Woman suing iconic hotel Fresno building owners after she got hurt while trespassing

FRESNO, Calif. -- The Old Hotel Fresno building in downtown Fresno, Calif., has been named in a recent lawsuit that centers around trespassing.

Last summer firefighters rescued a woman who fell from the roof of the building through a hole and landed four stories down, just after midnight.

That woman Alleyne Johnson is now suing the Southern California owners, Apec International--alleging that they failed to follow proper safety guidelines and take care of any unsafe conditions.

The suit says she suffered significant injuries, physical and mental anguish and incurred medical expenses.

Action News Legal Analyst Tony Capozzi says this lawsuit is not cut and dry.

"At first blush, they're going to say, "Well, what are they doing here? Why do we even have a lawsuit here?" Until you hear the law. The law in California treats each one of the individuals: the trespasser, the invitee, and the licensee equally," said Legal Analyst Tony Capozzi.

"How much care did the owner put into this property? If all the doors were boarded up and signs, I think the landlord has done a good job warning the public," said Capozzi.

Under California law, a landowner can be responsible for a trespasser if they do not provide reasonable care to ensure no one gets hurt on the property.

But did the trespasser, in this case, Alleyne Johnson assumes the risk that something could happen to her by entering a property that was boarded up and dilapidated.

"If they assume that risk then there is going to be no liability on behalf of the landlord at all," said Capozzi.

The case is expected for trial later this year.
Copyright © 2021 KFSN-TV. All Rights Reserved.