Earlier this month, a state appellate court issued a written opinion in a California premises liability lawsuit discussing the element of causation and which evidence must be presented to survive a defense challenge for summary judgment. Ultimately, the court concluded that the defendant met his initial burden of showing that the plaintiff would be unable to establish causation, and the plaintiff failed to present any evidence to the contrary. Thus, the court held that the plaintiff’s case was properly dismissed.
The Facts of the Case
The plaintiffs lived in a second-floor apartment in a building owned by the defendant. One day, a fire started in the plaintiffs’ apartment, causing several of the tenants to suffer burn injuries. The plaintiffs filed a premises liability lawsuit against the landlord, claiming that a wall heater in the apartment was defective.
The defendant presented two experts who testified that the cause of the fire was the wall heater. However, neither expert could definitively say whether the wall heater was defective or whether combustible material – such as a blanket or couch – was placed too close to the heater. The plaintiffs did not present any evidence during the motion.