Making Sure that You Avoid All Statutory Immunity Traps that Could Take Down Your California Injury Case

In any type of personal injury circumstance, there are several things of which you must be aware, and several “landmines” that you must be careful to avoid as they can destroy your case. Any time you are injured, an essential part of the process is identifying the person or entity responsible. However, it is equally important to be certain the party you identified is one from which you can obtain compensation. There are various statutes that state that, in certain situations, particular entities are completely immune from liability, meaning that you cannot obtain a judgment against them and cannot obtain the compensation you need from them. If you’ve suffered an injury in an accident in Northern California, you should be sure to retain an experienced California injury attorney to represent you and give your side the strong advocate you need.

Some injury cases can arise from relatively unusual circumstances. Just because your accident is not typical, don’t mistake that to mean that you cannot sue and cannot win an award of damages. Consider the case of M.A. M.A. was a member of her college’s interscholastic beach volleyball team who was hurt while competing. Her team was playing in a tournament at a college in San Diego County when M.A’s knee allegedly struck a rock in the sand. The impact of the woman’s knee with the rock caused her to suffer an injury, according to her complaint. The woman sued the college that hosted the tournament for negligence and premises liability. She later removed the premises liability claim and added one for “dangerous condition of public property.” The college asked the trial judge to throw out the case based upon something known as “field trips and excursions” immunity.

The trial judge agreed with the college that the statutory immunity for field trips and excursions applied to the woman’s circumstances, meaning that the case must be dismissed. The appeals court, however, explained that this was incorrect. The appeals court made it very clear that the statutory immunity extended to field trips and excursions did not apply to situations where a member of a visiting team is injured during an intercollegiate athletic event. When an institution provides the facilities to be used in the athletic event, its duty to provide safe facilities extends to all players in the event, not just those who are students of the host school.

This meant that the dismissal was improper and M.A.’s case was revived and sent back to the trial court.

While it may be unlikely that your injury will occur while taking part in a college beach volleyball tournament, there are a great many ways in which you can be injured while on the property of someone else. When that happens, it is vital to be sure you have a case that can lead to fair compensation, and won’t be derailed by statutory immunity or other defense roadblocks. For your injury-related legal needs, rely upon the knowledgeable San Mateo personal injury attorneys at the Law Offices of Galine, Frye, Fitting & Frangos. Our attorneys have been helping injured people for many years. To set up a free consultation with one of our experienced attorneys, contact us at 650-345-8484 or through our website.

More Blog Posts:

Proving Legal Duty and Foreseeability in Order to Achieve Success in Your California Premises Liability Case, San Mateo Injury Lawyers Blog, Published September 28, 2018

What is Respondeat Superior and How Can it Help Me in My California Premises Liability Case?, San Mateo Injury Lawyers Blog, Published August 31, 2018