Ganci Law Update: EP14 Legal Perspectives: Premises Liability, Rainwater Hazards, and Professional Conduct in Recent Cases

In this episode of Ganci Law Update, attorney Eric Ganci delves into three crucial legal cases:

• Stack v. City of Lemoore: Despite the plaintiff's prior safe use of the sidewalk, the court rejected the argument that individual familiarity with the area should affect the assessment of the dangerous condition. The court's decision delves into the legal complexities of premises liability, emphasizing the general foreseeability of harm over the plaintiff's specific history in determining liability.
• Nicoletti v. Kest: A resident slipped on a wet driveway during rain. Despite the plaintiff knowing the area well, the court ruled that the running rainwater was an obvious danger. This case highlights the significance of determining if a hazard is open and obvious, influencing the landowner's duty to provide warnings or address the condition.
• Snoeck v. Exaktime Innovations, Inc.: A pivotal case addressing employee disability discrimination, where the court's decision included an award for attorney fees, subsequently reduced by 40%. This reduction was attributed to the plaintiff's counsel's conduct, highlighting the criticality of upholding professionalism in legal matters. The case serves as a significant reminder of the impact that decorum and civility have on the judicial process.

For more information:

1. Stack v. City of Lemoore, 91 Cal.App.5th 102
2. Nicoletti v. Kest, 2023 WL 7521740. 
3. Snoeck v. Exaktime Innovations, Inc., 2023 WL 7014096

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