Legal Insights

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 …

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 …

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 …

A popular Orange County theme park has responded to customer lawsuits by initiating changes to its rides and facilities. When confronted by allegations of hazardous conditions, management of the park took immediate steps to repair or completely renovate the ride or area of the property where accidents and injuries could occur. Unfortunately, owners of a …

Generally under California law an owner or occupier of land owes a duty of reasonable care toward others who are on the property; a failure to exercise such reasonable care to avoid foreseeable injury can result in the owner or occupier becoming liable under the legal theory of premises liability. Owners and occupiers of property …

For many years the law in California that governs a property owner’s liability adhered to the precept that the legal status of the person who was injured on the property made a difference. The law classed people who entered onto the property of another into categories such as “invitees” or “licensees” or “trespassers” — all …

When we think of environmental contamination and dangerous chemicals in schools, we generally don’t picture upscale areas like Malibu, California. However serious health concerns have recently arisen at Malibu High School that have prompted action by school district officials. Four teachers at the school, which has 1,100 students spanning grades six through 12, have reportedly …

In our most recent post we introduced a study about the high number of injuries sustained by children because of amusement rides. More than 92,000 children ended up in emergency rooms between 1990 and 2010 for ride-related injuries. The report also found that the majority of these injuries result from falls. Such a fall may …