Recently, the California Court of Appeal held that the defendant in a personal injury lawsuit could not be held liable because they did not own the property on which an alleged dangerous condition caused the victim’s death. California law requires that to be liable for a dangerous condition, one must own or…
In a recent California Court of Appeal case, the court addressed whether governmental immunity applied to bar the personal injury claims brought by the parents of a fatally injured student bicyclist. Government Code section 831.4. provides a recreational trail immunity, and on appeal the issue was whether the causes of…
In a recent case before the California Court of Appeal, the court addressed the doctrine of primary assumption of risk as it applies to an employee injured in their line of work. The court discussed the fireman’s rule and the veterinarian rule to explain that there is no duty of…
In a recent case before the California Court of Appeal, the court addressed the liability of the proprietors of a horseback riding ranch for an accident involving a rider and a known “bad” horse. In assessing the duty owed by the ranch owners, the court reviewed case law concerning assumption…
In a personal injury case involving allegations of negligence on the part of the County of San Diego, the California Court of Appeal addressed whether the government was liable for injuries suffered by a teenager using a rope swing located in an open space area. Government Code section 831.7 provides…
California law provides a remedy for injuries due to a landowner’s action or inaction if it creates an unreasonable risk of harm. In these premises liability cases, courts may interpret the extent of the injury and whether it was foreseeable that the victim would be harmed. A California Court of Appeal…
In a recent case involving the assumption of risk doctrine, the California Court of Appeals addressed whether the Haunted Hotel breached their duty to a patron who fled from fear and was injured while running. Assumption of risk is based on the theory that an individual assumes a risk inherent…
In a recent case before the California Supreme Court, the issue centered on government liability for injuries caused by a dangerous condition on property. Government Code section 835 provides that a public entity can be held liable for an injury if that injury is proximately caused by a dangerous condition on its…
A recent negligence and premises liability case before the California Court of Appeals centered on whether an exception applied to the general duty of care. A possessor of land owes a duty to use reasonable care to maintain their property, even in the presence of a dangerous condition caused by…
In a premises liability case before the California Court of Appeal, the court reversed a grant of summary judgment based on the remaining triable issue of whether an employee’s injury arose out of and in the scope of his employment. Monnie Wright worked as a correctional officer at San Quentin State…