Premises Liability

The personal injury case of Cook v. City of San Diego concluded with a $75,000 out-of-court settlement.2 Plaintiff Rakewon Emmanuel Cook alleged that the City’s failure to maintain safe public property, despite having prior knowledge of a hazard, caused him serious injuries and resulting financial losses. The City had consistently denied wrongdoing and raised defenses, including the plaintiff's own negligence, but ultimately agreed to the payout to avoid the expense and uncertainty of a jury trial over the liability claims.

The case of Michelle Champeau v. City of Los Angeles, County of Los Angeles, and State of California stemmed from a serious sidewalk fall near 7th Street and New Hampshire Avenue in Los Angeles. Champeau claimed that poorly maintained public property caused her accident and subsequent injuries. After months of legal proceedings, the City of Los Angeles and related Defendants agreed to pay a $365,000 settlement, resolving the personal injury and premises liability claims. The outcome underscored the City’s duty to maintain safe walkways and demonstrated how public entities can be held accountable when negligence contributes to citizen injuries.

On November 4, 2017, Diego Suarez Perez was robbed and shot outside Tony’s Food Market in Miami’s Liberty City neighborhood. Perez sued the store’s owners, Eddy and Sara Casamayor, and their company, 4 Brothers LLC, for failing to provide adequate security despite repeated crimes on the property. The defense denied liability, calling the shooting unforeseeable. After hearing evidence of prior violent incidents and expert testimony on preventable risks, a Miami-Dade jury ruled for Perez. On July 9, 2025, they awarded him $20 million for past and future pain, suffering, disability, and loss of life enjoyment.

A Miami jury ruled in favor of Basma Ettalhy in her lawsuit against MAU Miami, LLC after she slipped and fell at the restaurant. The jury found the restaurant negligent for failing to keep the premises safe and awarded her $234,829 in damages for medical expenses, pain, and suffering.

In Hartford, Connecticut, tenant Jerrod Kerr sued his landlord, Symone Morrison, after slipping on ice at 142-144 Francis Avenue on January 5, 2022. Kerr claimed Morrison failed to maintain the driveway safely, remove ice, or warn tenants of the hazard. He suffered severe leg fractures, hip, and knee pain, alleging permanent injury and future medical expenses. Morrison denied negligence and argued Kerr was partly at fault. On July 30, 2025, the jury found Morrison 60% liable and Kerr 40% liable. They awarded $476,736.69 in total damages, reduced to $286,042.01 after factoring comparative negligence. The verdict highlights landlord duties to maintain safe conditions even in winter weather.

In Los Angeles, a jury on August 18, 2025, reached a split verdict in Ulrike Zillner’s personal injury lawsuit against Maple Street Burbank Homeowners Association and Ross Morgan & Company, Inc. Zillner claimed unsafe property conditions caused her severe injuries and lasting harm. The jury found both defendants negligent assigning 30% fault to Ross Morgan and 5% to Maple Street HOA while holding Zillner herself 65% responsible. Damages totaled $3,335,000.12, including $935,000 for future medical expenses, $550,000 for past pain and suffering, and $1,850,000 for future noneconomic losses. After apportioning fault, her recovery was significantly reduced. The verdict underscores how comparative negligence can dramatically affect awards in premises liability cases.

A Los Angeles jury awarded $1.18 million to Jay Mitsuru Takaki and Rosa I. Takaki after a devastating crash inside Eternal Valley Memorial Park and Mortuary. On December 2, 2020, a heavily loaded truck and trailer lost control on a steep cemetery hill and slammed into the Takakis’ vehicle, leaving them with severe injuries. The Plaintiffs accused SCI California Funeral Services, Inc., and Jimmie Wayne and Bruce Phillips of negligence for allowing such a dangerous delivery on steep terrain. The jury agreed, finding SCI 60% liable and the Phillips defendants 40% liable. Damages included past and future medical expenses, pain, and emotional suffering—$360,000 for Jay Takaki and $820,000 for Rosa Takaki. The verdict underscored property owners’ duty to prevent foreseeable risks and ensure public safety.

A Fresno jury awarded Martha Lopez $821,989.68 after she slipped and fell inside a local Applebee’s. Lopez alleged the restaurant failed to maintain safe floors or post warnings. The jury agreed, finding Applebee’s negligent and fully responsible for her injuries, awarding both economic and non-economic damages.

Henrietta Castrellon filed a premises liability lawsuit against Home Depot U.S.A., Inc. after a slip-and-fall accident at a Los Angeles store. Castrellon claimed the retailer failed to maintain safe walkways, causing her serious injuries that required extensive medical treatment and affected her daily life. Home Depot denied wrongdoing, arguing it had no notice of any hazard and suggested Castrellon bore responsibility for her injuries. After hearing testimony and reviewing evidence, a Los Angeles jury on September 15, 2025, found Home Depot negligent and awarded Castrellon $6,626,602.98 in damages, including past and future medical expenses, pain and suffering, and loss of enjoyment of life. The jury also determined Castrellon shared some responsibility for her harm.

On March 8, 2021, Chip Brown visited the Mercantile Lofts in downtown Los Angeles. As he stepped onto the building’s entrance ramp, a worker power-washed the area, leaving water pooled on the surface. Brown slipped on the wet concrete and fractured his left tibia and fibula, also damaging ankle ligaments. He required surgery, months of therapy, and missed work. Brown sued ICO Development, LLC, alleging negligence and premises liability. He said the company failed to provide slip-resistant surfaces, proper drainage, and warning signs during cleaning. ICO Development denied wrongdoing, claiming Brown was careless and that other parties might share blame. After testimony from medical and safety experts, the jury found ICO Development negligent and concluded its actions substantially caused Brown’s injuries. Damages included compensation for medical costs, lost wages, pain and suffering, and lasting impairment.

On May 12, 2021, delivery driver Mario Bracero tripped on a pothole in the driveway of 21 Jencks Street, East Hartford, while delivering a package. He alleged the property owner, Peterrill Guthrie, negligently failed to maintain safe conditions. Bracero said the fall caused lasting pain, loss of income, and diminished quality of life. Guthrie denied wrongdoing, claiming Bracero’s inattention caused the accident. After hearing evidence and arguments, a Connecticut jury sided with Guthrie on August 29, 2025, absolving the owner of all liability and denying Bracero’s claims for damages.

On November 7, 2022, Mary Tuimavave tripped on an uneven sidewalk near 2 Connecticut Street in San Francisco, an area maintained by Gabia Konce and the City and County of San Francisco. She claimed both parties knew or should have known about the hazardous condition but failed to repair or warn about it. Tuimavave said she suffered serious injuries, ongoing pain, and loss of income. After denying liability and raising multiple defenses, the City and Konce agreed to a $26,250 conditional settlement on March 26, 2025, resolving all claims from the incident.