damage, fractures, infection, disfigurement, scarring, emotional trauma, and permanent disability. Under California law, a dog owner may generally be held responsible when the dog bites a person who was:

• In a public place; or

• Lawfully present on private property.

 

Liability may exist even when the dog had not previously bitten anyone and the owner claims not to have known that the dog was dangerous. Dog-bite and animal-attack cases may involve:

• Bites

• Mauling incidents

• Dogs knocking a person to the ground

• Dogs chasing pedestrians or bicyclists

• Attacks on children

• Attacks by several dogs

• Failure to secure a dog

• Broken gates, fences, or leashes

• Violation of animal-control orders

• Failure to warn visitors about a dangerous animal

• Landlords who knowingly permit a dangerous condition to continue

• Caregivers or businesses that negligently handle or control an animal

 

Claims arising from a non-bite attack may depend on negligence, knowledge of the animal’s behavior, control over the animal, and the circumstances of the incident.

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WHAT SHOULD BE DONE AFTER A DOG BITE?

When circumstances permit:

• Obtain medical treatment

• Photograph the injuries before and after treatment

• Identify the dog and its owner

• Obtain the address where the dog is kept

• Identify witnesses

• Report the incident to animal control

• Preserve damaged or bloodstained clothing

• Request information concerning vaccinations

• Document earlier aggressive behavior

• Preserve video or photographs of the dog and property

• Avoid signing a release presented by an insurer

 

Scarring may change substantially during healing. Injuries should be photographed periodically to document their progression. Children may experience fear, nightmares, anxiety, or other emotional effects even after their physical wounds begin to heal.

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ASSAULT, BATTERY, AND INTENTIONAL MISCONDUCT

A person injured by deliberate misconduct may have a civil claim even when no criminal charges are filed. Claims may arise from:

• Physical assaults

• Threats of immediate violence

• Sexual assault or battery

• Unwanted physical contact

• Hazing

• Workplace violence

• School violence

• Attacks by security personnel

• Violence at a business or entertainment venue

• Retaliatory or intimidation-based conduct

 

A business, school, property owner, employer, or other entity may also bear responsibility when negligent hiring, supervision, security, or retention contributed to the incident.

 

A criminal conviction is not required to pursue a civil claim. Criminal and civil cases involve different procedures, purposes, and standards of proof.

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DEFAMATION

Defamation involves a false and unprivileged statement of fact communicated to someone other than the person being discussed, causing legally recognized harm. California recognizes two general forms of defamation:

• Libel, which generally involves written, printed, pictured, recorded, or similarly fixed communications; and

• Slander, which generally involves spoken statements.

 

Defamatory statements may include false accusations that a person:

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• Committed a crime

• Engaged in professional misconduct

• Is dishonest or fraudulent

• Is unqualified to perform a profession or trade

• Engaged in sexual misconduct

• Abused or endangered another person

• Committed workplace misconduct

• Stole money or property

• Engaged in conduct that tends to damage the person’s business, employment, or reputation

 

A negative, insulting, or offensive statement is not automatically defamatory. Important issues may include:

• Whether the statement asserted a provably false fact

• Whether the statement was substantially true

• Whether it was presented as fact or protected opinion

• Who made the statement

• Who received it

• Whether the speaker acted negligently or with actual malice

• Whether the person discussed was a public official or public figure

• Whether the statement was protected by a legal privilege

• Whether the statement caused reputational, professional, emotional, or financial harm

 

Statements made in certain court, legislative, governmental, employment, or privileged settings may receive absolute or conditional protection. Defamation cases may also implicate California’s anti-SLAPP statute. An unsuccessful claim involving protected speech or petitioning activity may expose the plaintiff to an early dismissal motion and an award of attorney’s fees. Defamation claims should therefore be evaluated carefully before filing.

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EVIDENCE IN A DEFAMATION CASE

Important evidence may include:

• Emails

• Text messages

• Social-media posts

• Online reviews

• Letters

• Audio or video recordings

• Screenshots showing the full context

• Website publications

• Workplace communications

• Witness testimony

• Evidence identifying anonymous speakers

• Employment or business records

• Evidence of lost clients, customers, income, or opportunities

• Communications from people who received the statement

• Retractions or refusals to correct the statement

 

Screenshots should show the date, account name, internet address, surrounding discussion, and full statement when possible. Online content may be edited or deleted. Prompt preservation can be critical.

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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Intentional infliction of emotional distress, often abbreviated as IIED, may arise when a defendant engages in extreme and outrageous conduct with the intent to cause emotional distress or with reckless disregard of the probability that severe emotional distress will result. The claim generally requires:

• Extreme and outrageous conduct

• Intent to cause emotional distress or reckless disregard of the probability of causing it

• Severe emotional distress

• A causal connection between the conduct and the distress

 

The legal standard is demanding. Ordinary insults, disagreements, annoyances, unfair treatment, or insensitive behavior generally do not establish IIED by themselves. Potentially actionable conduct may include:

• Serious threats

• Repeated harassment or intimidation

• Sexual assault or abuse

• Exploitation of a known vulnerability

• Abuse of authority

• Deliberate humiliation

• Retaliatory campaigns

• Fabrication of grave accusations

• Concealment of severe misconduct

• Conduct intended to terrorize or emotionally destroy another person

• Repeated conduct that becomes extreme when viewed as a whole

 

Whether conduct is sufficiently outrageous depends on its context, duration, severity, the parties’ relationship, the defendant’s authority, and whether the defendant knew the plaintiff was particularly vulnerable.

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NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

California generally treats negligent infliction of emotional distress as a form of negligence rather than an entirely separate tort. Emotional-distress damages may be recoverable when:

• The defendant owed the plaintiff a duty of care

• The defendant breached that duty

• The breach caused serious emotional harm

• The requirements for direct-victim or bystander recovery are satisfied

 

A bystander claim may arise in limited circumstances when a person closely related to an injury victim is present at the scene, contemporaneously understands that the event is injuring the victim, and suffers serious emotional distress beyond what would ordinarily be expected from a disinterested witness. These claims are highly fact-specific.

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SCHOOL BULLYING AND STUDENT-SAFETY FAILURES

Schools should provide students with a reasonably safe educational environment. Public and private schools may have different legal duties, defenses, procedures, and sources of liability. Bullying may include:

• Physical assault

• Threats

• Harassment

• Intimidation

• Cyberbullying

• Sexual harassment

• Disability-based harassment

• Racial or religious harassment

• Anti-LGBTQ+ harassment

• Extortion or theft

• Hazing

• Social exclusion combined with threats or targeted abuse

• Distribution of humiliating photographs or recordings

• Repeated verbal abuse

• Retaliation against a student who reports misconduct

 

A school is not automatically liable every time one student mistreats another. Liability may depend on whether school personnel knew or should have known about the danger and failed to take reasonable protective or supervisory measures. Relevant issues may include:

• Prior complaints about the aggressor

• Earlier threats or assaults

• Reports made by the student or parents

• Whether teachers witnessed the conduct

• Whether the school followed its own policies

• Whether the school investigated

• Whether the school separated the students

• Whether the response was reasonably calculated to stop the conduct

• Whether staff retaliated against the reporting student

• Whether the school blamed or disciplined the victim

• Whether the bullying was based on a protected characteristic

• Whether inadequate supervision allowed the incident to occur

• Whether the student had an individualized education program or Section 504 plan

• Whether the school ignored known mental-health or suicide risks

• Whether cyberbullying substantially affected the student’s educational environment

 

California public schools generally must maintain policies and procedures addressing discrimination, harassment, intimidation, and bullying. School personnel who witness specified discriminatory bullying are generally required to intervene when safe to do so.

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NEGLIGENT SCHOOL SUPERVISION

California school personnel generally have a duty to exercise reasonable care in supervising students in their charge. Negligent-supervision claims may involve:

• Leaving students unsupervised

• Inadequate staffing

• Failure to monitor known problem areas

• Failure to enforce safety rules

• Failure to respond to repeated bullying reports

• Allowing a dangerous student continued unsupervised access to a victim

• Failure to supervise locker rooms, playgrounds, hallways, buses, or athletic activities

• Failure to respond to threats

• Failure to investigate reported weapons

• Failure to provide appropriate disability-related supervision

• Failure to follow a student safety plan

• Ineffective supervision that permits foreseeable harm

 

Schools are not insurers of every student’s safety. The question is generally whether school personnel exercised the degree of care that a reasonably prudent person charged with comparable duties would have exercised under the circumstances.

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BULLYING BASED ON A PROTECTED CHARACTERISTIC

Additional state or federal claims may be available when bullying or harassment is based on:

• Race or ethnicity

• National origin

• Religion

• Sex

• Sexual orientation

• Gender identity or expression

• Disability

• Immigration status

• Another legally protected characteristic

 

Depending on the circumstances, claims may involve:

• California education laws

• Title IX

• Title VI

• Section 504 of the Rehabilitation Act

• The Americans with Disabilities Act

• Federal civil-rights statutes

• Constitutional protections

• Negligence or negligent supervision

 

The available claim may depend on whether the school received actual or constructive notice, the severity and persistence of the misconduct, the school’s response, the effect on the student’s education, and whether the school acted with the level of fault required by the applicable statute.

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WHAT SHOULD FAMILIES PRESERVE IN A SCHOOL-BULLYING CASE?

Families should preserve:

• Emails to teachers and administrators

• Text messages

• Social-media posts

• Photographs and videos

• Screenshots of cyberbullying

• School incident reports

• Discipline records available to the family

• Witness names

• Medical and counseling records

• Attendance records

• Grade reports

• IEP or Section 504 documents

• Safety plans

• Student handbooks and bullying policies

• Notes from meetings with school personnel

• Police reports

• Evidence of earlier incidents

• Records of transfers, absences, or educational disruption

• Evidence of retaliation

 

Parents should create a dated chronology identifying each incident, report, witness, school response, and resulting harm.

Communications with the school should be clear, factual, and in writing whenever possible.

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NEGLIGENT HIRING, SUPERVISION, AND RETENTION

Businesses, schools, care facilities, property owners, and other organizations may be responsible when they place an unfit or dangerous person in a position to harm others. Potential claims may arise when an organization:

• Fails to perform an appropriate background check

• Ignores prior complaints

• Retains an employee after learning of dangerous conduct

• Fails to investigate misconduct

• Provides inadequate training

• Fails to supervise employees

• Allows an employee to violate safety policies

• Ignores signs of violence, harassment, or abuse

• Gives an employee unsupervised access to vulnerable persons

• Conceals earlier incidents

• Transfers a dangerous employee instead of addressing misconduct

 

Relevant evidence may include personnel records, prior complaints, training materials, disciplinary records, internal investigations, performance evaluations, licensing records, and testimony from former employees.

 

WHO MAY BE HELD RESPONSIBLE?

Depending on the circumstances, responsible parties may include:

• Individuals

• Property owners

• Commercial tenants

• Landlords

• Property-management companies

• Retail stores

• Restaurants

• Hotels

• Apartment complexes

• Security companies

• Maintenance contractors

• Construction companies

• Employers

• Schools and school districts

• Charter schools

• Private schools

• Coaches and youth organizations

• Drivers and vehicle owners

• Transportation companies

• Dog owners and animal handlers

• Product manufacturers

• Cities, counties, and other public entities

• Insurance carriers when direct claims are authorized

 

The person who immediately caused the injury may not be the only responsible party. Corporate policies, inadequate supervision, defective property, negligent security, or management decisions may have contributed to the harm.

 

COMPARATIVE RESPONSIBILITY

California generally follows comparative-fault principles. An injured person may still recover compensation even when the defendant argues that the injured person was partially responsible. Any award may be reduced according to the percentage of responsibility assigned to the injured person. Defendants and insurers frequently attempt to shift blame by claiming that the injured person:

• Failed to watch where they were walking

• Ignored a warning

• Provoked an animal

• Failed to seek treatment immediately

• Contributed to a collision

• Did not follow a school rule

• Escalated a confrontation

• Failed to reduce or mitigate damages

 

These arguments should be evaluated against the evidence rather than accepted at face value.

 

WHAT COMPENSATION MAY BE AVAILABLE?

The available recovery depends on the nature of the misconduct, the injuries, the evidence, the responsible parties, and the applicable law. Potential economic damages may include:

• Emergency medical expenses

• Hospital expenses

• Surgery

• Physician and specialist treatment

• Medication

• Physical therapy

• Occupational therapy

• Speech and cognitive therapy

• Mental-health treatment

• Future medical care

• Rehabilitation

• Assistive devices

• In-home care

• Lost wages

• Lost employment benefits

• Reduced earning capacity

• Property damage

• Relocation expenses

• Other reasonable out-of-pocket losses

 

Potential noneconomic damages may include:

• Physical pain

• Mental suffering

• Emotional distress

• Anxiety

• Humiliation

• Loss of enjoyment of life

• Disability

• Disfigurement

• Scarring

• Inconvenience

• Loss of independence

• Damage to reputation when legally recoverable

 

Punitive damages may be available against certain defendants when the evidence establishes oppression, fraud, or malice under California law. Punitive damages are generally not recoverable against public entities. Attorney’s fees are not ordinarily recoverable in every personal-injury action, but they may be available under a contract, statute, civil-rights law, anti-SLAPP provision, or another recognized basis.

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WHAT SHOULD AN INJURED PERSON DO?

When circumstances permit:

• Seek appropriate medical treatment

• Follow medical instructions

• Photograph injuries

• Photograph the scene and dangerous condition

• Identify witnesses

• Preserve clothing and physical evidence

• Save videos, messages, emails, and social-media posts

• Obtain incident or police reports

• Preserve receipts and medical bills

• Document missed work or school

• Keep a record of symptoms and limitations

• Avoid altering original photographs or recordings

• Avoid posting detailed information about the incident online

• Avoid signing a release without understanding its effect

• Avoid providing a recorded statement to an adverse insurer without legal advice

 

A person should not delay necessary medical care merely to gather evidence.

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SURVEILLANCE FOOTAGE AND OTHER EVIDENCE

Video evidence may be overwritten within days or weeks. Potential evidence may include:

• Store surveillance footage

• Apartment security footage

• School video

• Doorbell-camera footage

• Traffic-camera footage

• Vehicle cameras

• Body-camera footage

• Rideshare recordings

• Cellphone video

• Photographs

• Inspection records

• Cleaning logs

• Repair records

• Incident reports

• Employee schedules

• Prior complaints

• Social-media content

• Electronic access records

• Medical records

 

Prompt written preservation demands may be necessary to prevent destruction or loss of evidence.

 

DEALING WITH INSURANCE COMPANIES

An insurance representative may contact an injured person shortly after an incident. The representative may request:

• A recorded statement

• A broad medical authorization

• Access to prior medical records

• Photographs

• Employment information

• A signed release

• An early settlement

 

The insurer’s interests are not necessarily the same as the injured person’s interests. An early settlement may not account for:

• Future treatment

• Delayed symptoms

• Permanent impairment

• Lost earning capacity

• Scarring

• Psychological harm

• Additional responsible parties

• Available excess insurance

• Claims against a business or public entity

 

Once a claim is fully released, the injured person may be unable to obtain additional compensation even if the condition later worsens.

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HOW LONG DOES AN INJURED PERSON HAVE TO FILE?

California generally provides a two-year limitations period for an action involving personal injury caused by another person’s wrongful act or neglect. That general rule does not apply to every claim. Important exceptions include:

• Defamation claims, which are generally subject to a one-year limitations period

• Claims against government entities, which may require presentation of a written government claim within six months

• Medical-negligence claims, which are governed by specialized deadlines

• Childhood sexual-assault claims, which are governed by specialized statutes

• Claims involving minors

• Claims involving delayed discovery

• Claims arising from exposure to hazardous substances

• Claims governed by contracts or arbitration agreements

• Claims subject to federal statutes

 

After a public entity properly rejects a government claim in writing, a separate and relatively short deadline may govern the filing of a lawsuit. A school district is generally a public entity. Claims involving public schools, public property, public transportation, or government employees should be evaluated immediately. An internal investigation, insurance claim, school complaint, criminal proceeding, or settlement discussion does not necessarily extend the civil filing deadline.

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CLAIMS INVOLVING CHILDREN

Children may have personal-injury claims arising from:

• School bullying

• Negligent supervision

• Playground incidents

• Sports injuries

• Dog bites

• Vehicle collisions

• Unsafe property

• Assault

• Defective products

• Sexual abuse

• Daycare negligence

• Youth-program misconduct

 

Special rules may affect limitation periods, settlement approval, guardians ad litem, blocked accounts, annuities, and court approval of a minor’s compromise. The rules concerning claims against public entities may still require prompt action even when the injured person is a minor. Families should not assume that every deadline is automatically extended until the child becomes an adult.

 

FREQUENTLY ASKED QUESTIONS

Do I have a case simply because I was injured on someone else’s property?

Not necessarily. The evidence must generally connect the injury to an unsafe condition, unreasonable conduct, inadequate warning, negligent maintenance, or another legally recognized basis for liability.

 

What if no one saw me fall?

A claim may still be established through photographs, video, medical evidence, incident reports, the condition of the property, employee testimony, and the injured person’s own testimony.

 

What if the dangerous condition was cleaned up immediately?

The condition may still be established through witnesses, surveillance footage, photographs, cleaning records, employee communications, or admissions in an incident report.

 

What if I did not go to the hospital immediately?

A delay does not automatically eliminate a claim. Insurers may nevertheless argue that the delay shows the injury was minor or caused by something else. The reason for the delay and the medical evidence should be documented.

 

Can I bring a claim if I had a preexisting condition?

Potentially. A defendant generally takes the injured person as found and may be responsible for aggravating a preexisting condition. Compensation is ordinarily limited to the harm caused or worsened by the incident.

 

Can I recover if I was partially responsible? Potentially. California’s comparative-fault system generally permits recovery reduced by the injured person’s percentage of responsibility.

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Does a dog need to have bitten someone before?

Not necessarily. California’s dog-bite statute generally does not require proof that the dog previously bit someone or that the owner knew the dog was vicious.

 

Can I sue for statements posted online?

Potentially. Online statements may constitute libel when they contain false and unprivileged assertions of fact that cause legally recognized harm. Truth, opinion, privilege, public-figure rules, and anti-SLAPP protections must be evaluated.

 

Is offensive speech automatically defamation?

No. Defamation generally requires a false assertion of fact rather than mere opinion, exaggeration, insult, or rhetorical criticism.

 

Is emotional distress by itself enough for an IIED claim?

Not necessarily. The plaintiff must generally establish extreme and outrageous conduct, the required intent or recklessness, severe emotional distress, and causation.

 

Can a school be sued because another student bullied my child?

Potentially, but liability is not automatic. The claim may depend on notice, foreseeability, supervision, the school’s response, the nature of the bullying, resulting harm, and the statutes involved.

 

What if the school says it investigated and found no bullying?

The school’s conclusion does not necessarily control a civil claim. Emails, witness statements, video, social-media evidence, earlier complaints, discipline records, and the adequacy of the investigation may be independently examined.

 

Can a case proceed without criminal charges?

Yes. A civil claim may proceed even when police do not make an arrest or prosecutors decline to file criminal charges.

 

What if an insurer has already offered money?

An offer may be accepted or rejected, but the full extent of the injury, future treatment, available coverage, and possible claims against other parties should be understood before a release is signed.

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HOW THE WESTMORELAND LAW FIRM CAN HELP

Personal-injury matters require prompt investigation, evidence preservation, careful damage analysis, and a willingness to challenge insurers, corporations, schools, property owners, and public entities.

 

The Westmoreland Law Firm can:

• Investigate the incident

• Identify all responsible individuals and entities

• Preserve video, electronic data, and physical evidence

• Obtain incident reports, medical records, school records, and public records

• Photograph and document dangerous conditions

• Interview witnesses

• Analyze property ownership, maintenance, and control

• Investigate prior incidents and complaints

• Evaluate traumatic brain injuries and future-care needs

• Analyze dog ownership, control, and prior behavior

• Evaluate negligent hiring, supervision, and retention

• Investigate school-bullying and student-safety failures

• Analyze defamation, privilege, and anti-SLAPP issues

• Prepare and present government claims

• Identify available insurance coverage

• Calculate economic and noneconomic losses

• Retain appropriate medical, engineering, safety, vocational, economic, or other experts

• Address attempts to improperly shift blame

• Pursue compensatory, punitive, statutory, injunctive, and other available relief

• Prepare the case for negotiation, mediation, arbitration, or trial

 

We evaluate the complete effect of an injury rather than focusing only on the initial medical bill or immediate physical symptoms. The goal is to establish what occurred, how it affected the injured person, and what compensation and accountability the law permits.

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This page provides general information concerning California law and is not legal advice. Reading this page does not create an attorney-client relationship. Liability, filing deadlines, government-claim requirements, privileges, defenses, damages, and available remedies depend on the specific circumstances of each matter.