Articles Posted in Premises Liability

When you hear the phrase “premises liability,” one very understandable reaction might be, “What’s that?” Another is to assume that “premises liability” comes up only in situations where a person suffers a slip-and-fall or trip-and-fall accident at a place of business. The reality is that premises liability can cover a variety of scenarios, extending beyond just slip-and-fall and trip-and-fall injuries. If you have been hurt while you were on someone else’s property, you may have a case and an entitlement to compensation. Contact an experienced California injury lawyer to learn more.

One example of this “other” type of premises liability injury took place recently here in San Mateo County. A 12-year-old boy and his family were camping in the San Mateo County Memorial Park when a 72-foot-tall tree fell on his tent. The early morning tree collapse was allegedly the result of a fungus that left the diseased tree rotten and unstable. In order to save the boy’s life, doctors amputated one of his legs and part of his pelvis.

The boy sued for premises liability. A premises liability case, whether it is a slip-and-fall, trip-and-fall or a case like this one, requires you, as the injured person, to give the court proof that the person/entity you sued is liable through negligence. In other words, you need proof that the person or entity who owned or controlled the property either acted improperly or improperly failed to act and that your injury was the reasonably foreseeable result of that negligence.

There can be many different ways to achieve a successful result in your injury case. Some of these favorable results may be achievable without even having to go to trial. If your opponent does not perform certain procedural tasks within the period established by the law, you may be able to obtain a “default judgment,” which can allow you to receive compensation just as if you’d had a full trial and won. Default judgments are just one example of the techniques available to help you with your case. A knowledgeable California premises liability attorney can provide you with the advice and representation you need for pursuing default judgments or any of the other options available to you under the law.

One example of a successful default judgment case was the one filed by Rita, a tenant in Los Angeles County. One day, Rita slipped and fell on a puddle of water, injuring herself. Rita decided to sue her landlord for premises liability, asserting that the area of water was a result of a leakage from defective plumbing. The plumbing leak was a result of the landlord’s failure to repair the defect, which made him liable for the woman’s injuries, according to the plaintiff’s lawsuit.

The landlord was served with court papers on March 20, 2015. The requirement was completed by a registered process server who personally served the landlord. The landlord admitted that he received these papers. Eleven months later, Rita served the landlord with additional papers containing her statement of damages. Again, the landlord was personally served by a registered process server. Those papers stated that the tenant was seeking more than $80,000 in damages.