Practice Areas

Premises Liability Litigation

Tyson & Mendes aggressively defend premises liability claims brought against owners, operators, and managers of companies and commercial properties.

Representing a wide array of property owners such as apartment complexes, commercial businesses, construction companies, grocery stores, hospitals, hotels, landlords, nightclubs, office buildings, parking lots, restaurants, retail stores, shopping malls, and other property owners, our attorneys handle a range of premises liability claims with successful results.

Posts about Premises Liability Litigation

California’s Premises Liability Law: When Does Your Insured Owe a Duty?

Date: November 29, 2016

The law surrounding premises liability in California is vast. In essence, premises liability describes a landowner’s liability for a person’s injuries or damages arising from his ownership, maintenance, or control of real property. Premises liability is a form of negligence, where the possessor of the premises owes a duty of care to third persons who enter the property to exercise ordinary care in the management of the premises to avoid exposing persons to an unreasonable risk of harm. (Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619.) This requires landowners, and those who simply maintain property, to maintain land in their possession and control in a reasonably safe condition. (CACI 1002.) A failure to fulfill this duty is negligence. (Brooks, supra, 215 Cal.App.3d at 1619.)

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Skateboarder’s Claim Against Water District and Owner of Road Barred By Doctrine of Primary Assumption of Risk

Date: July 29, 2016

In this case, Plaintiffs Richard Bertsch and Mitchell Bertsch (“Plaintiffs”) appealed from the trial court’s granting of summary judgment in favor of defendants Mammoth Community Water District and Sierra Star Community Association as to plaintiffs’ causes of action for wrongful death, negligence, premises liability and negligent infliction of emotional distress. In this matter, Brett Bertsch suffered fatal injuries when he fell off his skateboard when its wheels came into contact with a small gap between the road and a cement collar surrounding a manhole cover. Defendant Mammoth Community Water District was the entity responsible for inspecting and maintaining the manhole cover, and Sierra Star Community Association was the owner of the road where the accident occurred. The trial court concluded the doctrine of primary assumption of risk barred plaintiffs’ lawsuit as a matter of law.

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Pokemon Go! …Or Not?

Date: July 26, 2016

Have you heard about the new craze? If you are on Facebook or have turned on the news in the past two weeks, surely you have heard of Pokemon Go. This new app utilizes your phone’s GPS and clock to detect where you are at any given time and makes Pokemon characters appear in your area for you to catch. These characters can be found in any public places. Businesses even have the option of purchasing “lures” to attract Pokemon characters and, thereby, entice potential customers. This seems to be the start of a new trend for phone apps and games – a role playing game that interacts with your reality.

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Show Me How It Happened: Videotaped Depositions And Their Impeachment Benefits

Date: June 10, 2015

Depositions are critical to a case and often determine whether you win or lose. They can be used to impeach a witness at trial, undermine his or her credibility and ferret out details that otherwise would not be disclosed in written discovery. Given the key role depositions play in cases—particularly for the defense—serious consideration should […]

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An Express Release Of Liability In The Sports And Recreation Context

Date: June 5, 2015

An express release of liability is an effective defense to a claim of negligence in the sports and recreation context. For an express release of liability to be enforceable against a plaintiff, it must satisfy three requirements: (1) the release agreement must be clear, unambiguous, and explicit; (2) the injury-producing act must be reasonably related […]

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What is Medical Payment Coverage in My Homeowners Insurance Policy?

Date: May 6, 2015

A standard homeowners policy provides limited “med-pay” coverage for medical expenses incurred by other persons. Medical payments pay medical expenses incurred by people accidentally injured on your property, regardless of fault, up to policy limits. The med-pay coverage generally has a separate limit of liability from the personal liability coverage. Medical payments may also apply […]

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Primary Assumption of Risk Arguments Still Kicking

Date: February 4, 2015

The primary assumption of the risk doctrine has been used to provide immunity from suits for certain sporting and recreational activities, based on the public policy consideration that such activities are to be encouraged, rather than discouraged. The immunity from suit typically applies so long as the defendant did not do anything to increase the “inherent risk” of the activity.

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