Incarcerated in half-way house with her daughter 366
Premises Liability is another area of San Diego Personal InjuryLaw.
Lawson v Superior Court 180 Cal.App.4th 1372 (2010) (4/1) Government tort liability. DL was incarcerated in half-way house with her infant daughter, EL. EL claimed personal injury and failure to obtain medical treatment to a person in immediate need, and DL claimed emotional distress. [1] State and its employees are immune from DL’s claim in that she is a prisoner. GC § 844.6. [2] EL is not a prisoner, so no immunity. GC § 844. [3] Also, special relationship tort duty between custodial agency and EL in that she was vulnerable and defendant. [4] GC § 815.6 mandatory duty not applicable. 15 CCR 3350 et seq only calls for creating a medical plan; it does not specify who or what care should be provided. San Diego personal injury attorney [5] Private corporation and employees operating the half-way house are not entitled to government tort liability.