Recently, a California Court of Appeal affirmed a jury’s finding that the defendants in a premises liability lawsuit had not caused the plaintiffs’ alleged injuries. In this case, the court found that the jury did not err in holding that the landlords had been negligent, but their conduct had not been a substantial…
Articles Posted in Personal Injury
Man Injured in Fall on Steps Outside Apartment Not Entitled to Future Damages; California Court Holds Jury’s Award was Supported by Substantial Evidence
In this recent opinion, the California Court of Appeals addressed an appeal brought by the plaintiff in a personal injury lawsuit following a fall from the steps outside his apartment complex. The court reviewed the rules of law concerning damages and held that substantial evidence supported the jury’s award. Plaintiff…
California Court Holds Injured Woman’s Legal Claim Fails Because Concrete Slabs in Patio Did Not Pose Hazard to Reasonable Person
In a recent appeal of an underlying premises liability lawsuit, a California court affirmed a judgment in favor of the owner of a winery after the injured plaintiff alleged she fell and suffered injuries. Noting that there is no bright line rule regarding whether a condition is dangerous or defective,…
California Appellate Court Affirms Judgment and Punitive Damages Award in Favor of Man Assaulted and Injured in Venice Restaurant
In this recent opinion, a California Court of Appeal affirmed a judgment in favor of an injured individual who brought a lawsuit against a man who allegedly attacked him at a restaurant in Venice, California. The injured plaintiff also sued the restaurant, the security guard, and the company for which he…
California Court Upholds Verdict in Favor of Injured Explosion Victim Against Owner/Builder of Property
Recently, the California Court of Appeal addressed whether an individual who hired a pool contractor to build a pool and spa at his home was negligent and liable for injuries suffered by one of the contractor’s employees. In this case, the court reviewed whether the evidence supported a determination that…
Defendant Property Owner Not Liable for Fatal Injuries to Tree Trimmer; California Appellate Court Affirms Judgment Holding No Breached Duty of Care
The California Court of Appeal recently affirmed a judgment in favor of the defendants in a lawsuit following a fatal accident. The appellate court found that the plaintiffs had not met their burden of showing an element of their negligence claim, the breach of a duty of care, and it…
California Court Finds Landlord Did Not Owe Duty of Care in Lawsuit Following Drowning Accident
In a personal injury lawsuit following a devastating drowning accident of two toddlers, the California Court of Appeal affirmed the lower court’s grant of summary judgment in favor of the defendant landowner. The issues before the court in this appeal included standing, or the ability of the plaintiff to pursue…
California Appellate Court Holds No Liability for Contractor in Slip and Fall Lawsuit, Due to “Accepted Work” Doctrine
In a premises liability case, the California Court of Appeal recently reviewed whether a contractor that performed tile work for a property management company could be held liable for injuries suffered by an individual who slipped on the wet tiles. After slipping and falling, the plaintiff in this case brought a lawsuit against…
California Court of Appeal Affirms Holding in Favor of City Because Minor Defect in Sidewalk was Trivial
Following a judgment in favor of the City of Berkeley and a company that owns a market, the California Court of Appeal recently issued an opinion in a trip and fall lawsuit. The issue before the court was whether the defect in the sidewalk, a three-quarter of an inch offset, constituted…
California Court of Appeal Finds Plaintiffs Failed to Show Unsafe Condition and Landlord Duty Regarding Water Heater Temperature Responsible for Burns
In a recent opinion, a California Court of Appeal analyzed whether a lower court properly dismissed a plaintiff’s allegations of negligence concerning a landlord’s failure to discover the high temperature of the water heater and reduce that temperature. The plaintiffs claimed that their expert testimony had been limited, resulting in prejudice, and…