Borowsky & Hayes, LLP A Professional Corporation, lawyers in San Francisco, CA, California

Tort Action for Failure to Provide Facilities to the Public

Under the common law, a person commits a tort when he or she fails to provide a public utility or a public facility to a member of the public. In order to be liable for this tort, the person must have a non-contractual duty to provide the public utility or the public facility to the public. A denial of the public utility or the public facility constitutes a breach of that duty. More...

Automobile Racing

Automobile racing is an inherently dangerous sport due to the high speeds. Crashes on the track can mean serious injuries or even fatalities to participants as well as spectators, which could lead to negligence actions against the racing facility's owner.More...

Tort Action for Dangerous Employment of a Minor Child

A person who employs a minor child in a dangerous occupation may be liable to the child's parent for harm that is sustained by the child. An occupation is considered to be dangerous if it involves a risk of death or serious bodily harm because of the age and inexperience of the child. The occupation does not have to be dangerous for an adult in order for the employer to be liable to the parent.More...

Abuse of Process

It should be obvious that the purpose of the civil justice system is to permit people to obtain justice. Unfortunately, people sometimes try to use the civil justice system for improper purposes, such as revenge. As one would expect, using the civil justice system solely for improper purposes is prohibited by law. The personal injury lawsuit that addresses improper use of the civil justice system, and improper use of the criminal justice system other than malicious prosecution, is known as abuse of process.More...

The Jones Act -- Unearned Wages

Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "unearned wages," i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits.More...