Defendant's Attorney: Katherine M Harwood and Patrick Joseph Gibbs
Description: Santa Ana, California personal injury lawyer represented Plaintiff who sued Defendant on a premises liability negligence theory.
This case was filed in the Orange County Superior Court, 30-02023-01321116-CU-PO-NJC and was removed to federal court by the Defendant.
California premises liability law is a set of legal rules that govern the liability of property owners for injuries that occur on their property. Under California law, property owners have a duty to keep their property in a reasonably safe condition for all lawful visitors. This means that property owners must inspect their property regularly for hazards, repair or remove any hazards that they discover, and warn visitors of any known hazards that they cannot be reasonably expected to discover on their own.
If a property owner fails to meet their duty of care and someone is injured as a result, the property owner may be liable for the victim's damages. The types of damages that may be recoverable in a premises liability case include medical expenses, lost wages, pain and suffering, and emotional distress.
There are three categories of visitors under California premises liability law: invitees, licensees, and trespassers. Invitees are those who are invited onto the property for the business of the property owner. Licensees are those who are permitted onto the property for their own purposes, but not for the business of the property owner. Trespassers are those who are not permitted onto the property at all.
The property owner owes a higher duty of care to invitees than to licensees or trespassers. This means that the property owner must take more care to keep the property safe for invitees than for licensees or trespassers.
To prove a premises liability claim in California, the victim must show that:
The property owner had a duty of care to the victim.
The property owner breached their duty of care.
The victim was injured as a result of the property owner's breach of duty.
The victim suffered damages as a result of their injury.
If the victim can prove all of these elements, they may be able to recover damages from the property owner.
Here are some examples of premises liability cases in California:
A customer slips and falls on a wet floor at a grocery store.
A guest is injured when they trip over a broken step at a friend's house.
A worker is injured when they are struck by a falling object at a construction site.
If you have been injured on someone else's property in California, you should speak to an experienced personal injury attorney to discuss your legal options.
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Outcome: Settled for an undisclosed sum and dismissed with prejudice.
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Defendant's Experts:
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