When you hear the phrase “premises liability,” one very understandable reaction might be, “What’s that?” Another is to assume that “premises liability” comes up only in situations where a person suffers a slip-and-fall or trip-and-fall accident at a place of business. The reality is that premises liability can cover a variety of scenarios, extending beyond just slip-and-fall and trip-and-fall injuries. If you have been hurt while you were on someone else’s property, you may have a case and an entitlement to compensation. Contact an experienced California injury lawyer to learn more. One example of this “other” type of premises liability...

Sometimes, the harm that results from an accident can be straightforward and immediately apparent. For example, a situation where a person trips, falls and breaks an ankle is just such a scenario. In other circumstances, though, the harm that is triggered by an accident may include damages that are not immediate. When yours is the latter type of scenario, you may still be entitled to recover compensation for all of the harm you suffered, as long as the accident was the “proximate cause” of all of that harm. For advice about proximate cause, foreseeability and representation in your accident case,...

In any complete settlement agreement, there is more within that document than just a payment term and a provision for a release of claims. These additional terms may seem to be a mere formality, but they can be very important. That is just one of many reasons why seasoned California personal injury counsel can benefit you, making certain that all of the terms (rather than just the dollar figures) properly protect your needs and interests. A recent California case is an example of the importance of these “other” terms. Christopher, a man who filed a personal injury lawsuit in Southern...

There can be many different ways to achieve a successful result in your injury case. Some of these favorable results may be achievable without even having to go to trial. If your opponent does not perform certain procedural tasks within the period established by the law, you may be able to obtain a “default judgment,” which can allow you to receive compensation just as if you’d had a full trial and won. Default judgments are just one example of the techniques available to help you with your case. A knowledgeable California premises liability attorney can provide you with the advice...

A tragic fire at an Oakland warehouse on December 3, 2016 has killed more than 30 people that were attending a concert.  The Oakland Fire Department continues to recover bodies and it is feared that the number of deaths could increase to as many as 40 to 50. The property where the fire occurred was a warehouse, known as Oakland Ghost Ship, that neighbors claim had been converted to a place where artists lived and worked.  However, the City had not permitted the building for residential use or for use as a concert venue.  The concert, Golden Dorma 100% silk...

The California Court of Appeal recently affirmed a jury award in a personal injury claim against a negligent truck driver and his employer. In this recent case, the plaintiff was rear-ended by the defendant, who was operating a vehicle in the course of his employment. The plaintiff brought suit against the defendants for the back injuries he sustained in the collision. Although the defendants admitted that they were responsible for the collision, they disputed the cause of the plaintiff’s injuries and the amount of his damages. Following a trial, the jury awarded the plaintiff over $2 million in damages. The...

In a victory for the plaintiffs, the California Court of Appeal for the Second District reversed an order by a lower court that had sustained a demurrer by the defendants in a wrongful death action. In the case, the plaintiffs brought suit against several defendants after their father was fatally injured in a construction accident. Their suit included a negligence claim against the property owners that hired the independent contractor employing their father to repair a damaged concrete wall on the premises. The plaintiffs alleged that by providing a forklift and entering into an agreement, the defendants owed a duty...

In a recent decision, the California Court of Appeals reversed a summary judgment order entered by the trial court against the plaintiff, thereby allowing the plaintiff to proceed with his personal injury action against a cable company. In the case, the plaintiff brought suit against the defendant after he sustained injuries tripping over a cable that had emerged from the ground in his yard. The defendant moved for summary judgment before trial, which the lower court granted on the basis that the defendant did not install the cable at issue, and therefore the defendant had no duty of care to...

A California Court of Appeals addressed the issue of whether a nonrelative resident exclusion provision in an insurance policy should be upheld or struck as contrary to public policy. In the case, the driver and his college roommate, a passenger in the vehicle, were involved in a motor vehicle collision. The roommate brought a personal injury claim against the driver and the other motorist as a result of the injuries he sustained in the accident. The driver’s insurance company filed a complaint for declaratory relief, alleging that the roommate was defined as an “insured” under the policy and did not...

A California Appeals Court has held that the victims of a pedestrian accident may proceed with their personal injury case against the city. In the case, the plaintiffs had pressed the pedestrian warning beacon at a crosswalk before crossing the street. As they proceeded to travel across the road, they were struck by a driver who did not see the warning beacon or the plaintiffs. The plaintiffs filed suit against the city, claiming that the pedestrian crosswalk was a dangerous condition on public property. The city moved for summary judgment, contending that it was covered by government design immunity. The...