In April of 2019, a state appellate court issued a written opinion in a California premises liability case discussing the application of the state’s “firefighter’s rule.” Ultimately, the court concluded that the case did not implicate the firefighter’s rule. The firefighter’s rule is an exception to the general rule that…
Earlier last month, a state appellate court issued a written opinion in a California car accident case discussing whether an employer could be held vicariously liable for the allegedly negligent acts of an employee. The court ultimately concluded that vicarious liability was appropriate, and allowed the plaintiff’s case to proceed…
In a recent case before a California appeals court, the plaintiff claimed that a California ski resort was liable for the serious injuries she sustained in a tragic snowboarding accident at the resort. According to the court’s opinion, the woman collided with a snowcat that was pulling a snow-grooming tiller,…
Recently, a state appellate court issued a written opinion in a California personal injury case involving a plaintiff who allegedly sustained a serious injury after taking a yoga class from the defendant instructor. Ultimately, the court concluded that corrections the yoga instructor made to the plaintiff’s poses during the class…
California insurance companies may try to avoid defending personal injury claims against an insured by arguing that the conduct does not fall under the insured’s policy. This can greatly reduce a plaintiff’s chance of recovering for their injuries, because many defendants do not have adequate resources to fairly compensate plaintiffs…
In a recent California personal injury case, the plaintiff brought a premises liability claim against a restaurant after she was bitten by a spider while eating lunch there. The plaintiff had been eating lunch with a friend on a patio when a spider bit her on her back. She was…
Motorists have a responsibility to drive carefully, and also to respond to dangerous situations in a reasonable manner. In a recent California personal injury case, the court explained what the “sudden emergency doctrine” is and how it may be applied to excuse a motorist’s reaction to a sudden, unexpected event.…
Self-driving, or semi-autonomous, cars are becoming a reality in some states. Although proponents tout the technology as safe, recent incidents have raised concerns and brought up new questions concerning liability in the event of a California car accident. One question that often arises is who is at fault in a…
While some California motorcycle accidents present a situation in which one party is clearly the victim and another clearly at fault, it is common for the parties involved to each be partially at fault. In California, courts apply the “pure comparative fault” method when determining which parties are entitled to…
In California personal injury cases, there are two types of damages awards. The first type, compensatory damages, attempts to put the plaintiff in the position in which they were prior to being involved in the accident. The second type, punitive damages, is less common and focuses on deterring especially bad…