Recently, the California Court of Appeal ruled in a negligence and premises liability lawsuit involving whether the defendant had notice of any dangerous condition. Premises liability claims require that in addition to showing the elements of a negligence claim (duty, breach, causation, and damages), there must also be a showing…
Recently, the California Court of Appeal addressed whether a raw materials supplier of mineral spirits was entitled to a defense from tort liability, the component parts doctrine. In this case, the distributor provided a product used in a cleaning solvent that allegedly caused the plaintiffs’ leukemia. The component parts doctrine allows suppliers…
In a recent appeal, the California Court of Appeal addressed whether a personal representative in a wrongful death lawsuit represents the heirs in the proceeding. While a personal representative may have interests that align with the interests of a particular heir, the rule is that their duty is to stand in…
The California Court of Appeal addressed a complication arising from a statute providing the government with compensation after paying for the medical treatment of tort victims. Government Code section 23004.1 gives counties a right of action against the tortfeasor, as well as a lien against judgments secured by the injured person against the tortfeasor.…
In a recent case before the California Court of Appeal, the court addressed the duty owed by a property owner to individuals on their premises. Generally, a property owner owes a duty to avoid posing foreseeable dangers to those lawfully on their property. One exception is if the property owner had no…
The California Court of Appeal recently addressed a jurisdictional issue relating to personal injury claims concerning stray voltage from or returning to electrical substations. The issue on appeal was whether the Public Utilities Commission had exclusive jurisdiction over the plaintiff’s allegations of harm. The court relied upon the California Supreme…
In a California Court of Appeal case, the court addressed a personal injury lawsuit stemming from a motor vehicle accident. Having brought claims of negligence, strict products liability, and breach of warranties, the couple suing the car manufacturer appealed the decision of the lower court to deny their exclusion of evidence…
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, the California Court of Appeal addressed whether the City of San Francisco properly placed a lien on settlement proceeds for the recovery of medical care costs provided to an injured victim of an accident. The City paid for the victim’s medical care when he was hit…