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Premises Liability Litigation

Premises Liability Litigation

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

Our attorneys handle a wide spectrum of cases with successful results on behalf of apartment complexes, commercial businesses, construction companies, grocery stores, hospitals, hotels, landlords, nightclubs, office buildings, parking lots, REITS, restaurants, retail stores, shopping malls, and other property owners.

Premises Liability Litigation Articles:

COWABUNGA: Nevada Alter Ego Liability

December 1, 2017 4:53pm
On November 22, 2017 the Nevada Supreme Court held that managers of a limited liability corporation (LLC) may be subject to suit for personal negligence as tortfeasors under an alter ego theory of liability. In the case of Gardner v. Henderson Water Park, LLC dba Cowabunga Bay Water Park, 133 Nev. Adv. Op 89, the Gardners’ minor child suffered injuries resulting from a near-drowning at Cowabunga Bay Water Park in Henderson, Nevada.  The Gardners filed suit against Henderson Water Park, LLC dba Cowabunga Bay Water Park and its two managing members, West Coast Water Parks, LLC and Double Ott Water Holdings, LLC.  The 7 managers of West Coast and Double Ott LLCs have an ownership interest in, or manage, the member-LLCs and also serve on the management committee governing the water park itself.

Stop Burning Your Core! Ensure Your Gym Rats Leave With Contracts

Author: Terra Davenport | December 1, 2017 4:30pm
California's Health Studio Services Act applies to all contracts for services between a consumer and gym.[1] (Civil Code §1812.82 et seq.)  "Any contract for health studio services which does not comply with the applicable provisions of this title shall be void and unenforceable as contrary to public policy." (Civil Code §1812.91.)

Crossing The Line Of Duty: California Supreme Court Limits Duty Of Commercial Property Owners To Control Traffic Collisions In Valisenko v. Grace Family Church

Author: David Kahn | December 1, 2017 4:27pm
Should the owner of land abutting a public street be held responsible for a traffic collision between a motor vehicle and a jaywalking invitee?   The California Supreme Court says no.  On November 13, 2017, the Court issued a significant premises liability opinion overturning the Third District Court of Appeal and limiting the duty of commercial property owners who operate a business abutting a public street.  (Valisenko v. Grace Family Church (11/13/17) WL 5243812).  Specifically, the Court held a landowner does not have a duty to assist invitees in crossing a public street so long as the street’s dangers are not obscured or magnified by some condition of the landowner’s premises or by some action taken by the landowner.  (Id. at p. 1).  As set forth below, the key to the Court’s holding is the proximity of the relationship between the landowner’s conduct and the invitee’s and who should as a matter of public policy ultimately bear the burden of preventing such accidents.

When is the Open and Obvious Doctrine a Complete Defense?

Author: Leslie Price | September 29, 2017 3:38pm
A recent decision of the Court of Appeal decision addressed application of the Open and Obvious Doctrine in a premises liability case.  In Jacobs v. Coldwell Banker Residential Brokerage Company (2017) 14 Cal.App.5th 438, 221 Cal.Rptr.3d 701, the Second District Court of Appeal affirmed summary judgment in favor of a defendant landowner sued for negligence by a plaintiff who was seriously injured after falling into an empty pool.  If there is an “open and obvious” issue, can the defendant successfully argue there is no triable issue of fact, thereby avoiding a jury trial, or will the court determine “open and obvious” is a jury question to be decided under the doctrine of comparative negligence?

Your Release May Not Be as Broad as You Think

Author: James E. Sell | September 29, 2017 3:11pm
In Iqbal v Ziadeh (2017) 10 Cal.App.5th 1, plaintiff was hired by a used car lot, Yosemite Auto, to determine why a car recently towed to the lot would not start. Unbeknownst to plaintiff, the tow truck operator had disconnected the transmission shift linkage to do so. The tow truck operator then failed to reconnect the shift linkage after towing the car. Plaintiff confirmed the car was in “park” and crawled underneath it to determine...

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