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Premises Liability Archives

Shopping carts are a frequent source of injury for children

Shopping carts are a staple of virtually every retail space in Orange County, from grocery stores to clothing outlets. Despite their practicality, carts can pose a significant risk to children under certain circumstances. Resulting injuries can be quite severe, particularly when they involve the head or neck.

Swimming pool safety tips for summer

As summer rapidly approaches, Orange County homeowners may be in search of the best methods for keeping their swimming pools safe. This is especially important when children are on the premises, whether they live in the home or are visiting friends and relatives.

Can I sue my landlord for unsafe conditions?

As a tenant in California, your landlord must ensure that your living space is safe and habitable for all. So what happens when a property owner refuses to uphold those basic requirements necessary to create a safe home? Knowing your rights as a tenant is essential to this end, particularly when a landlord neglects a property to the point that it becomes dangerous.

Dog bites can be a premises liability issue in California

Premises liability lawsuits are often thought of in regards to someone getting injured on someone else's property due to a dangerous or hazardous condition. However, there are some situations in Orange County in which a dog presents that dangerous condition.

What is a storeowner's duty of care to customers?

In a situation where a customer slips and falls while on the premises of a retail store, and the fall results in compensable injury, the possibility for the victim to file a premises liability lawsuit against the storeowner exists. But to prove his or her case, what standard of care to ensuring the safety of its patrons does the plaintiff need to establish on the part of the store owner?

California premises liability law vs. sovereign immunity

It used to be that the expression "You can't fight city hall" carried more weight than it does today. That was because of a long-standing legal doctrine known as "sovereign immunity," which held that as a general rule it was difficult if not impossible to sue a government acting in that capacity, or a government agency.

Can schools be liable for a student’s injuries?

As any parent knows, accidents happen. Unfortunately, accidents can happen when your child is at school. Some accidents are truly just accidents, such as your child tripping in the hall or bumping his head on a desk. But what if your child is injured because of a dangerous condition on the school property? Can a school be legally responsible for these types of injuries?

What does “possession or control” mean for premises liability?

It can be tempting, when one considers the subject of premises liability, to think that the duty of care that extends to others on real property belongs to the owner of that property. But while it is true that a property owner does have a duty to maintain property in a reasonably safe condition, a closer examination of how California courts have interpreted premises liability law shows that property owners are not the only ones who owe such a duty.

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