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Date: 03-01-2024
Case Style:
Case Number: 5:22-cv-04889
Judge: Nathanael M. Cousins
Court: United States District Court for the Northern District of California (Santa Clara County)
Plaintiff's Attorney: Neil Pi Berman
Defendant's Attorney: San Jose, California insurance defense lawyer represented the Defendant.
Description: San Jose, California personal injury lawyer represented the Plaintiff who sued on a premises liability negligence theory.
This case was filed in the Santa Clara County Superior, 21CV392500, and was removed to federal court by the Defendant.
Premises liability laws in California are based on negligence, which is represented under Civil Code §1714(a). In a premises liability claim, the claim requires factual elements that will demonstrate the victim was harmed as a result of the defendant’s property management. The elements demonstrated will include:
The accused party owned, occupied, leased, or controlled the premises;
The accused party was negligent in the maintenance or use of the property;
The claimant was injured; and
The accused party’s negligence was a substantial contributor in causing the victim’s injury.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: