Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714]. Generally, a person who has suffered injury through the fault of another (e.g. negligence by landlord) is entitled to “be made whole”—i.e., to be restored insofar as is possible to his or her preinjury condition through a “compensatory” damages award [CC § 3281].

CC § 3333 sets forth the general measure of “compensatory damages” in an action arising from tortious conduct:

“For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.”

 It can be reduced to the following formula:

If it is proven that:

• Plaintiff has sustained an injury,

• Which was legally caused by the tortious wrong of another,

Then:

• Plaintiff is entitled to recover an amount of money that will reasonably compensate for all physical, mental and emotional detriment attributable to the injury.

Seek the advice of a lawyer who is experienced in personal injury cases to be able to determine the proper steps to take.


Would you like to discuss your legal matter?

PHONE

image description
RECEPTION 866-205-4971

Our receptionist will assist in scheduling new and existing clients for all offices. For initial consultations we will ask you a few questions and then find the best time for you to talk to one of the lawyers that best fits your legal matter.

Call us or use the email form and we will follow up with you right away.

EMAIL

The Law Offices of Hogan Injury will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.