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Southern California Injury Lawyer Blog

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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…

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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…

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California Court of Appeal Opinion Holds Wooden Walkway in Santa Monica Constitutes “Trail,” Providing the City with Immunity from Liability

The California Court of Appeal recently addressed the issue of whether the City of Santa Monica was liable for injuries sustained by a woman walking near the Santa Monica Pier.  In this lawsuit, the City contended it was immune from liability under the Government Code section providing that public entities are…

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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…

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California Court Holds Employee’s Negligence Claim Against Employer Barred by Workers’ Compensation Act

Recently, a California Court of Appeal addressed the issue of whether the California Workers’ Compensation Act barred a negligence claim brought by an injured employee against his employer for negligence.  In this opinion, the appellate court looked at whether the claim arose out of and in the course of employment, and…

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California Court of Appeals Rejects Sanctions Against Defendant in Personal Injury Lawsuit Because Second Summary Judgment Motion was not “Objectively Unreasonable”

Recently, the California Court of Appeal addressed the issue of monetary sanctions in a personal injury lawsuit involving allegations of negligence against multiple defendants..  One defendant moved for summary judgment, and after the plaintiff amended his complaint, the defendant moved again for summary judgment. The lower court found the motions…

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California Court Holds Primary Assumption of Risk Bars Negligence Claim in Recreational Swimming Pool Accident Lawsuit Because Swimming Presents Inherent Risk of Drowning and Injury

Recently, the California Court of Appeal reviewed a grant of summary judgment in favor of a community college after a recreational swimming student brought a lawsuit against the college for negligence related to an incident that occurred when he was swimming recreationally at the college pool.  In this opinion, the…

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California Appellate Court Affirms Judgment in Favor of Town When Plaintiffs Failed to Create Triable Issue of Fact Regarding Dangerous Condition of Property

Recently, the California Court of Appeal reviewed a judgment in favor of the Town of Moraga in a premises liability case.  In this opinion, the court addressed the plaintiffs’ claims that the Town had maintained a dangerous condition of public property related to a barricade near a street parade for…

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California Court of Appeal Holds that Maintaining Overflow Parking Lot Across Street From Church and Directing Invitees to Park in Lot Exposed Church Invitees to Risk of Harm Crossing Street

In a recent case before the California Court of Appeal, the court addressed whether a church exposed invitees to an unreasonable risk of injury when it located an overflow parking lot across a busy street without a marked crosswalk or traffic signal.  In this case, the court reviewed the order…

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California Appellate Court Affirms Judgment in Favor of City When Plaintiff Failed to Show Knowledge of Dangerous Condition of Sidewalk

A California Court of Appeal recently addressed a lawsuit involving allegations of a dangerous condition on public property.  At issue in this opinion was whether the defendant, the City of Burbank, had notice of the alleged dangerous condition – an uneven sidewalk.  The court reviewed the allegations under the Government Claims Act, which…

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