Theories of Liability

Liability may be imposed for providing alcoholic beverages. According to CC §1714, an individual who supplies alcoholic beverages to a person may be held liable for injuries sustained by the person or a third party as a proximate result of the alcohol. Liability is imposed on individuals who are responsible for injuries caused by negligent conduct. In order for liability to be imposed, there needs to be a showing that the defendant owed the injured party a duty of due care. For example, a bartender does not have a duty to respond to an inebriated customer unless there is a special relationship present.

There are instances of statutory immunity from civil liability. Immunity may protect both social hosts of alcohol and persons in business of selling alcoholic beverages. However, the statutes do not relieve an ordinary duty of care. Exceptions of immunity may arise if alcohol is provided to an "obviously intoxicated minor" and the provider is held liable.

Liability may also be imposed for injuries as a result of Illegal Drug Dealing. According to the Drug Dealer Liability Act (Health and Safety Code§11700), a person that was directly or indirectly injured by illegal drugs may sue a person knowingly selling drugs in the market. Plaintiffs may include family members of the injured party as well. Liability to the defendant ranges from 25% to 100% of the injuries. The plaintiff must display the evidence by clear and convincing evidence in order to impose liability on the defendant.

Liability may arise by an Omission to Act. A duty may created from a special relationship that may create liability according to the circumstances. Commonly, an individual that has not created a peril is under no duty to affirmatively act by preventing harm to the other party. In California, there is no Good Samaritan law that is enforceable. The liability is imposed only when a special relationship is created. For example, a special relationship is found between a medical professional and patient, school district and students, and a law enforcement agencies and the public.

We Will Get You The Money You Deserve!

Choose an Experienced Personal Injury Lawyer

If you, a family member or friend has suffered a personal injury because of the neglect of another, contact us immediately to discuss your case.  We will guide you throughout the legal process and get you the money you deserve -- using all the skills from our years of personal injury law practice.  Give us a call today for a Free Consultation. We are on your side. We will help you.