QUESTION:
I traveled to the Dominican Republic and stayed in a motel room which had both an AC unit and a ceiling fan. Both were turned on when I checked in, and it was too cold. So I stood up to turn off only the AC. As I pressed the button and it did not work, I stood on the bed to try again. When I stood on the bed, I hit my head on the rusted metal ceiling fan which resulted to 3 stitches. I went to the hospital and came back to the room. During the night, as I went to grab the towel hanging from the bathroom door, I cut my fingers on the ceiling fan. I considered the first incident as stupidity on my part. But after the second incident, I realized that there is a possibility that the room was constructed with an unsafe design. I am looking for representation in this matter.
ANSWER:
In California Law, landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition. They are liable for an independent contractor’s negligence in performing that job “irrespective of whether the contractor’s negligence lies in his incompetence, carelessness, inattention or delay.” [Brown v. George Pepperdine Found. (1943) 23 C2d 256, 259–260, 143 P2d 929, 930]. A claim for injuries resulting from an alleged defect in the overall complex must be treated as a premises liability claim, turning on negligence. : Plaintiff may introduce evidence that a product failed to comply with industry standards to show a product defect (¶ 2:343). Additionally, compliance with industry standards may be a defense to a negligent design action.
However, we must also consider the fact the accident occurred in another state. With respect to out-of-state conduct, constitutional concerns other than due process come into play: Principles of state sovereignty and comity restrict a state from operating beyond its jurisdiction into another state, and thus prohibit a state from imposing economic sanctions on violators of its laws with the intent of changing the tortfeasors’ conduct in other states. This is so whether the out-of-state conduct was lawful or unlawful (tortious) in the state where it occurred. [See State Farm Mut. Auto. Ins. Co. v. Campbell (2003) 538 US 408, 421–422, 123 S.Ct. 1513, 1522–1523; BMW of No. America, Inc. v.Gore (1996) 517 US 559, 572–574, 116 S.Ct. 1589, 1597–1598]. : A cause of action that arose in another state (or foreign country) and that is time-barred under the laws of that jurisdiction may not be maintained in California (except by a plaintiff who has been a California citizen since the action accrued [McCann v. Foster Wheeler LLC (2010) 48 C4th 68, 85, 105 CR3d378, 389; Cossman v. DaimlerChrysler Corp. (2003) 108 CA4th 370, 378, 133 CR2d 376, 382]. It is best to seek personal assistance from a lawyer in order to guide you in filing your personal injury claim.
