Similar to Slip and Fall Cases
Having dealt with slip and fall accidents in Orange County for decades I wanted to share information about a recent settlement, which at the time was the largest pretrial settlement in California history. The amount awarded to the plaintiff in this case was $47.5 million.
Not long ago (2012) a boy his family were camping in San Mateo County Park and a rotten tree at the campsite fell on the boy as he slept, causing massive injuries and necessitating dozens of surgeries, including amputation. The boy and his family sued the County, claiming that the contractor hired to inspect County parks for potentially hazardous trees, Davey Tree, was negligent. In addition they also sued Pacific Gas & Electric (PG&E) for failure to maintain areas around the power lines owned by that company. Ultimately, San Mateo County and PG&E agreed to a settlement.
A fallen tree may fall under premises liability
Regardless of the particulars of this case, and the fact that the settlement was one of the largest in history, this case is a prime example of the concept of premises liability. As I detailed on the slip and fall attorney page of this website, premises liability comes into play when an injury or accident befalls someone on another person’s property. The owner of that property—or indeed, any property—has a duty under the law to anticipate potential injury that may occur due to something or some condition on the property. Furthermore, the property owner has a duty under the law to remove such hazardous conditions. Failure to do so may constitute negligence on the part of the property owner.
Premises liability was indeed the approach the plaintiff’s lawyers would have taken had the case gone to court instead of being settled out of court. The fact that the settlement was as large as it was also touches on another aspect I’ve addressed in these pages: the reasoning behind personal injury awards. Courts and juries will take into account things like pain and suffering and emotional distress in determining how much to award a personal injury victim. A multimillion dollar award similar to the amount here would reflect the severity of the victim’s injury. In this case the injured boy underwent 30 surgeries and lost a leg, buttock and pelvis in the course of doctors’ efforts to save his life.
The same principles apply no matter where we live and potential for injury exists anywhere and anytime. Property owners—and for me as an injury attorney in Tustin that means Orange County property owners specifically—need to remain constantly aware about the conditions of their respective properties. It’s unfortunate that accidents do occur, but it’s doubly unfortunate, and in fact a breach of duty, when those accidents occur due to someone’s negligence.
If you have suffered an injury on the property of another party and are seeking experienced legal help, please call the offices of Kyle Scott Law in Tustin, California at 714-544-1460. It takes a seasoned slip and fall attorney to protect the rights and secure justice for those hurt in premises liability cases. Whether it’s a slip and fall injury, trip and fall, or like the above-mentioned case a tree falling, the attorney you choose should be well-versed in this area of law. I am. I’m Kyle Scott and I welcome the opportunity to evaluate your premises liability case.