When someone is injured as a result of another’s risky or negligent behavior, state law allows them to bring a California personal injury suit to recover for their injuries. In order to establish liability in California, the plaintiff must prove the elements of negligence. First, the plaintiff must prove that…
Recently, the California Court of Appeal reversed a trial court judgment in favor of the defendants that had granted their motion for summary judgment on the plaintiffs’ negligence allegations. After a victim suffered injuries at work and eventually died, the relatives brought a negligence claim against his employer and another…
In a California premises liability case involving whether the trial court properly applied the Medical Injury Compensation Act’s (MICRA) one-year statute of limitations for professional negligence, the appellate court held that it had been an error to apply the one-year statute of limitations for professional negligence. The court assessed whether the…
In an appeal before the Second Appellate District, the California Court of Appeal addressed an appeal brought by the City of Long Beach after the lower court awarded $99,000 in pain and suffering damages to the 81-year-old plaintiff in a Southern California trip and fall case. After reviewing the jury’s…
In a lawsuit for negligence and premises liability, the California Court of Appeals concluded that the trial court properly granted summary judgment in favor of the defendants because they had no notice of the allegedly dangerous condition. In this opinion, the court analyzed the elements of a premises liability claim and…
The California Court of Appeal, Second District, affirmed a verdict in favor of the City of Los Angeles after an injured individual alleged the City had been negligent and was liable for injuries sustained while walking on a public sidewalk on West 89th Street. Turning to the notice requirement set forth…
Recently, a California Court of Appeal issued an unpublished opinion in a premises liability and negligence lawsuit brought by an individual who suffered a serious fall in an AMC movie theater bathroom. The appellate court, on review, assessed whether the plaintiff’s evidence showed conduct constituting negligence, based on premises liability.…
The California Court of Appeal recently addressed whether the owner of a restaurant owed a duty to protect against harm caused by removing a snow grate. In this opinion, the court emphasized the balancing test of the foreseeability of harm against the burden imposed on a proprietor to protect against…
In a recent unpublished opinion regarding an underlying premises liability lawsuit, the California Court of Appeal upheld a judgment in favor of a Southern California supermarket chain after the plaintiff alleged a defective floor caused her to slip and fall and suffer injuries. The court reviewed the evidence presented before…
In a recent opinion, the California Court of Appeals upheld summary judgment in favor of a fitness center following allegations of gross negligence after an individual slipped and fell in the shower facilities. The court held there were no genuine issues of material fact, and the Release and Waiver of Liability…