Premises Liability matter - What is the limit as to what a jury can award in a personal injury case in light of Tort Reform ?

Asked over 1 year ago - Studio City, CA

A major catastrophe case where a retired fellow became totally and permanently disabled due to a building owners neglect. California appears to restrict the ceiling at which awards are rendered. Are there cases in which it is not restricted ? Thank you kindly.

Attorney answers (6)

  1. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . There is no "cap" on what a jury can award in a premises liability case, although the tort reform movement may affect how potential jurors in a case feel about giving big money damages in a particular case. You may have heard of the $250,000 cap on pain and suffering or "general damages" that applies in medical malpractice cases, but that would not apply in the case you have described.

    If you would like to discuss this matter further, please do not hesitate to contact me.

    Good luck.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . The sky is the limit.

  3. Michael R Crosner

    Contributor Level 20

    7

    Lawyers agree

    Answered . There is no limit. Sorry to hear of the incident & serious resulting injuries. When did the accident happen - it is important because there are strict statute of limitations that must be followed so as to not be forever barred from any recover. Many personal injury attorneys, like myself, do not charge a fee for an initial consultation. Contact an attorney immediately

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  4. Richard Andrew Harting

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . No restriction in a premise liability case on the amount of damages so long as they are commensurate with the evidence presented.

  5. Steven R Vartazarian

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Damages in personal injury cases arising from premises liability (i.e. negligent maintenance) are not restricted. I would be willing to answer any questions you have on that issue. You are welcome to give me a call.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  6. Robert Andrew Michael Burns

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I know of no relevant "tort reform" or damages "ceiling" except to apportion liability for "general damages" (for noneconomic losses) in accordance with fault of the respective tortfeasors. The retired fellow had better not be at the mercy of someone else fishing for answers here rather than engaging competent legal counsel.

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