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

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

Posted

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.

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Posted

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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

The sky is the limit.

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Posted

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

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Posted

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 general information only. They are not legal advice. The exchange of information through this forum does not establish an attorney-client relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

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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