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Articles Posted in Premises 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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California Appellate Court Addresses Products Liability Argument in Amusement Park Injury Case

A state appellate court was recently tasked with deciding whether an amusement park could be held liable in a California product liability case after the plaintiff was injured while riding on a waterslide. The issue was whether the defendant amusement park was providing a service rather than a product. Ultimately,…

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Appellate Court Addresses Evidentiary Requirement in California Freight Train Accident

Recently, a California appeals court issued an opinion addressing a plaintiff’s evidentiary burden in a premises liability lawsuit. The appeal stems from a wrongful death lawsuit filed on behalf of a 16-year-old girl who died after a freight train hit her. The teenage girl routinely crossed a railroad to reach…

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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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California Appellate Court Discusses “Firefighter’s Rule” in Recent Personal Injury Case

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…

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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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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 Dismisses Appeal Against Ski Resort for Snowboarding Accident

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,…

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California Appellate Court Determines Yoga Instructor Did Not Violate Duty of Care in Recent Personal Injury Case

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…

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Case Reinstated Against Restaurant After Customer Bitten by Spider

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…

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