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

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.

Studio City, CA -

Attorney Answers (6)

S. David Rosenthal Esquire

S. David Rosenthal Esquire

Personal Injury Lawyer - Roseville, CA
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.

Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

The sky is the limit.

Michael R Crosner

Michael R Crosner

Personal Injury Lawyer - Northridge, CA
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
Richard Andrew Harting

Richard Andrew Harting

Personal Injury Lawyer - Long Beach, CA
Answered

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

Steven R Vartazarian

Steven R Vartazarian

Personal Injury Lawyer - Van Nuys, CA
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
Robert Andrew Michael Burns

Robert Andrew Michael Burns

Personal Injury Lawyer - San Diego, CA
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.

Related Topics

Premises liability for personal injuries

Premises liability requires landowners to maintain a reasonably safe property, or risk being liable for injuries.

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Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

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