Recently in Premises Liability Category

June 18, 2010

Fatal California Building Explosion Causes Substantial Damage

A deadly explosion at a California commercial building has left one person dead and severely injured at least two others.

The explosion made a large hole in the building's roof, and firefighters immediately evacuated the surrounding area.

The cause of the accident is still under investigation. Although it is unknown what caused the explosion, when significant injuries and fatalities occur on another's property many questions are raised about the safety of the premises.

Generally, the owner or operator of a premises - such as a store, a building, a park or even a home - has a duty to keep the property reasonably safe and to provide warnings of dangerous conditions he knows of or should have been aware of.

Where the owner knows about a dangerous condition, but fails to provide any warning, he may be responsible for any injuries that occur on the premises - including medical costs, lost wages and pain and suffering.

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January 29, 2010

California Law: Dog Bites and Owner Liability

Experiencing a dog bite attack can be a very traumatic experience, oftentimes resulting in serious personal injury. California law used to mandate that the owner of the dog have notice of the dog's propensity to bite. No longer as California law did away with the "One Bite Rule". Now, if you are bitten by a dog the owner of that dog is responsible for your personal injuries regardless of the dog's history. It may very well be the first time that dog has ever bitten someone. That fact no longer matters as the owner is still liable for your damages.

A complexity I often see is when the owner of the dog rents the house in which they reside. This is a problem in that a renter will either a) not have insurance or b) have insurance that doesn't cover this type of incident. There are numerous elements that need to be established to hold a landlord liable for the acts of the tenant's dog in a bite situation.

Regardless, the assistance of an attorney is beneficial in both situations to preserve evidence of the attack, determine the coverage applicable to the owner of the dog, and to make sure you get proper compensation for your damages when you are bitten by a dog.

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