Escondido Tort Lawyers
In Escondido, California, a "tort" is defined as any civil wrong, besides breach of contract, for which the law provides a remedy.
In Escondido, California, a tort is basically any bad thing that one person can do to another, which the law says the victim can sue over. This is called a "cause of action."
In Escondido, California, there are laws and court rulings that recognize scores of different torts. Many of these torts are very obscure, and are almost never litigated. In the modern era, the torts that the average person is most likely to face are fraud, negligence, battery, and intentional infliction of emotional distress.
Types of Torts in Escondido, California
Negligence: In Escondido, California, negligence is the most commonly-litigated tort. It is defined as a failure to act (in any situation) with a reasonable level of care, and causing harm as a result of that carelessness. For example, if a store that's open to the public fails to remove ice from its front entrance, or put up any kind of warning, even though it knows that the ice is there, it is not exercising reasonable care. If someone is injured as a result, the store owner will likely be required to compensate them for their injuries. This is, obviously, just an example.
Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Escondido, California deal with it quite frequently. Put simply, fraud is a lie told for personal gain. It requires an affirmative misrepresentation, which the speaker knows to be false, intended to induce the victim to render some benefit to the speaker, which causes actual harm (such as financial loss) to the victim. It happens most often when somebody is trying to sell something for more than it's worth, and lies about the nature or value of the product to the buyer. If the buyer relies on the seller's false statements of fact in making the decision to buy the product, the seller has committed fraud. In such a case, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.
harmful or offensive, and non-consensual. For example, slapping someone on the face would be a clear case of battery, because that contact is harmful, and probably offensive as well. Unwanted physical conduct, particularly of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Occasionally, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, occasionally, doctors have performed entire operations while the patient was unconscious, which the patient didn't consent to. This is also battery, and can result in a very costly lawsuit for the doctor, though such cases are quite rare.
Intentional infliction of emotional distress: Also known as IIED in Escondido, California, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to prevail in an IIED lawsuit, the plaintiff has to prove that the defendant engaged in some kind of "outrageous" conduct, which was severe enough to "shock the conscience" of a reasonable person. They must also show that the defendant actually intended to cause emotional distress, and did, in fact, cause severe emotional distress. Proving that the plaintiff suffered trauma or distress as a result of the defendant's conduct is not as easy as it may sound, and usually requires the testimony of a psychiatric professional who has examined the plaintiff.
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How Can A Escondido, California Tort Lawyer Help?
If you believe that you've been the victim of a tort in Escondido, California, you have a right to go to court and attempt to prove your case. On the other hand, if you find that you are being sued for a tort, and believe that you aren't liable, you have every right to defend yourself in court.
Whatever your situation, a tort lawyer who has experience in representing people in Escondido, California tort cases can advise you on the best way to proceed, and give you the best chance of winning your case, whatever side you're on.
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Tort Attorneys in the Largest CA Cities
Life in EscondidoEscondido is located in San Diego County, California. The name "Escondido" is a Spanish word meaning "hidden". This is in reference to the city being situated in a valley and bordered by scenic hills. Escondido has a population of about 144,000 and is growing at a rapid rate.
Many major business and companies have their headquarters in Escondido, California. Some of the major employers for Escondido residents include Stone Brewing Company, and the San Diego Zoo Safari Park. Escondido's population growth is supported by the presence of several residential communities, including Hidden Trails and Valley Center.
Escondido, California is an excellent city for leisure and entertainment. The downtown area features a number of cafes, art galleries, and restaurants. During the spring and summer seasons, the city hosts "Crusin' Grand", which is a public automobile show held every Friday. Crusin' Grand features ultra-hip hot rods, historic cars, and live DJ music. Other fun events include the Grape Day Parade and Festival, the Community Wellness Expo, and an Independence Day Celebration.
Lawyers in Escondido assist their clients through a variety of legal services. Escondido, California attorneys also contribute to the community through participation in city planning and development projects. Escondido lawyers are knowledgeable of the various laws and regulations that are unique to the city.