A $3,500 Offer Became a $649,000 Settlement for an Injured Child

A $3,500 offer became a $649,000 settlement after a child was hurt by a broken apartment gate. See how Schwinghamer Law proved the owner should have known.

Written by Noah Schwinghamer | 27 Jun 2026

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Close-up of a green metal gate and latch on a wire fence at an apartment complex

Quick Summary

A young child was seriously hurt when a heavy metal gate at an apartment complex — detached from its hinges and leaning in disrepair — fell on his head. To win a premises liability case, an injured person must show the property owner knew or should have known about the danger, and the owner admitted nothing. The insurer offered just $3,500. Using a site investigation, an engineering expert, and the “history” feature in Google Maps Street View — which showed the gate had been broken for years — Noah Schwinghamer proved the owner should have known. Shortly before trial, the insurer paid his full $649,000 demand.

What happened?

A young child was injured when a heavy metal gate at an apartment complex fell on his head. The fence was in disrepair, and the gate had become detached from its hinges and was leaning precariously — a serious hazard waiting to happen.

What makes a premises liability case hard to prove?

In California, a property owner is not automatically responsible every time someone is hurt on the property. The injured person must prove the owner knew, or reasonably should have known, about the dangerous condition and failed to fix it. Here, the property owner refused to admit anything. We had to prove that the gate had been detached long enough that a reasonable owner should have discovered and repaired it. Early on, the owner's insurer offered just $3,500 to settle.

How did we prove the owner should have known?

In addition to personally investigating the scene and retaining an accident and engineering expert, Noah Schwinghamer used a tool many people overlook: the “history” feature in Google Maps Street View. By pulling archived street-level images going back several years, he showed that the gate had been detached and in disrepair for a long time. That timeline established “constructive notice” — proof that the owner should have known about the hazard well before the child was hurt.

How did we handle the insurer's medical expert?

Still unwilling to take responsibility, the insurer hired a defense doctor to dispute the child's claims. That doctor offered opinions despite never having actually examined the child. Noah took two depositions of this expert that exposed the weakness of opinions formed without an examination. Shortly before trial, the insurer abandoned its $3,500 position and paid Noah's full demand of $649,000.

Frequently Asked Questions

Q: What do you have to prove in a California premises liability case?
A: Generally, you must show the property owner owed a duty of care, that a dangerous condition existed, that the owner knew or should have known about it and failed to address it, and that the condition caused your injury and resulting damages. Each element must be supported with evidence.

Q: What does "knew or should have known" mean?
A: It refers to notice. “Actual” notice means the owner knew about the hazard. “Constructive” notice means the condition existed long enough that a reasonable owner should have discovered it. Proving how long a dangerous condition existed — as we did with archived photos — is often the key to a premises liability case.

Q: Can I bring a claim if my child was injured on someone else's property?
A: Yes. A parent or guardian can pursue a claim on behalf of an injured child. Settlements involving a minor typically require court approval to protect the child's interests. Because children's cases involve added protections and deadlines, it is wise to consult an attorney promptly.

Q: Can Google Street View images be used as evidence?
A: They can be powerful supporting evidence. Archived street-level images can help establish how long a dangerous condition existed, which is often essential to proving a property owner should have known about it. Such images are typically used alongside expert analysis and other proof.

DISCLAIMER

The results described above reflect the specific facts of one client's case. Past results do not guarantee or predict the outcome of any other matter; every case is different. This page is attorney advertising and is provided for general information only — it is not legal advice and does not create an attorney-client relationship.

DISCLAIMER

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About the Author

Noah Schwinghamer

Noah Schwinghamer is the founding attorney of Schwinghamer Law in Stockton, California. With over a decade of experience in personal injury law, Noah is dedicated to helping individuals and families stand up to powerful insurance companies and recover the compensation they deserve. He has successfully taken on major insurers, Fortune 500 companies, and government entities — and has recovered millions of dollars for his clients. His mission is simple: leave every client better than he found them.

Contact a Premises Liability Lawyer Today

When a property owner's neglect causes an injury, they rarely admit fault, and their insurer may offer a small fraction of what the claim is worth. If you or your child was hurt by a dangerous condition on someone else's property, Schwinghamer Law can investigate what happened and hold the right parties accountable, with the clarity, compassion, and courtroom experience these cases require. Your consultation is always free.

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Schwinghamer Law – The Stockton Hammer, personal injury attorney in Stockton, California

Stockton Office

7400 Shoreline Dr. #5

Stockton, CA 95219

(209) 425-2520