Los Angeles Negligence Attorney
Negligence is a common legal claim in California that arises when a person or business fails to exercise reasonable care and causes harm to another party. While negligence claims are often associated with personal injury cases, they also frequently arise in business disputes and real estate transactions. In these contexts, negligence may involve professionals, property managers, brokers, contractors, or business partners who fail to meet their legal duties.
Case Results
$3.4M Recovered
Business Litigation
Assisted in recovery ofthe balance of the purchase price for the sale of a business
$2.7M Verdict
Business Litigation
Assisted in obtaining jury verdict for breach of contract and conversion of business ownership, jury verdict only $25k less than requested
$342k Judgement
Business Litigation
For fraudulent inducement of loans, breach of contract, and defamation in false online posts and reviews
$317k Judgement
Business Litigation
For two brothers and their international business after proving fraud, breach of contract, and defamation by a serial fraudster, despite delays, false accusations, and a last-minute bankruptcy filing
Judgement
Business Litigation
For an elderly landlord and trust, defeating all claims by evicted tenants who tried to misuse COVID as an excuse for nonpayment
$385k Judgement
Business Litigation
For a textile manufacturer in a contract dispute, despite a cross-complaint from the wholesaler
$657k Judgement
Business Litigation
Against a real estate agent who misappropriated client funds, using forensic accounting to prove full fraud and conversion.
$398k Judgement
Business Litigation
By enforcing a promissory note, recovering 100% of damages plus interest
$125k Judgement
Business Litigation
Helped obtain a default judgment against an attorney for unpaid loan balance and battery, after securing terminating sanctions for discovery violations
Disclaimer: Illustrative examples of case types and outcomes. Attorneys cannot guarantee outcomes. Results are case-specific and depend on the true facts of the case. More information here.
What is Negligence in Los Angeles, California
In California, negligence occurs when a person or business fails to act with the level of care that a reasonably prudent person would exercise under similar circumstances. When this failure causes harm, the injured party may bring a negligence claim to recover damages.
In the context of business litigation and real estate disputes, negligence typically involves financial losses, property damage, or failed transactions caused by careless actions or professional mistakes.
How Does Negligence Fit Into Business or Real Estate Disputes?
Negligence fits in two possible ways when dealing with business or real estate matters. There are typically many professionals involved, such as attorneys, escrow officers, and real estate agents or brokers. All professionals owe a duty to exercise reasonable care, and that duty is breached when their conduct falls below the standard level of care owed. In other words, you want those professionals to “do a good job” in a way that is comparable to any other professional under similar circumstances. But mistakes happen, and that is a common scenario when negligence comes into play.
Negligence also comes in against the other parties involved in the transaction or third parties. Almost any business tort may be the basis of a negligence claim, such as intentional misrepresentation, fraud, concealment, conversion, breach of fiduciary duties, or claims against third parties, such as inducing breach of contract, intentional interference with prospective economic advantage, or intentional interference with contractual relations. The distinction is that the other party or third party may not have acted intentionally to commit these identified torts, but instead, made an inadvertent mistake, or was merely careless. In other words, they may not have intentionally committed fraud or interfered with your contract, but what they did do was “an accident” and therefore, likely negligent.
How Do You Prove Negligence in California
A claim for negligence requires showing:
1. A legal duty to use exercise due care;
2. A breach of that duty; and
3. Resulting damages.
Examples of Negligence in California
A claim for negligence may arise in various ways, such as:
- In business transactions or deals where a party mistakenly forgot to disclose material facts, such as updated financial records or statements
- In real estate deals where a broker forgot to disclose a material property defect or mishandled documents related to the transaction, or an escrow officer or agent accidentally mishandled funds, such as sending too much or too little to a particular party
Damages for Negligence in California
The damages recoverable from a claim for negligence in California can include:
- Economic damages, such as lost profits, repair costs, or losses from the transaction
- General damages for intangible losses, such as harm to a business’ reputation or good will
- Other damages directly caused by the negligence, such as property damages
- Consequential damages for losses that naturally occurred as a result of the negligence
Common Defenses to Negligence Claims in California
Defendants in California negligence claims may raise several legal defenses, including:
- No duty of care was owed by the defendant to the plaintiff
- Lack of causation of the plaintiff’s damages were caused by something other than the defendant’s conduct
- Comparative negligence if the plaintiff’s own negligence contributed to the plaintiff’s damages, to proportionally reduce the defendant’s own liability
- Lack of actual damages
Why You Need an Experienced Los Angeles Lawyer for Negligence
Business dealings and real estate transactions often involve large financial stakes and multiple professionals. When someone fails to act with reasonable care, the consequences can be significant.
Negligence claims in California business and real estate disputes provide a legal pathway for recovering financial losses caused by careless conduct. These claims help ensure that professionals and business partners are held accountable for failing to meet reasonable standards of care.
An experienced Los Angeles business litigation attorney can help evaluate the facts, determine whether negligent conduct occurred, and pursue aggressive litigation for any resulting harm.
Los Angeles Business Litigation Lawyer Reviews
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“We have retained Hee and Litigation, P.C. Law Firm for all of our business legal needs for over four years, and we cannot recommend them highly enough.
Hee is not only knowledgeable and experienced but also incredibly thorough and detail-oriented. He meticulously reviewed all aspects of our business legal challenges, identifying potential issues and opportunities that we had not considered.
His strategic approach and ability to think several steps ahead gave us a tremendous sense of confidence and security throughout the entire process, especially the trial.
During the trial, he was fully prepared every single day, explaining his thought process to us about why he was asking or not asking certain questions to all the witnesses, raising timely objections with majority of them being sustained by the Judge…At the end of the day he wanted to make sure that we put all of our ammo on the table and we were able to successfully do that.
Hee also communicates very clearly and has been patient in explaining legal jargon and complex concepts in a way that was easy to understand, ensuring that we were well-informed and comfortable with every decision we made.
If you are looking for a lawyer who will provide exceptional legal counsel and support, we highly recommend Hee and Litigation, P.C. Law Firm.”
S. A. (Business, Fraud)
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“Working with Hee Kim and Litigation, PC has been an exceptional experience. He consistently keeps me informed on every aspect of my case, providing clear details on costs, pros, and benefits of each option. His dedication to my interests is evident at every step, and he ensures I am fully involved in the process.
Attending court hearings with him is reassuring as he remembers every detail and effectively refutes the other side’s claims. His preparation for depositions is impeccable, always calling out any inconsistencies. His strategic advice on when to take specific actions or make motions has been spot on.
His litigation approach is unmatched, and he is highly aggressive in fighting for his clients. He prioritizes his clients, making each one feel like his only case. I highly recommend Hee and his firm to anyone seeking strong legal representation! “
S. A. (Business, Fraud)
“Hee and his team have been our general counsel for years and have handled insurance, real estate, business and collections matters. They are very easy to work with and have a wide range of expertise that is very helpful. Highly recommend!”
E. A. (Business)
Los Angeles Negligence Attorney FAQs
When does a duty of reasonable care exist?
A duty to act with reasonable care arises when it is imposed by the law, assumed by the defendant, or it exists by virtue of a special relationship between the parties. The existence and scope of duty owed to another is determined by the court using a multitude of factors. As an example, a person generally does not owe a legal duty to protect another person against the conduct of other third parties, unless there is some special relationship between the two parties to trigger that obligation to protect against third parties.
What is a breach of duty of care?
A breach is a failure to meet the standard of care. The basic standard of care is to use reasonable care to prevent harm to another. The breach can happen by failing to act or acting in an unreasonable manner. The person’s conduct is compared to what a reasonably careful person would do or not do in the same situation.
How is the breach of duty of care established?
There are many ways to prove a defendant breached the duty to meet the standard of care at issue. An example is to consider the customs or practices to determine what a reasonable person would have done in the same situation. Or, a person may have followed the customs or practices, but in an unreasonable way.
What is comparative fault in a negligence claim in California?
California law recognizes comparative fault, which means each party is proportionally responsible for their own acts or omissions. A defendant may assert comparative fault as a defense to say that the plaintiff’s own negligence, or acts or omissions, partially or wholly contributed to the plaintiff’s damages, so that the defendant’s liability, if any, is reduced by a proportional amount.