Recently, the California Court of Appeal reviewed a judgment in a lawsuit involving government liability for an allegedly escaping mental health patient. In this case, the plaintiff suffered injuries after he jumped out the window of his room on the psychiatric floor of a Los Angeles County hospital. The appellate court focused on…
Recently, the California Court of Appeal addressed the validity of a release of liability in a lawsuit alleging negligence and premises liability against a trampoline facility. The injured plaintiff, a non-native English speaker, claimed that she had not understood she was signing a document that released all claims against the defendant.…
In an unpublished opinion, the California Court of Appeals analyzed whether the evidence supported a lower court’s determination that a railroad company was not negligent in regard to the fatalities of two minors who drove their vehicle onto railroad tracks on the morning after Halloween. In the dark, early morning hours after…
In a recent opinion issued by the California Court of Appeal, the court addressed whether a plaintiff in a personal injury lawsuit could meet his burden upon a summary judgment motion. In this case, the court focused on the causation element of the plaintiff’s negligence claims. The defendants’ alleged negligence must…
In a personal injury lawsuit before the California Court of Appeal, a man alleged he suffered injuries when he slipped and fell at Dodger Stadium. The court analyzed whether the Dodgers had knowledge of a dangerous condition and could be held liable. Plaintiff Fernando Maravilla fell in an aisle during…
In a Court of Appeal case, the court analyzed the applicable Government Claims Act natural condition immunity statute in a case involving an accident at a campground in the Santa Cruz Mountains. Turning to policy considerations, the court stated that providing immunity for public places, particularly recreational areas, allows for…
Recently, the California Court of Appeal addressed the issue of forum, or the place of jurisdiction where a lawsuit involving an underlying car accident would be held. In this opinion, the issue was whether the lawsuit should be heard in Arkansas, the location of the accident, or California, where the insured individuals…
A recent opinion from the California Court of Appeal addressed the primary assumption of risk doctrine. This doctrine, applied to inherently dangerous activities, holds that there is no duty to eliminate the risks posed by the activity, but there is a duty not to unreasonably increase risks. In this case, the…
In a recent case before the California Court of Appeal, Second District, the appellate court addressed whether a hotel had adequate foreseeability of harm to plaintiffs injured during a protest. The court also examined whether an exception applied to the general rule that an employer is not liable for the acts of an…
The California Court of Appeal issued a recent opinion holding that a waiver of liability did not violate public policy when it was signed in consideration for room and board, and spiritual support for substance abuse. The court examined the benefits of upholding the waiver, particularly for organizations that provide help…