Liability Law

Alcoholic Beverages: Social Host Liability

Allen v. Liberman, (Third District, June 18, 2014) 227 Cal.App.4th 46, 173 Cal.Rptr.3d 463, 14 Cal. Daily Op. Serv. 6675, 2014 Daily Journal D.A.R. 7751 The parents of a 17-year old girl who was found dead from acute ethanol intoxication the morning after sleeping over at a girlfriend’s home, filed an action for wrongful death…

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Premises Liability: Concealed Dangerous Conditions

Hall v. Aurora Loan Services LLC (2013) 215 Cal.App.4th 1134, 155 Cal.Rptr.3d 739 A real estate agent who fractured her leg when a stairway ladder broke while she was showing a house to prospective buyers, filed suit for personal injuries against the loan services company which owned the property, as well as the listing agents….

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Elder Abuse:  Outpatient Treatment

Winn v. Pioneer Medical Group, Inc. (2013)  216 Cal. App. 4th 875, 157 Cal.Rptr.3d 124 The heirs of an 83-year old woman who died of blood poisoning several months after two amputation surgeries due to gangrene, filed a complaint for elder abuse against a medical group and physicians who had been caring for her on…

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Duty of Care: Furnishing Alcohol to Minors

Rybicki v. Carlson, (Second District, May 22, 2013) 216 Cal. App.4th 758, 157 Cal.Rptr.3d 660 A bicyclist who was injured when he was stuck by a drunk driving on the wrong side of the road, filed an action for personal injuries against the driver and her four female passengers. The plaintiff alleged that the five…

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Commercial Vendors: Duty to Secure Cargo

Pedeferri v. Seidner Enterprises (2013) 216 Cal.App.4th 359, 156 Cal.Rptr.3d 673 A highway patrolman who was paralyzed when he was struck by a vehicle while standing on the side of a freeway, filed suit against the driver of the vehicle as well as a motorsports dealership whose employees had loaded two dirt bikes into the…

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Dram Shop Liability: Furnishing Alcohol to Minors

“[A]ppellants’ attempt to rely on what the checker could infer based on the circumstances of [the] purchase is in effect an attempt to return to the type of forseeability analysis that our Legislature specifically rejected…”

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