Earlier this month, a state appellate court issued a written opinion in a California personal injury case involving the question of whether a landlord of a building that rents space to a health club has a duty to ensure that the club has a defibrillator device on hand. Ultimately, the…
Articles Posted in Premises Liability
Establishing Liability in California Premises Liability Claims
As a general matter, California landowners have an obligation to ensure that their property is safe for those whom they invite onto their land. The extent of the duty owed by a landowner to a visitor depends largely on the relationship between the parties and the reason for the guest’s…
California Court Finds Parking Lot Owner Not Liable for Aggressive Driver’s Actions
Earlier this month, a state appellate court issued a written opinion in a California car accident case involving the aggressive actions of a third party and how they can affect a defendant’s liability. Ultimately, the court concluded that the unpredictable actions of a third party precluded a finding of liability,…
Court Affirms Denial of Tenants’ Premises Liability Lawsuit Against California Landlord
Earlier this month, a state appellate court issued a written opinion in a California premises liability lawsuit discussing the element of causation and which evidence must be presented to survive a defense challenge for summary judgment. Ultimately, the court concluded that the defendant met his initial burden of showing that…
California Court Discusses Hotel’s Duty to Guest in Recent Personal Injury Case
Earlier this month, an appellate court issued a written opinion in a California premises liability case requiring the court to discuss under which circumstances a person who attempts to come to the aid of another person, but fails to help them, can be held responsible for any preventable injuries. The…
Federal Appellate Court Discusses Validity of Accident-Release Waiver in California Ski Resort Injury Case
California is fortunate to have some of the most diverse and beautiful scenery in the country. Not only does the state’s landscape provide for excellent sight-seeing, it also gives the more adventurous the opportunity to engage in a wide range of recreational activities. From swimming and surfing to skiing and…
California Court Discusses the Scope of Church’s Duty to Parishioner in Recent Premises Liability Case
Earlier this month, the state’s supreme court issued a written opinion in a California premises liability case brought by a man who was seriously injured as he was crossing the road from an off-site parking lot to the defendant church. The case required the court to determine whether the church…
California Premises Liability Case Dismissed on Appeal for Failing to Raise Alternative Theory of Liability at Trial
Earlier this year, the Court of Appeal for the Second Appellate District issued a written opinion in a California premises liability lawsuit discussing the rule of appellate procedure that any grounds cited on appeal must have been raised at trial. Ultimately, the court affirmed the lower court’s decision to dismiss…