When we enter a store, business or other location, we may not understand that we are owed a duty of care. Most locations heed this without much consideration. However, sometimes owners of premises can fail to execute a safe environment or the property can be downright unsafe or dangerous. The ultimate result can be personal injury for the unsuspecting person to enter the premises.
Injuries that occur on the properties of others may be compensable under personal injury theories of law. Particularly, premises liability law relates to the responsibility of property owners and non-owner residents to keep land, buildings and other real property sites free of dangers and other hazards. When a California resident is hurt while visiting someone else's home, they may have the right to sue for the recovery of their damages.
To some extent, property owners in California can do what they want with the land that they own. While they may be restricted in terms of zoning ordinances and the covenants of their neighborhoods, a person who owns land has a fair amount of autonomy when it comes to how they use it. However, property owners have a duty to provide safe premises for those who are permitted to be on their land and, in some cases, must also ensure the safety of individuals who may come onto their properties without permission.
While some of the trips and spills that California residents take may be attributable to their own clumsiness, it is no uncommon for individuals to suffer falls as a result of the negligence of other people. Particularly, when individuals fail to maintain their properties in safe and orderly manners may victims suffer injuries as a result of preventable falls. This post will briefly discuss what victims of slip and fall accidents may choose to do after suffering harm, but as with all posts on this blog readers are encouraged to seek independent legal advice.
Baseball fans in California may remember a certain 2015 playoff game between the Dodgers and the Mets. While the Mets ultimately prevailed over the Dodgers, most people could agree that a fair game was played, and Dodgers fans ultimately looked forward to the next season in hopes of a victory therein. However, one Dodgers fan was seriously injured in a physical altercation after a 2015 playoff game and decided to pursue a legal claim against the Dodgers and the people he says attacked him.
The city of Newark has found itself paying nearly $400,000 after reaching a settlement agreement with patrons injured by a rotten tree in a city park. Multiple people were struck and injured by the tree when it fell after the city's failure to maintain it.
Summertime is right around the corner and that means crowded public pools for those seeking some relief from the heat. If the Emma Hood Swim Center does not quickly correct several ongoing safety and environmental issues, Alameda residents could be forced to look elsewhere for a public place to swim. The Alameda County Environmental Health Department will close the center at the end of May if the issues are not resolved. The swim center is approximately 60 years old.
A previous post on this blog described a tragic case in which a young child died at a California preschool program. While this happened at a public institution, the incident may raise concerns in the minds of many parents who drop their children off at one of the Bay Area's many child care facilities.
The parents of a three-year-old girl who died in a tragic accident while at her preschool have now sued both the preschool and the church that operated the school. The incident happened in Newark, an Alameda County suburb in the East Bay Area.
A previous post on this California blog talked about the elements of proving a negligence claim in a personal injury case, and specifically, a premises liability case. This post discussed how negligence is the ordinary standard, used in many different types of personal injury cases, judges or juries use to decide whether a party responsible for an accident will or will not have to pay compensation for an injury.