Posts made in November 2019

Sean McDonagh, Willem, clothing, apparel, Armon Hayes, 360 MAGAZINE, nyc,

Sean McDonagh × Willem

“The wheel looks pretty good; we’re not reinventing the wheel.” – Sean McDonagh

By Armon Hayes × Vaughn Lowery

A passion to create what will impact tomorrow. Creative Director/Founder Sean McDonagh debuts his perspective with the proclamation of the new American menswear line, Willem. The FW 2019 collection, “Pavement Preacher,” uniquely combines the New Yorker aesthetic and cowboy-esque silhouettes derived from Clint Eastwood‘s Pale Rider. Willem is rich in emotion. Each Willem season will be seen through the lens of a significant cultural person, place and/or event.

“We’ve all gone out, is today the day I put on the jacket? Are people looking at the jacket?” – Sean McDonagh 

Inspired by NYC’s Lower East Side “outlaw artist” Dash Snow as well as the 1850’s California gold rush era. The capsule made up of modernized vintage garments made to reflect today’s city uniform. To artfully create, Willem partners with renowned mills such as Loro Piana and Lamonta from Italy; Toko Shoji from Japan and Cone Denim from the United States. Materials meticulously chosen based on a New York City urban palette: charcoal greys, midnight navy’s, rich camels and deep indigos. A pallet flexible from day-to-night with a range of outerwear, shirting, and knitwear. Easily layered and mixed with untraditional styling for fashion forward appeal and interchangeable from work to a night on the town. 

“Style is a mindset.” – Sean McDonagh 

360 previewed the gender fluid collection: posh overcoats and varsity jackets; a tactical vest; button-up shirts; sweatshirts; tees; chinos; jeans and a limited-edition cowboy chap (an absolute show stopper).

This holiday season visit their pop-up shop for a month long residency located in NYC SoHo at 426 West Broadway.

Go HERE for all things Willem.

Kanye West – NEBUCHADNEZZAR

KANYE WEST TO DEBUT NEW OPERA ‘NEBUCHADNEZZAR’ AT THE HOLLYWOOD BOWL THIS SUNDAY, NOVEMBER 24

DIRECTED BY VANESSA BEECROFT, WITH MUSIC BY SUNDAY SERVICE, PETER COLLINS & INFINITY’S SONG

On Sunday, November 24thKanye West will debut the new opera ‘Nebuchadnezzar’ live at the Hollywood Bowl. The opera, directed by Vanessa Beecroft, will feature the Sunday Service collective, as well as singer Peter Collins and the group Infinity’s Song.

Nebuchadnezzar is an original opera, based on the biblical story of the Babylonian King from the Book of Daniel. Set in the 6th century BC, the Book of Daniel recounts Nebuchadnezzar’s transition from wicked, imperious, self-declared ruler to a true believer who finds salvation in his faith.

West conceived of this opera as an expression of his commitment to both his faith and ever-expanding musical palette. Nebuchadnezzar brings together elements from different worlds, including opera, fine art, modern dance, and gospel music, to create an innovative performance structure. West’s sound is the bridge between these artforms. 

Vanessa Beecroft’s work has been shown internationally since 1993 and often presents social commentary and critique. She is best known for her conceptual performance art, which often references the historical and political associations of the place in which the installation is held. Since 2008, Vanessa has collaborated extensively with Kanye West.

For ticket info, go HERE.

Morro Bay, 360 MAGAZINE

Morro Bay – Holiday Activities

Have a Nautical Holiday in Morro Bay: Citywide Crab Pot Tree Lighting, Lighted Boat Parade Weekend, Artisan Shopping along the Embarcadero & Paddling Fun in the Bay

Whatever Morro Bay creates, they do it in their own style. This goes for holiday events, gifts for everyone on your list, and fun new ways to get moving outdoors! Brimming with 15 holiday trees made from old crab pots, brightly decorated boats sailing the harbor, and Santa Claus hanging out in his house on the waterfront Embarcadero, Morro Bay celebrates its true nautical roots during this festive period. 

This year the Friends of the Harbor Department will build a huge Crab Pot tree made of commercial crab pots on the waterfront in Anchor Park.  Anchor park is in the heart of the Embarcadero with uninterrupted views of the bay and Morro Rock – perfect for the family holiday photo-op.  

Getting out of town during the holidays can offer a much-needed change of pace, and the chance to make completely new and unforgettable holiday memories.  Take part in any of the Morro Bay holiday events during December, complete your holiday shopping in Morro Bay’s unique boutiques, and find the perfect outdoor activity for everyone in your family along the Embarcadero.    

Winterfest 2019 Events

Visit Santa’s House
Every Friday, Saturday, and Sunday | December 6 – 22, 2019
Santa’s coming to the Embarcadero! Come visit and get a picture with Jolly ol’ Saint Nick.  Take a photo with St Nick with you, your kids or your fur-kids at no charge. You can find the man of the season in his house located next to the Giant Chess Board on the Embarcadero every weekend in December until Christmas. Hot coco and snacks will be available for purchase by various non-profit organizations.

City Wide Holiday Tree Lighting Celebration
December 6, 2019 | Beginning at 3:30 pm | City Park & City Wide
Starting at 3:30 pm in City Park, enjoy holiday performances and festive treats.  There’s a chance to visit with Santa, and of course the main event…the lighting of the City Park tree for the holidays. Crab pot trees throughout town will also be lit, so after the celebration explore the village and see if you can find them all. 

Lighted Boat Parade Weekend! Participate or just enjoy the fun.

Friday Night Lights
December 6, 2019 | 6 – 8 pm | Embarcadero
Make your dinning reservation for a night of great food and holiday sights as local large vessels and commercial boats cruise up and down the Embarcadero waterway.  U.S, Coast Guard Cutter, Pappagallo, Chablis, Black Pearl, Sub Sea vessels 1 and 2, Morro Bay Harbor Patrol and the crowd pleaser Bonnie Marie. The parade of holiday spirit starts at dusk. A local affair, Friday Night Lights is brought to you by these waterfront restaurants: Blue Sky Bistro, Dutchman’s Seafood House, , Giovanni’s Fish Market & Galley, Hofbrau, The Libertine Pub, Port House, Toggnazini’s, STAX Wine Bar & Bistro, Window’s on the Water. Be sure to call and make reservations in advance! The public is welcome to join in the fun with their lighted vessels from 6-8 pm but this is not the official lighted parade.

Lighted Boat Parade
December 7, 2019 | 6 – 8 pm | Embarcadero
Don’t miss the 34th Annual Lighted Boat Parade along the waterfront. The Morro Bay fishing, leisure, and yachting community compete for cash prizes by stringing up mesmerizing lights that celebrate holiday cheer.  It’s the night to celebrate holiday wonder along the Embarcadero. The parade is sponsored by the Rotary Club of Morro Bay. Watch from a waterfront hotel room, restaurant or on a commercial vessel offering tours. Register your own boat for a chance to win! 

Holiday Paddle Parade
December 8, 2019 | 11 am – 1 pm | Embarcadero
The 3rd year of the non-motorized paddle parade rounds out a great weekend of festive parades on the bay. Open for anyone to join, Kayaks, Standup Paddleboards, small sailboats, surfboards, or any craft that floats take to the water. Sign-up to paddle a vessel for a chance to win cash prizes or come watch the spectacle and feel the holiday spirit. Either way, costumes, boat décor, and lots of fun are in store!  The Annual Paddle Parade is brought to you by The Rock community radio station – a local Morro Bay non-profit. All funds raised from the paddle go to support the station. Your Grand Marshall on the water will be The Paddleboard Co owners Sandi and Ken Twist. To register click here.

Locally Made Artisan Holiday Shopping #morrobaymakers 

If you’re looking for gifts outside the big-name box shopping centers, discover Morro Bay’s artisan makers. From handmade glass beads, craft olive oils, baked goods to custom leather goods and fresh saltwater taffy, Morro Bay has a distinct #craftculture and is filled with unique products that make great gifts for the holidays. Click here for more holiday shopping ideas!

Fantastic #OutdoorGoals Holiday Destination

If you like to travel, get out and make waves in the winter, Morro Bay is your holiday destination! Mild weather and an abundance of outdoor activities keep locals and visitors moving and shaking over the holidays. From hiking, cycling and kayaking, to kite surfing or paddleboard yoga, there is an adventure to suit everyone in your active family. Check out these #outdoorgoals video shorts!

Click here to find rates and availability!

For more travel information follow Morro Bay Tourism on FacebookInstagramTwitter and Pinterest.
 

About Morro Bay
A true #outdoorhub, this active seaside fishing village with bustling waterfront offers a fun and funky getaway for travelers who seek great wine, seafood and outdoor adventures filled with wildlife watching. Located along coastal Highway 1 in San Luis Obispo County just south of Big Sur, midway between Los Angeles and San Francisco, Morro Bay offers year-round activities in an unspoiled slice of California.  From ocean-side golf, kayaking, sailing, hiking, fishing, surfing, biking, and bird watching, to kite flying, shopping, dining, wine bars, local craft brews and miles of unspoiled beaches, there is something for everyone. 

Sitting majestically between the beach and the harbor lays the iconic and historic landmark Morro Rock, welcoming travelers from miles away as they approach Morro Bay. Located just minutes from world-renowned Hearst Castle, historic missions, breathtaking Montana de Oro State Park, and surrounded by vineyards from Paso Robles to Edna Valley, Morro Bay is a destination designed to fit any style and budget for families, couples or groups. Morro Bay also offers a myriad of year-round events including food, wine and music festivals, art fairs and car shows unique to the town. For more travel information visit www.morrobay.org or follow Morro Bay on Facebook, Instagram, twitter and Pinterest.

Maggie rogers, 360 MAGAZINE

MAGGIE ROGERS – NEW TRACK

Today, Maggie Rogers shared the new track “Love You For A Long Time,” a love song for her fans. It’s a joyous reflection from Rogers, honoring the astonishing journey she and her followers have shared since the release of her full-length Capitol Records debut, Heard It In A Past Life, which has sold more than 600,000 adjusted albums to date. The song celebrates this monumental chapter of Rogers’ career – which culminated with a GRAMMY nomination for Best New Artist earlier this week – while simultaneously turning the page and preparing for what comes next. She penned the heartfelt lyrics and wrote the music with Doc McKinney and Michael Sonier. Ricky Reed and Nate Mercereau produced the track. Download / stream “Love You For A Long Time” HERE.

Says Rogers, “I actually wrote most of ‘Love You For A Long Time’ the day before I wrote ‘Light On.’” Those last days of finishing Heard It In A Past Life were such vivid and vital creative moments for me. I was dreaming up a future – for my music, for my life – and the possibilities felt endless. For various reasons, but mostly scheduling, the song was left unfinished and unrecorded, but it always stuck with me and I’ve found its melody weaving in and out of my brain for the last year and a half. Since then, a lot has changed in my life, but one of the biggest changes has been my relationship with my band. I’ve been playing with most of my band for about three years now and over the course of touring this record we’ve become real adopted family. As we set out on our biggest tour yet this fall, I wanted to bring new work to our stage and give this song I love so much an arrangement that showcased the deep personal and creative bonds I’ve formed with these special people in my life. So I wrote a bridge, finished the song, and recorded it in LA in August. I produced it with my trusted friend and collaborator Ricky Reed, with some arrangement help from the brilliant Nate Mercereau on bass and guitar. It’s a song about love in all its forms — romantic love, the love I feel for my friends, the love I feel for my band, and the love I’ve shared with all of you. I wanted it to sound like the last days of summer. I wanted it to sound as wild and alive as new love feels.” 

Rogers recently wrapped her sold-out headline 2019 tour, which included two consecutive nights at New York City’s Radio City Music Hall, DC’s The Anthem and Nashville’s Ryman Auditorium. After developing a lovingly cultish devotion to Rogers online, fans are turning out repeatedly for the live experience – and they’re bringing their friends along. Rogers has sold more than 150,000 concert tickets. Combined global streams of her songs have surpassed 650 million. The 25-year-old producer, songwriter and performer has been honored with a place on the TIME 100 Next 2019 list, which celebrates rising stars and up-and-comers who are shaping their industries – and the future. The New Yorker praised Rogers as “an artist of her time.” Rolling Stone awarded Heard It In A Past Life four stars upon its release, and The New York Times praised Heard It in a Past Life as a collection of “buoyant electronic pop songs.” The album has also earned praise from NPR, Pitchfork, USA Today, Vogue, Billboard and many other publications. Heard It In A Past Life entered Billboard’s Top Album Sales chart at No. 1 and debuted at No. 2 on the Billboard 200. “Light On,” praised by Rolling Stone as “a cathartic counterpoint to today’s pop-empowerment anthems,” topped Billboard’s Adult Alternative Songs tally.

Following appearances on “Saturday Night Live,” “The Tonight Show Starring Jimmy Fallon,” “Late Night with Seth Meyers,” “The Late Late Show with James Corden,” “The Ellen DeGeneres Show,” “The Late Show with Stephen Colbert” and “TODAY,” Rogers made her “Austin City Limits” (ACL) debut last month with an hour-long performance. The 11-song set included a captivating rendition of “Alaska,” the breakout track that introduced her talents as a songwriter and producer to the world, and a gorgeous a cappella performance of “Color Song.” Watch “Light On,”“Fallingwater” and a special online only exclusive performance of “The Knife.”

Maggie Rogers grew up in Easton, Maryland. After graduating from NYU’s Tisch School of the Arts, she released her critically acclaimed debut EP, Now That The Light Is Fading. The BBC, Tidal, Google Play, Vevo, Pandora quickly tipped her as an artist to watch. NPR named her one of its Favorite Musicians and Rogers was the first YouTube Artist On The Rise (AOTR) of 2019. She has also been included in Twitter Music’s #ArtistToFollow, Amazon’s First And Last and Pandora’s Drumbeats programs.

Thor, marvel, Disney, 360 MAGAZINE, super hero

THOR #1 Cover

The superstar creative team of Donny Cates and Nic Klein will take theDonny Cates and Nic Kleinto new realms of glory next year and we’re celebrating this thunderous new era with cover reveals by your favorite artists! Witness the God of Thunder’s fury in Woo Dae Shim’s electrifying THOR #1 cover below!
 
THOR #1 by Donny Cates and Nic Klein is on sale this January in comic shops, on the Marvel Comics App, and on Marvel.com! To find a comic shop near you, visit www.comicshoplocator.com or call 1-888-comicbook. 
 
Retailers, please note that preorders for this milestone issue are due on 11/25!
 
THOR 1 WOO DAE SHIM VARIANT – SEP199009

Vaughn Lowery, 360 MAGAZINE, skiing, gloves, scarves

How Can You Avoid the Risks of Skiing This Winter?

It’s winter, and that means people are going to be going on ski vacations around the country and around the world. While skiing is an amazing way to spend time outdoors and enjoy the snow, it carries pretty significant risks. 

The risks of skiing can be minor or deadly, and according to the National Ski Areas Association, there is an average of 44 serious injuries a year related to skiing, including serious head injuries and paralysis. 

Alpine skiers are three times more likely to be in an accident with other people than snowboarders, and the most common ski accidents include falling, colliding with other skiers, and accidents related to ski and chair lifts. 

The most common types of specific injuries from skiing accidents include leg fractures, concussions, ruptured ligaments, and broken bones. 

Understanding the risks and taking the necessary steps to protect yourself against them as much as possible can help you enjoy all that skiing has to offer without a sense of anxiety about potential accidents. 

The following are some things to know about the risks of skiing and how to keep yourself safe. 

General Safety Tips

The following are some overall safety tips to keep in mind before you hit the slopes and while you’re skiing.

  • Make sure that you’re in fairly good shape before you go skiing. It’ll be much easier to stay safe if you’re in reasonably good physical shape and are used to a fair amount of physical activity. 
  • Ensure you have the right equipment. Don’t borrow equipment if you don’t have your own. Instead, rent it from the resort or a ski shop so they can help make sure it fits you properly. 
  • Wearing a helmet is a good idea when skiing, and this is especially true for children. 
  • If you aren’t sure what you’re doing, take a lesson beforehand. Even if you are experienced, you might benefit from a lesson or a refresher. 
  • Don’t let yourself get too tired and worn out. It’s a good idea to rest when you feel like you need to and maybe even if you don’t feel like you need to. You’re burning up a lot of energy when you’re skiing, and along with taking a break, make sure you’re getting enough to eat and drink. 
  • Know your limits. Don’t push yourself more than what your capabilities are, and always follow the rules. 

ACL Injuries

ACL injuries account for anywhere from 16 to 17% of all injuries related to skiing. When you have an ACL injury, not only can be it be painful and debilitating at the time but it can create long-term issues as well. Some people who have ACL injuries develop walking problems as a result. 

One reason for ACL injuries is that you catch the edge of your ski and your leg rotates too quickly. You can also get an ACL injury on jumps and falls. 

To minimize the potential of ACL injuries when skiing, you should avoid doing anything you aren’t comfortable with, including tricks that could lead to a fall or trying to ski on slopes that you may not be ready for. If you keep a 45-degree angle on your skis it can also help prevent catching. 

Similarly common in skiing are broken legs, and one way to avoid or at least lower this risk is to strengthen your leg muscles. 

Head Injuries

Head injuries can be the most severe and deadly type of skiing accident. Head injuries can be severe, and they are often because of a combination of not having head protection and going too fast. If a skier is going up to 80 mph or more, which is possible and likely, and they fall, their head may bounce on the snow. 

Even more serious than that can be if a skier hits an obstacle such as a tree. 

To lower this risk, when you’re skiing, you should have head protection, and you should also stay on slopes you’re comfortable with on days with good visibility. 

Frostbite 

Frostbite isn’t necessarily related to the skiing itself, but instead the conditions surrounding skiing. To prevent frostbite, ensure that you’re covering areas of your body from being exposed to the cold, wind and snow. This, in particular, includes your fingers and toes. 

It only takes 30 minutes for wind chill to cause frostbite, and you can also get it from touching a cold surface.

Of course, there are other risks associated with skiing as well, but these are a good starting point to keep yourself and your family safer during your winter ski holiday. 

Lexus, GS F, Vaughn Lowery, Toyota, 360 MAGAZINE

5 Ways to Keep Yourself Entertained as a Passenger on a Road Trip

Road trips are amazing. They are a cheaper way to travel in most cases, they offer you a different form of freedom, where you can stop wherever you please, and you get to see a lot more of the country you are driving through that on a flight.

There is only one inconvenience for passengers, what do to? Great conversation with your road trip colleagues is a part of the journey, without a doubt, but talking can only go so far. Or you are on a family road trip and would rather not talk to your sibling. You need to find new ways to keep yourself entertained during long drives. And here we have 5 of the best ways to stay entertained as a passenger.

  • A Playlist

Music can make or break a road trip. Having the right playlist is essential to a road trip. This can be in your headphones or playing DJ for the car on the stereo. There are now a variety of music streaming apps (make sure to have a phone car charger) giving you infinite music at your fingertips. You can choose an already made road trip playlist or start making yours the moment you know you are going on the trip.

  • Travel Games

This isn’t the old school travel box of chess and draughts with a magnetic board (although these also have a place in road trips). Here we mean interactive games with who is in your car. There are loads of different games you can play. “I Spy”, the “ABC Game” where you name things you see following the alphabet or “next to pee” where the next person who needs a toilet break buys the drinks or the snacks. There are plenty more, find one that suits you all.

  • Map Reading

Learn how to read a map or an atlas. This is a great way to look out for interesting places to stop while on the move. It makes the trip more improvised and interesting.

  • Mobile Apps

There are many and many apps designed to entertain you while on the go. From online casinos such as ComeOn, different games, karaoke apps. There is an app for everything today, so finding one to keep yourself entertained will not prove too difficult.

  • Read a book

Books might seem old school to the next generation of road trip travellers, but the reason they are still a thing must be enough to prove they have their place. If you are travelling far, an e-book is the best way to keep all your favourite reads on you while taking the minimal amount of space. This might not be for everyone, as many get car sickness. That will not improve your journey!

Conclusion

There are tons of ways to entertain you while on a long journey, and most thanks to advancements in technology. Find an app, online magazines, games, and so much more all at your fingertips with your smartphone.

Wine enthusiast, 360 MAGAZINE

Top 100 Wines for 2019


Wine Enthusiast’s expert tasting panel has officially released its definitive list of Top 100 Wines for 2019, after sampling over 22,000 wines from around the globe, exploring a multitude of regions, styles and price points. The Enthusiast 100 is a best-of-the-best list that illustrates the fantastic variety of wines available to the consumer today.

The top recipient at #1 is the Nino Franco NV Rustico Brut (Valdobbiadene Prosecco Superiore) (94 points, SRP $18) from Valdobbiadene, Italy. Coming in at a close second is Sonoma County wine, Williams Selyem 2017 Pinot Noir (98 points, SRP $39). 

Beyond these wine’s high numerical ratings, this list showcases excellent quality-to-price ratios, drinkability, and availability, with an average score of just over 93 points and an average price of $33, showcasing that great wine comes from all over the world and there is a wine to satiate every palate.

The Enthusiast 100 of 2019 Fast Facts:

  • This year’s top spot goes to Nino Franco Rustico Prosecco Superiore from Italy – an incredible value wine at only $18!
  • There are a total of 16 countries represented on The Enthusiast 100.
  • The average score checks in at 93 points.
  • A median price of $33 makes it a wonderfully accessible list for wine enthusiasts of all levels
  • American wine is largely represented with 30 wines in the list
  • Most expensive wine showcased on the list is $114 – a Domaine de la Janasse 2016 Vieilles Vignes Red (Châteauneuf-du-Pape)

The list also carries many ‘discovery-driven’ selections for consumers who enjoy exploring off the beaten path. These items include wines from not-well-known wine regions like the countries of Georgia, Israel or Uruguay, wines from re-emerging regions in Italy like Puglia, Abruzzo and Emilia-Romagna, or from growing regions in the US, such as Virginia and New York.

However, there are many other grapes represented that are either classic to the region where they are grown or interesting abnormalities that might speak to a growing trend in the region. (i.e. #7 – Napa producers are experimenting with white grapes beyond Chardonnay).

Please find the full list here

Vaughn Lowery, 360 MAGAZINE, nyc

A Layman’s Guide to Personal Injury Law

If you have cable or satellite TV, try this. Turn it on and start flipping through the channels. Chances are it won’t be long before you land on a program that deals with crime and/or the justice system. From dramedies like Boston Legal and Ally McBeal to riveting true-crime documentaries such as The Staircase and Making a Murderer, to old standbys like Dateline, 48 Hours Mystery, and the many incarnations of Law & Order, it’s plain to see that we love watching shows that explore the law. 

An entire generation of Americans can recite the Miranda warning word-for-word from memory. We all know that detectives will set their sights on a murder victim’s spouse as the most likely suspect. And once-obscure terms and concepts, like a Brady violation or an Alford plea, are now household phrases. Criminal law is chock-full of interesting stories and compelling drama, but what about civil law? Have you ever wondered about how personal injury law plays out in a boardroom or courtroom? If so, read on for a quick primer on all things personal injury related.

What’s the Difference Between Personal Injury Law and Criminal Law?

Also known as tort law, personal injury law concerns itself with civil, rather than criminal, violations. In criminal cases, the plaintiff is always “the state” — in other words, the governmental entity whose laws have been broken. In civil cases, one party — an individual or group of people — brings a lawsuit against another party — an individual, a group, a company, or a government agency. 

Another of the major distinctions between civil and criminal law is that the purpose of a criminal charge is to punish the wrongdoer. In civil cases, the plaintiff is seeking damages, or compensation. It is entirely possible for someone who has been accused of a crime by the state to also face a civil suit brought by a victim or victim’s family.

The Different Types of Personal Injury Law

Many of the most common types of personal injury have to do with accidents. There are others, as well. The following are some of the most common branches of personal injury law:

  • Car, truck, or motorcycle accidents
  • Pedestrian and bicycle accidents
  • Slip, trip, and fall accidents
  • Medical malpractice
  • Defective products
  • Animal attacks
  • Wrongful death

Each of these has its own legal precedents, and most personal injury lawyers will specialize in one of them. As you can imagine, motorcycle accidents are very different from medical malpractice or dog bites and must be handled differently. 

Even within one of these areas, case law can vary widely. The Barnes Firm, for example, has dedicated Oakland car accident lawyers, motorcycle accident lawyers, and tractor-trailer accident lawyers, in addition to others, on staff. This is true of all major personal injury law firms. 

Where Does Negligence Come In?

With the exception of intentional torts, such as slander, fraud, assault, false imprisonment, and intentional infliction of emotional distress, all types of personal injury law have one factor in common: they stem from negligence. In legal terms, negligence occurs when one party has a duty of care but fails to observe or perform that duty. The law stipulates that all people (and other entities, such as companies, institutions, and governments) have a legal obligation to act with a reasonable amount of care and prudence in the course of committing actions that may be harmful to others. 

For example, a surgeon has a legal duty to not kill the person on her operating table. A dog owner has the obligation to prevent the dog from attacking and biting passersby. A retail store is obliged to keep its floors clean so that no one slips on a wet surface, falls, and injures themselves.

There are four elements that must be proven in order to establish negligence:

  1. Duty. The defendant owed a legal duty under the circumstances to the plaintiff;
  2. Breach of Duty. The defendant acted (or failed to act) in a way that breached his or her duty;
  3. Causation. This action or inaction caused the injury in question;
  4. Damages. Finally, the plaintiff has to have suffered harm or injury as a result of the first three elements. 

If one or more of these elements cannot be proven, there is no legal negligence at play. 

The Odds of a Tort Case Going to Trial

The vast majority of tort actions will never see the inside of a courtroom. It is almost always easier, faster, and less expensive for all parties to settle out of court — although that’s not to say that negotiating such a settlement is a quick or painless process. In fact, torts can stretch on for years. 

If, after extensive negotiation on both sides of the dilemma, the parties are unable or unwilling to agree on the terms of a settlement, then the case will go to a court of law. This happens in less than 5% of instances, however.

Concluding Remarks

Tort law is an incredibly complex aspect of the judicial system. If an individual feels that he or she is entitled to receive damages, it’s in his or her best interest to hire the most experienced attorney available, as well as one who specializes in the particular type of personal injury in question.

101 Best Restaurants

On Monday, Dec. 9, the Los Angeles Times will publish its annual list of 101 Best Restaurants, premiering on latimes.com that evening and in a premium print edition to be delivered to Times Sunday subscribers on Dec. 15.

This year, for the seventh edition of the list originated by the late great Jonathan Gold, Times restaurant critics Bill Addison and Patricia Escárcega have chosen the restaurants and written all of the reviews. (See their essay on this year’s list here.) And in honor of the restaurants that have earned coveted spots on the list, The Times Food staff will host a launch party on Dec. 9, with 30 celebrated chefs serving-up small plates.