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Articles Posted in Government Liability

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What Is the Federal Tort Claims Act and How Does it Affect California Injury Victims?

When you are injured by the actions of someone who works for the government, you may have a claim for compensation following your injury. The Federal Tort Claims Act (FTCA) allows for private citizens to bring lawsuits against the United States for damage or loss of property, injury, or death…

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Trail Immunity in California Personal Injury Cases

California’s beautiful weather year-round means people are always taking advantage of all of nature and recreational activities available outdoors. Whether you prefer to hike, bike, or just enjoy a local walking trail, there’s something for everyone. These outdoor recreational spaces, however, can sometimes pose unknown or unexpected dangers. However, when…

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California Appellate Court Issues Evidentiary Ruling in Personal Injury Claim Against the City of Los Angeles

Recently, a young woman who was struck and suffered serious injuries in a crosswalk filed an appeal in a lawsuit against the City of Los Angeles (the City). According to the court’s opinion, the high school sophomore was hit by a car in a crosswalk while she was walking to…

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California Court of Appeals Rejects Trip and Fall Lawsuit

Under California premises liability law, landowners and public entities can be held responsible for dangerous conditions that result in injuries or death to another person. In order to successfully hold a property owner accountable for an injury-causing hazard, however, certain requirements must be met. In a recently published decision, the…

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Court Discusses Scope of Permissible Impeachment Testimony in Recent California Bus Accident

In a recent written opinion, a California appellate court discussed when evidence from an expert witness who is not on a party’s expert-witness list can be considered in a personal injury claim. According to the court’s opinion, in 2013 the plaintiff was an incarcerated in a county jail and was…

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California School District Escapes Liability in Carnival Injury Case

In a recent state appellate opinion, a California appellate court dismissed a plaintiff’s claim that arose after the plaintiff was injured at a carnival which was held on school grounds. The issue before the court was whether the school district could be held liable based on the placement and operation…

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Federal Court Overseeing California Considers Whether Time Limits Should Be Extended for Minors in FTCA Claims

In a recent opinion, a federal appeals court was tasked with deciding whether a plaintiff whose Federal Tort Claims Act (“FTCA”) claim was not properly filed as a minor could file his claim beyond the statute of limitations. The case is a precedential decision for cases in the court’s jurisdiction,…

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California Appellate Court Considers City’s Liability for Faded Crosswalk in Personal Injury Case

A California appellate court recently considered a case in which a plaintiff claimed that the city was at fault for failing to repaint a city crosswalk. The plaintiff sued the city of Salinas, California after she was hit by a car while walking across the street. The plaintiff was in…

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Court Determines College Is Not Immune from Lawsuit Under California Field Trip Exception

In a recent case before a California appeals court, the court considered whether a public college hosting a volleyball tournament could be held liable in a California premises liability claim for an injury suffered by a visiting athlete. The Facts According to the court’s opinion, the plaintiff attended Los Angeles…

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California Court Discusses Design Immunity in Recent Personal Injury Case Filed Against Caltrans

Recently, a state appellate court issued a written opinion in a California car accident case discussing the potential liability of Caltrans in a design defect lawsuit brought by motorists injured in an accident that they claim was caused in part by Caltrans’ decision not to include rumble strips along the…

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