● Resource Center · Substantive California law

Legal Topics Law in California.

Comparative fault, damages, insurance, liability doctrines, products liability, and the legal principles that shape every personal injury case.

Foundation

Pure Comparative Fault

California's pure comparative fault system, CACI 405, Proposition 51, joint and several liability, settlement credits, and defense counters.

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Foundation

Economic Damages

Past and future medicals (Howell v. Hamilton Meats), lost earnings, household services, life-care plans, and expert economists.

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Foundation

Non-Economic Damages

Pain and suffering, emotional distress, loss of consortium, disfigurement. No cap in personal injury outside MICRA.

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Coverage disputes

Insurance Bad Faith

Duty to settle, Cumis counsel, extracontractual damages, and the Brandt fees for bad-faith coverage denials.

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Defective products

Products Liability

Strict liability under Greenman, manufacturing vs. design defects, consumer-expectation and risk-utility tests, failure to warn.

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Enhanced recovery

Punitive Damages

Civil Code 3294 standard: malice, oppression, fraud. DUI and repeat-offender contexts. Clear-and-convincing evidence burden.

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Foundation

Duty of Care

The Rowland factors, general duty under CC 1714, special relationships, and when a defendant owes no duty at all.

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Respondeat superior

Vicarious Liability

Employer liability for employee acts, scope of employment, the going-and-coming rule, and exceptions that expand liability.

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Vehicle owner liability

Negligent Entrustment

Lending a vehicle to an incompetent driver, knowledge of unfitness, and the relationship to permissive use statutes.

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Hirer liability

Independent Contractors

Peculiar risk doctrine, retained control, Privette and its progeny, and when a hirer is liable for contractor injuries.

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Good Samaritan liability

Negligent Undertaking

When voluntarily assuming a duty creates liability. Restatement 323-324A, increased risk, and detrimental reliance.

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Defense doctrine

Assumption of Risk

Primary vs. secondary assumption of risk, Knight v. Jewett, sports and recreation contexts, and waivers of liability.

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Policy basics

Insurance Coverage

Auto liability, UM/UIM, MedPay, homeowner policies, commercial general liability, excess and umbrella layers.

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UM/UIM claims

Uninsured / Underinsured Motorists

UM/UIM coverage triggers, stacking, arbitration procedures, and coordinating with liability claims.

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Coverage investigation

Opening the Insurance Policy

How to identify all available policies, tender the claim, and navigate reservation-of-rights letters.

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Lien recovery

Subrogation

Health insurer subrogation rights, ERISA preemption, made-whole doctrine, and common fund reduction.

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Vehicle & belongings

Property Damages

Diminished value, loss of use, total loss vs. repair, personal property inside the vehicle, and rental car reimbursement.

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Evidence & experts

Proving Damages

Medical bills, expert testimony, day-in-the-life videos, demonstratives, and the standard for proving future damages.

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Future medical needs

Life Care Plans

Life care planning methodology, selecting a qualified planner, present-value calculations, and defense challenges.

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Spousal claims

Loss of Consortium

Standing requirements, what constitutes loss of consortium, independent cause of action, and damages.

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Insurance benefit protection

Collateral Source Rule

Howell v. Hamilton Meats, Hanif, and the evolving California law on what medical damages a plaintiff can claim.

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