Hogan Injury > Blog > Premises Liability

Premises Liability Claim: The Case of Hazardous Parking Lot

By | March 7th, 2013

QUESTION: My wife stepped into a pothole in the parking lot after shopping in a local store. Several witnesses or regulars said they had warned the store about the pothole but they have not repaired it. Can we hold the “chain” responsible for not repairing the parking lot? ANSWER: Property owners and managers are required to keep their property and premises free of dangerous conditions to prevent possible harm to customers, tenants and other users. Owners and managers of such premises may be liable for negligence under a premises liability.

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Understanding Dog Bite Statute in an Apartment Complex Setting

By | March 7th, 2013

QUESTION: I just moved into a new apartment and the management never notified me that my downstairs neighbor had 2 service dogs. During the process of moving, my brother and I met the downstairs neighbor as she was walking her dogs. She said they were her therapy dogs and asked us if we want to pet them. So we did. But without warning, the dog bit me on my arm. When I went to the management, they said they had prior knowledge that the dogs were dangerous, but never did.

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Compensation for Damages Sustained on Your Landlord’s Property

By | March 7th, 2013

QUESTION: How can I get my landlord to help pay for the medical bills? ANSWER: Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714]. Generally, a person who has suffered injury through the fault of another (e.g. negligence by landlord) is entitled to “be made whole”—i.e., to be restored insofar as is possible to his or her preinjury condition through a “compensatory” damages award [CC § 3281].

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Special Relationships & Liabilities of School District and Its Students

By | March 7th, 2013

QUESTION: Is the school liable for my son’s injury during a wrestling practice at his school? My son’s opponent made an illegal move (pile drive), and sent my son head first to the floor. My son sustained a spinal injury and he has not been the same since. ANSWER: There is a special relationship between a school district or its employees and students that imposes an affirmative duty on the district/employees to take reasonable steps to protect students from reasonably foreseeable risks of harm [C.A. v. William S. Hart Union.

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Business Liabilities of Wrongful Acts

By | March 7th, 2013

QUESTION: Does the landlord have liability for attack under fake security cameras? ANSWER: Businesses have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control, like parking lots, against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill].

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How Wrongful Acts of Employees Affect Employers

By | March 7th, 2013

QUESTION: After spilling a drink, my son was taken to the back steps used for staff and delivery and was given a “shove” down the stairs as he was being escorted by the bouncers out of the bar. His friends were at the exit waiting for him and didn’t see the push or the fall. Is the bar responsible for damages and the cost of my son’s treatment for the injuries caused by the bouncers? ANSWER: Under the doctrine of “respondeat superior,” an employer may be liable for an employee’s.

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Preserving the Integrity of the Claim

By | March 7th, 2013

QUESTION: I slipped off a broken uneven step outside the local post office and was immediately paralyzed with pain from a dislocated shoulder. After I slipped, an employee went out and salted the step, looked at me, and said I should get to the hospital. I was taken to the emergency where they took X-rays, and my arm was on a sling for 3 weeks. I have my wife and another person as witnesses to this incident. What are the steps I should take so that I could claim damages.

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Civil Liabilities For Those Who Provide Alcohol

By | March 6th, 2013

QUESTION: I went to a bar and they over-served me with alcohol. If I got into a car accident after I leave the bar, is the establishment responsible for the personal injury caused? ANSWER: Those who supply alcoholic beverages to a person may be liable for injuries sustained by that person or by third persons as a proximate result of the alcohol consumption. Liability is predicated on the general principle that persons are responsible for injuries legally caused by their willful or negligent acts [(CC § 1714(a)].

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