Negligence Claims California

Negligence Claims California

Negligence Claims California

Negligence claims in California can be incredibly complex. It's important to understand the laws and regulations that govern this type of claim before attempting to pursue one. In California, negligence is defined as a failure to exercise reasonable care resulting in harm or injury to another person or property. To successfully pursue a negligence claim, an injured party must prove that the defendant failed to use proper care and that this failure was the legal cause of their harm or loss. This can be difficult to do, so it's important for individuals considering a negligence claim to consult with an experienced attorney who can help them navigate the process and ensure they receive the compensation they deserve.
California
State of California
Nickname
The Golden State[1]
Motto
Anthem: "I Love You, California"
Map of the United States with California highlighted
CountryUnited States
Before statehoodMexican Cession unorganized territory
Admitted to the UnionSeptember 9, 1850; 173 years ago (1850-09-09) (31st)
CapitalSacramento
Largest cityLos Angeles
Largest metro and urban areasGreater Los Angeles
Government
 • GovernorGavin Newsom (D)
 • Lieutenant GovernorEleni Kounalakis (D)
LegislatureState Legislature
 • Upper houseState Senate
 • Lower houseState Assembly
JudiciarySupreme Court of California
U.S. senatorsAlex Padilla (D)
Laphonza Butler (D)
U.S. House delegation (list)
Area
 • Total163,696 sq mi (423,970 km2)
 • Land155,959 sq mi (403,932 km2)
 • Water7,737 sq mi (20,047 km2)  4.7%
 • Rank3rd
Dimensions
 • Length760 mi (1,220 km)
 • Width250 mi (400 km)
Elevation
2,900 ft (880 m)
Highest elevation14,505 ft (4,421.0 m)
Lowest elevation−279 ft (−85.0 m)
Population
 (2023)
 • Total 38,940,231[6]
 • Rank1st
 • Density251.3/sq mi (97/km2)
  • Rank11th
 • Median household income
$78,700[7]
 • Income rank
5th
Demonym(s)Californian
Californio (archaic Spanish)
Californiano (Spanish)
Language
 • Official languageEnglish
 • Spoken language
Time zoneUTC−08:00 (PST)
 • Summer (DST)UTC−07:00 (PDT)
USPS abbreviation
CA
ISO 3166 codeUS-CA
Traditional abbreviationCalif., Cal., Cali.
Latitude32°32′ N to 42° N
Longitude114°8′ W to 124°26′ W
Websitewww.ca.gov

The state's extremely diverse geography ranges from the Pacific Coast and metropolitan areas in the west to the Sierra Nevada mountains in the east, and from the redwood and Douglas fir forests in the northwest to the Mojave Desert in the southeast. Two-thirds of the nation's earthquake risk lies in California.[35] The Central Valley, a fertile agricultural area, dominates the state's center. California is well known for its warm Mediterranean climate along the coast and monsoon seasonal weather inland. The large size of the state results in climates that vary from moist temperate rainforest in the north to arid desert in the interior, as well as snowy alpine in the mountains. Droughts and wildfires are an ongoing issue for the state.[36] Notable contributions to popular culture, ranging from entertainment, sports, music, and fashion, have their origins in California. The state also has made substantial contributions in the fields of communication, information, innovation, education, environmentalism, entertainment, economics, politics, technology, and religion.[22][23][24] California is the home of Hollywood, the oldest and one of the largest film industries in the world, profoundly influencing global entertainment. It is considered the origin of the American film industry, hippie counterculture, beach and car culture, the personal computer, the internet, fast food, diners, burger joints, skateboarding, and the fortune cookie, among other inventions.[25][26][27][28] The San Francisco Bay Area and the Greater Los Angeles Area are widely seen as the centers of the global technology and U.S. film industries, respectively. California's economy is very diverse.[29] California's agricultural industry has the highest output of any U.S. state,[30][31][32] and is led by its dairy, almonds, and grapes.[33] With the busiest ports in the country (Los Angeles and Long Beach), California plays a pivotal role in the global supply chain, hauling in about 40% of all goods imported to the United States.[34] Prior to European colonization, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America, and the indigenous peoples of California constituted the highest Native American population density north of what is now Mexico. European exploration in the 16th and 17th centuries led to the colonization of California by the Spanish Empire. In 1804, it was included in Alta California province within the Viceroyalty of New Spain. The area became a part of Mexico in 1821, following its successful war for independence, but was ceded to the United States in 1848 after the Mexican–American War. The California Gold Rush started in 1848 and led to dramatic social and demographic changes, including the depopulation of indigenous peoples in the California genocide. The western portion of Alta California was then organized and admitted as the 31st state on September 9, 1850, as a free state, following the Compromise of 1850. California's economy is the largest of any state within the United States, with a $3.6 trillion gross state product (GSP) as of 2022.[13] It is the largest sub-national economy in the world. If California were a sovereign nation, it would rank as the world's fifth-largest economy as of 2022,[14][15] behind India and ahead of the United Kingdom, as well as the 37th most populous.[16] The Greater Los Angeles area and the San Francisco area are the nation's second- and fourth-largest urban economies ($1.0 trillion and $0.6 trillion respectively as of 2020).[17] The San Francisco Bay Area Combined Statistical Area had the nation's highest gross domestic product per capita ($106,757) among large primary statistical areas in 2018,[18] and is home to five of the world's ten largest companies by market capitalization[19] and four of the world's ten richest people.[20] Slightly over 84 percent of the state's residents 25 or older hold a high school degree, the lowest high school education rate of all 50 states.[21] The Greater Los Angeles and San Francisco Bay areas in California are the nation's second and fifth-most populous urban regions, respectively. Greater Los Angeles has over 18.7 million residents and the San Francisco Bay Area has over 9.6 million residents.[12] Los Angeles is the state's most populous city and the nation's second-most populous city. San Francisco is the second-most densely populated major city in the country. Los Angeles County is the country's most populous county, and San Bernardino County is the nation's largest county by area. Sacramento is the state's capital. California is a state in the Western United States. With over 38.9 million residents[6] across a total area of approximately 163,696 square miles (423,970 km2),[11] it is the most populous U.S. state, the third-largest U.S. state by area, and the most populated subnational entity in North America. California borders Oregon to the north, Nevada and Arizona to the east, and the Mexican state of Baja California to the south; it has a coastline along the Pacific Ocean to the west.

About California


California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. Historians generally agree that there were at least 300,000 people living in California prior to European colonization. The indigenous peoples of California included more than 70 distinct ethnic groups, inhabiting environments ranging from mountains and deserts to islands and redwood forests. Living in these diverse geographic areas, the indigenous peoples developed complex forms of ecosystem management, including forest gardening to ensure the regular availability of food and medicinal plants. This was a form of sustainable agriculture. To mitigate destructive large wildfires from ravaging the natural environment, indigenous peoples developed a practice of controlled burning. This practice was recognized for its benefits by the California government in 2022. These groups were also diverse in their political organization, with bands, tribes, villages, and, on the resource-rich coasts, large chiefdoms, such as the Chumash, Pomo and Salinan. Trade, intermarriage, craft specialists, and military alliances fostered social and economic relationships between many groups. Although nations would sometimes war, most armed conflicts were between groups of men for vengeance. Acquiring territory was not usually the purpose of these small-scale battles. Men and women generally had different roles in society. Women were often responsible for weaving, harvesting, processing, and preparing food, while men for hunting and other forms of physical labor. Most societies also had roles for people whom the Spanish referred to as joyas, who they saw as "men who dressed as women". Joyas were responsible for death, burial, and mourning rituals, and they performed women's social roles. Indigenous societies had terms such as two-spirit to refer to them. The Chumash referred to them as 'aqi. The early Spanish settlers detested and sought to eliminate them. The first Europeans to explore the coast of California were the members of a Spanish maritime expedition led by Portuguese captain Juan Rodríguez Cabrillo in 1542. Cabrillo was commissioned by Antonio de Mendoza, the Viceroy of New Spain, to lead an expedition up the Pacific coast in search of trade opportunities; they entered San Diego Bay on September 28, 1542, and reached at least as far north as San Miguel Island. Privateer and explorer Francis Drake explored and claimed an undefined portion of the California coast in 1579, landing north of the future city of San Francisco. Sebastián Vizcaíno explored and mapped the coast of California in 1602 for New Spain, putting ashore in Monterey. Despite the on-the-ground explorations of California in the 16th century, Rodríguez's idea of California as an island persisted. Such depictions appeared on many European maps well into the 18th century. The Portolá expedition of 1769–70 was a pivotal event in the Spanish colonization of California, resulting in the establishment of numerous missions, presidios, and pueblos. The military and civil contingent of the expedition was led by Gaspar de Portolá, who traveled over land from Sonora into California, while the religious component was headed by Junípero Serra, who came by sea from Baja California. In 1769, Portolá and Serra established Mission San Diego de Alcalá and the Presidio of San Diego, the first religious and military settlements founded by the Spanish in California. By the end of the expedition in 1770, they would establish the Presidio of Monterey and Mission San Carlos Borromeo de Carmelo on Monterey Bay. After the Portolà expedition, Spanish missionaries led by Father-President Serra set out to establish 21 Spanish missions of California along El Camino Real ("The Royal Road") and along the California coast, 16 sites of which having been chosen during the Portolá expedition. Numerous major cities in California grew out of missions, including San Francisco (Mission San Francisco de Asís), San Diego (Mission San Diego de Alcalá), Ventura (Mission San Buenaventura), or Santa Barbara (Mission Santa Barbara), among others. Juan Bautista de Anza led a similarly important expedition throughout California in 1775–76, which would extend deeper into the interior and north of California. The Anza expedition selected numerous sites for missions, presidios, and pueblos, which subsequently would be established by settlers. Gabriel Moraga, a member of the expedition, would also christen many of California's prominent rivers with their names in 1775–1776, such as the Sacramento River and the San Joaquin River. After the expedition, Gabriel's son, José Joaquín Moraga, would found the pueblo of San Jose in 1777, making it the first civilian-established city in California. During this same period, sailors from the Russian Empire explored along the northern coast of California. In 1812, the Russian-American Company established a trading post and small fortification at Fort Ross on the North Coast. Fort Ross was primarily used to supply Russia's Alaskan colonies with food supplies. The settlement did not meet much success, failing to attract settlers or establish long term trade viability, and was abandoned by 1841. During the War of Mexican Independence, Alta California was largely unaffected and uninvolved in the revolution, though many Californios supported independence from Spain, which many believed had neglected California and limited its development. Spain's trade monopoly on California had limited local trade prospects. Following Mexican independence, California ports were freely able to trade with foreign merchants. Governor Pablo Vicente de Solá presided over the transition from Spanish colonial rule to independent Mexican rule. In 1821, the Mexican War of Independence gave the Mexican Empire (which included California) independence from Spain. For the next 25 years, Alta California remained a remote, sparsely populated, northwestern administrative district of the newly independent country of Mexico, which shortly after independence became a republic. The missions, which controlled most of the best land in the state, were secularized by 1834 and became the property of the Mexican government. The governor granted many square leagues of land to others with political influence. These huge ranchos or cattle ranches emerged as the dominant institutions of Mexican California. The ranchos developed under ownership by Californios (Hispanics native of California) who traded cowhides and tallow with Boston merchants. Beef did not become a commodity until the 1849 California Gold Rush. From the 1820s, trappers and settlers from the United States and Canada began to arrive in Northern California. These new arrivals used the Siskiyou Trail, California Trail, Oregon Trail and Old Spanish Trail to cross the rugged mountains and harsh deserts in and surrounding California. The early government of the newly independent Mexico was highly unstable, and in a reflection of this, from 1831 onwards, California also experienced a series of armed disputes, both internal and with the central Mexican government. During this tumultuous political period Juan Bautista Alvarado was able to secure the governorship during 1836–1842. The military action which first brought Alvarado to power had momentarily declared California to be an independent state, and had been aided by Anglo-American residents of California, including Isaac Graham. In 1840, one hundred of those residents who did not have passports were arrested, leading to the Graham Affair, which was resolved in part with the intercession of Royal Navy officials. One of the largest ranchers in California was John Marsh. After failing to obtain justice against squatters on his land from the Mexican courts, he determined that California should become part of the United States. Marsh conducted a letter-writing campaign espousing the California climate, the soil, and other reasons to settle there, as well as the best route to follow, which became known as "Marsh's route". His letters were read, reread, passed around, and printed in newspapers throughout the country, and started the first wagon trains rolling to California. He invited immigrants to stay on his ranch until they could get settled, and assisted in their obtaining passports. After ushering in the period of organized emigration to California, Marsh became involved in a military battle between the much-hated Mexican general, Manuel Micheltorena and the California governor he had replaced, Juan Bautista Alvarado. The armies of each met at the Battle of Providencia near Los Angeles. Marsh had been forced against his will to join Micheltorena's army. Ignoring his superiors, during the battle, he signaled the other side for a parley. There were many settlers from the United States fighting on both sides. He convinced each side that they had no reason to be fighting each other. As a result of Marsh's actions, they abandoned the fight, Micheltorena was defeated, and California-born Pio Pico was returned to the governorship. This paved the way to California's ultimate acquisition by the United States. In 1846, a group of American settlers in and around Sonoma rebelled against Mexican rule during the Bear Flag Revolt. Afterward, rebels raised the Bear Flag (featuring a bear, a star, a red stripe and the words "California Republic") at Sonoma. The Republic's only president was William B. Ide, who played a pivotal role during the Bear Flag Revolt. This revolt by American settlers served as a prelude to the later American military invasion of California and was closely coordinated with nearby American military commanders. The California Republic was short-lived; the same year marked the outbreak of the Mexican–American War (1846–1848). Commodore John D. Sloat of the United States Navy sailed into Monterey Bay in 1846 and began the U.S. military invasion of California, with Northern California capitulating in less than a month to the United States forces. In Southern California, Californios continued to resist American forces. Notable military engagements of the conquest include the Battle of San Pasqual and the Battle of Dominguez Rancho in Southern California, as well as the Battle of Olómpali and the Battle of Santa Clara in Northern California. After a series of defensive battles in the south, the Treaty of Cahuenga was signed by the Californios on January 13, 1847, securing a censure and establishing de facto American control in California. Following the Treaty of Guadalupe Hidalgo (February 2, 1848) that ended the war, the westernmost portion of the annexed Mexican territory of Alta California soon became the American state of California, and the remainder of the old territory was then subdivided into the new American Territories of Arizona, Nevada, Colorado and Utah. The even more lightly populated and arid lower region of old Baja California remained as a part of Mexico. In 1846, the total settler population of the western part of the old Alta California had been estimated to be no more than 8,000, plus about 100,000 Native Americans, down from about 300,000 before Hispanic settlement in 1769. In 1848, only one week before the official American annexation of the area, gold was discovered in California, this being an event which was to forever alter both the state's demographics and its finances. Soon afterward, a massive influx of immigration into the area resulted, as prospectors and miners arrived by the thousands. The population burgeoned with United States citizens, Europeans, Middle Easterns, Chinese and other immigrants during the great California Gold Rush. By the time of California's application for statehood in 1850, the settler population of California had multiplied to 100,000. By 1854, more than 300,000 settlers had come. Between 1847 and 1870, the population of San Francisco increased from 500 to 150,000. The seat of government for California under Spanish and later Mexican rule had been located in Monterey from 1777 until 1845. Pio Pico, the last Mexican governor of Alta California, had briefly moved the capital to Los Angeles in 1845. The United States consulate had also been located in Monterey, under consul Thomas O. Larkin. In 1849, a state Constitutional Convention was first held in Monterey. Among the first tasks of the convention was a decision on a location for the new state capital. The first full legislative sessions were held in San Jose (1850–1851). Subsequent locations included Vallejo (1852–1853), and nearby Benicia (1853–1854); these locations eventually proved to be inadequate as well. The capital has been located in Sacramento since 1854 with only a short break in 1862 when legislative sessions were held in San Francisco due to flooding in Sacramento. Once the state's Constitutional Convention had finalized its state constitution, it applied to the U.S. Congress for admission to statehood. On September 9, 1850, as part of the Compromise of 1850, California became a free state and September 9 a state holiday. During the American Civil War (1861–1865), California sent gold shipments eastward to Washington in support of the Union. However, due to the existence of a large contingent of pro-South sympathizers within the state, the state was not able to muster any full military regiments to send eastwards to officially serve in the Union war effort. Still, several smaller military units within the Union army, such as the "California 100 Company", were unofficially associated with the state of California due to a majority of their members being from California. At the time of California's admission into the Union, travel between California and the rest of the continental United States had been a time-consuming and dangerous feat. Nineteen years later, and seven years after it was greenlighted by President Lincoln, the first transcontinental railroad was completed in 1869. California was then reachable from the eastern States in a week's time. Much of the state was extremely well suited to fruit cultivation and agriculture in general. Vast expanses of wheat, other cereal crops, vegetable crops, cotton, and nut and fruit trees were grown (including oranges in Southern California), and the foundation was laid for the state's prodigious agricultural production in the Central Valley and elsewhere. In the nineteenth century, a large number of migrants from China traveled to the state as part of the Gold Rush or to seek work. Even though the Chinese proved indispensable in building the transcontinental railroad from California to Utah, perceived job competition with the Chinese led to anti-Chinese riots in the state, and eventually the US ended migration from China partially as a response to pressure from California with the 1882 Chinese Exclusion Act. Under earlier Spanish and Mexican rule, California's original native population had precipitously declined, above all, from Eurasian diseases to which the indigenous people of California had not yet developed a natural immunity. Under its new American administration, California's first governor Peter Hardeman Burnett instituted policies that have been described as a state-sanctioned policy of elimination toward California's indigenous people. Burnett announced in 1851 in his Second Annual Message to the Legislature: "That a war of extermination will continue to be waged between the races until the Indian race becomes extinct must be expected. While we cannot anticipate the result with but painful regret, the inevitable destiny of the race is beyond the power and wisdom of man to avert." As in other American states, indigenous peoples were forcibly removed from their lands by American settlers, like miners, ranchers, and farmers. Although California had entered the American union as a free state, the "loitering or orphaned Indians," were de facto enslaved by their new Anglo-American masters under the 1850 Act for the Government and Protection of Indians. One of these de facto slave auctions was approved by the Los Angeles City Council and occurred for nearly twenty years. There were many massacres in which hundreds of indigenous people were killed by settlers for their land. Between 1850 and 1860, the California state government paid around 1.5 million dollars (some 250,000 of which was reimbursed by the federal government) to hire militias with the stated purpose of protecting settlers, however these militias perpetrated numerous massacres of indigenous people. Indigenous people were also forcibly moved to reservations and rancherias, which were often small and isolated and without enough natural resources or funding from the government to adequately sustain the populations living on them. As a result, settler colonialism was a calamity for indigenous people. Several scholars and Native American activists, including Benjamin Madley and Ed Castillo, have described the actions of the California government as a genocide, as well as the 40th governor of California Gavin Newsom. Benjamin Madley estimates that from 1846 to 1873, between 9,492 and 16,092 indigenous people were killed, including between 1,680 and 3,741 killed by the U.S. Army. In the twentieth century, thousands of Japanese people migrated to the US and California specifically to attempt to purchase and own land in the state. However, the state in 1913 passed the Alien Land Act, excluding Asian immigrants from owning land. During World War II, Japanese Americans in California were interned in concentration camps such as at Tule Lake and Manzanar. In 2020, California officially apologized for this internment. Migration to California accelerated during the early 20th century with the completion of major transcontinental highways like the Lincoln Highway and Route 66. In the period from 1900 to 1965, the population grew from fewer than one million to the greatest in the Union. In 1940, the Census Bureau reported California's population as 6.0% Hispanic, 2.4% Asian, and 89.5% non-Hispanic white. To meet the population's needs, major engineering feats like the California and Los Angeles Aqueducts; the Oroville and Shasta Dams; and the Bay and Golden Gate Bridges were built across the state. The state government also adopted the California Master Plan for Higher Education in 1960 to develop a highly efficient system of public education. Meanwhile, attracted to the mild Mediterranean climate, cheap land, and the state's wide variety of geography, filmmakers established the studio system in Hollywood in the 1920s. California manufactured 8.7 percent of total United States military armaments produced during World War II, ranking third (behind New York and Michigan) among the 48 states. California however easily ranked first in production of military ships during the war (transport, cargo, [merchant ships] such as Liberty ships, Victory ships, and warships) at drydock facilities in San Diego, Los Angeles, and the San Francisco Bay Area. After World War II, California's economy greatly expanded due to strong aerospace and defense industries, whose size decreased following the end of the Cold War. Stanford University and its Dean of Engineering Frederick Terman began encouraging faculty and graduates to stay in California instead of leaving the state, and develop a high-tech region in the area now known as Silicon Valley. As a result of these efforts, California is regarded as a world center of the entertainment and music industries, of technology, engineering, and the aerospace industry, and as the United States center of agricultural production. Just before the Dot Com Bust, California had the fifth-largest economy in the world among nations. In the mid and late twentieth century, a number of race-related incidents occurred in the state. Tensions between police and African Americans, combined with unemployment and poverty in inner cities, led to violent riots, such as the 1965 Watts riots and 1992 Rodney King riots. California was also the hub of the Black Panther Party, a group known for arming African Americans to defend against racial injustice and for organizing free breakfast programs for schoolchildren. Additionally, Mexican, Filipino, and other migrant farm workers rallied in the state around Cesar Chavez for better pay in the 1960s and 1970s. During the 20th century, two great disasters happened in California. The 1906 San Francisco earthquake and 1928 St. Francis Dam flood remain the deadliest in U.S. history. Although air pollution problems have been reduced, health problems associated with pollution have continued. The brown haze known as "smog" has been substantially abated after the passage of federal and state restrictions on automobile exhaust. An energy crisis in 2001 led to rolling blackouts, soaring power rates, and the importation of electricity from neighboring states. Southern California Edison and Pacific Gas and Electric Company came under heavy criticism. Housing prices in urban areas continued to increase; a modest home which in the 1960s cost $25,000 would cost half a million dollars or more in urban areas by 2005. More people commuted longer hours to afford a home in more rural areas while earning larger salaries in the urban areas. Speculators bought houses they never intended to live in, expecting to make a huge profit in a matter of months, then rolling it over by buying more properties. Mortgage companies were compliant, as everyone assumed the prices would keep rising. The bubble burst in 2007–8 as housing prices began to crash and the boom years ended. Hundreds of billions in property values vanished and foreclosures soared as many financial institutions and investors were badly hurt. In the twenty-first century, droughts and frequent wildfires attributed to climate change have occurred in the state. From 2011 to 2017, a persistent drought was the worst in its recorded history. The 2018 wildfire season was the state's deadliest and most destructive, most notably Camp Fire. One of the first confirmed COVID-19 cases in the United States that occurred in California was first of which was confirmed on January 26, 2020. Meaning, all of the early confirmed cases were persons who had recently travelled to China in Asia, as testing was restricted to this group. On this January 29, 2020, as disease containment protocols were still being developed, the U.S. Department of State evacuated 195 persons from Wuhan, China aboard a chartered flight to March Air Reserve Base in Riverside County, and in this process, it may have granted and conferred to escalated within the land and the US at cosmic. On February 5, 2020, the U.S. evacuated 345 more citizens from Hubei Province to two military bases in California, Travis Air Force Base in Solano County and Marine Corps Air Station Miramar, San Diego, where they were quarantined for 14 days. A state of emergency was largely declared in this state of the nation on March 4, 2020, and as of February 24, 2021, remains in effect. A mandatory statewide stay-at-home order was issued on March 19, 2020, due to increase, which was ended on January 25, 2021, allowing citizens to return to normal life. On April 6, 2021, the state announced plans to fully reopen the economy by June 15, 2021. In 2019, the 40th governor of California, Gavin Newsom formally apologized to the indigenous peoples of California for the California genocide: "Genocide. No other way to describe it, and that's the way it needs to be described in the history books." Newsom further acknowledged that "the actions of the state 150 years ago have ongoing ramifications even today." Cultural and language revitalization efforts among indigenous Californians have progressed among several tribes as of 2022. Some land returns to indigenous stewardship have occurred throughout California. In 2022, the largest dam removal and river restoration project in US history was announced for the Klamath River as a win for California tribes.

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Frequently Asked Questions

The statute of limitations for filing a negligence claim in California is two years from the date of injury or discovery of the injury, whichever is later.
Yes, minors have until age 26 to file a negligence claim in California.
Victims may be able to recover both economic and non-economic damages such as medical expenses, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and other related costs.