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Premises Liability

Proving Slip and Fall Allegations

Slip and fall incidents can dramatically change a victim’s life, producing injuries ranging from fractures of wrists and hips to major head injuries. Most fall injuries fall within the ambit of so-called premises liability law, which has its own special requirements – it’s not enough to snap a picture of the dangerous circumstance on your mobile phone to show a judge that a business premises or rental dwelling has a negligently caused defect. There are various factors that must be proven by law to recover if you are the victim of a slip and fall accident. In order to prove…

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Slip and Fall Accidents Can Be Serious

People with a negative view of personal injury law often make fun of slip and fall cases. Often the victims of such incidents are portrayed in Movies and TV as exaggerating their injuries and wearing an unnecessary neck brace to court to sway the jury. The truth is, tripping or slipping and falling to the ground can seriously harm the human body. Many people have become permanently disabled. Even less serious injuries can take months or years to heal. Some slip-and-fall accidents are predictable, such as when someone fails to clean up a spill or fix sidewalks or steps. Property…

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California Nightclub Held Civilly Liable for Patron’s Assault

A West Hollywood bar was recently held civilly liable for the sexual assault of a female patron. The woman, who is a 43-year-old news reporter, alleged that she was assaulted by an employee of the Here Lounge in 2009. A Santa Monica jury awarded the woman $5.42 million finding that the bar’s negligence contributed to her assault. The Daily Mail reports that this may be the biggest verdict ever against a bar for a sexual assault. This verdict follows a 15-day trial in which the woman’s attorney showed that the popular gay bar failed to protect female patrons in its…

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San Francisco Scaffolding Tragedy: Who Is Responsible?

SFGate reports that two workers suffered life threatening injuries yesterday when scaffolding collapsed at a San Francisco high rise under construction. Coincidentally, just last week Walkup partner Matt Davis settled a case on the first day of trial on behalf of a woman badly injured by substandard scaffolding. He says that yesterday’s tragedy was almost certainly brought upon by safety violations. “The safety risks presented by substandard scaffolding are well known, which is why scaffolding companies must possess a special contractors license,” Davis said. “There are numerous federal, state and local safety laws and regulations that apply to how scaffolding…

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San Francisco Among The Most Dangerous Cities For Dog Bites

San Francisco is the fourth most dangerous city in the country for mailman dog bites, according to recent rankings by the Postal Service. The USPS releases rankings of the most dangerous cities for dog bites to promote National Dog Bite Prevention Week. The USPS says that 5,879 of its employees were attacked in 2012 and that dog bites continue to an enormous threat to mailmen and members of the Bay Area community. There were 38 dog attacks on Bay Area postal workers last year. Los Angeles was the most dangerous city for 2012 with 69 reported attacks. Letter carriers are…

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South of Market restaurant to pay $134k to injured patron

A popular San Francisco restaurant was recently ordered by a jury to pay $134,956 to a patron who was severely injured after he fell down a flight of poorly lit stairs. This is one of many premises liability lawsuits being filed against Northern California restaurants as a result of a growing trend of restaurants packing many patrons into unconventional dark bar spaces. Although reclaimed warehouses and other industrial spaces can create a unique rustic ambiance, restaurateurs should be careful not to sacrifice patron safety for the sake of style. During trial, the restaurant patron was able to show that the…

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California hotel guest wins $38M in slip-and-fall lawsuit

A California hotel guest recently won a $38.6M jury verdict against a hotel in a premises liability case. The hotel guest was at a Newport Beach Inn when he fell over a second story walkway railing and onto the parking lot below. The guest suffered catastrophic personal injuries including brain damage. The evidence in this case indicated that the walkway railing was unsafe because it was too short. The railing violated building codes by being under 3 feet tall. Attorneys for the hotel denied any negligence and sought to undermine the guest’s premises liability lawsuit by introducing evidence of the…

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Contractor establishes constructive notice in slip-and-fall case

In our last post, we discussed a slip-and-fall case brought by a jewelry store’s independent contractor after he slipped on jewelry cleaning solution and fell in the store’s employee-only area. Evidence in this premises liability case indicates that the jewelry cleaning solution was kept in a 5-gallon bucket in the break room, which was accessible only to the contractor and store employees. The cleaning solution bucket has a rotating spigot spout that must be rotated to the side of the bucket for use. When not in use, employees are supposed to rotate the spigot back over to the lid so…

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Sacramento jewelry store contractor sues after slip-and-fall

Slip-and-fall lawsuits against mall stores are common throughout California and are typically brought by store customers. One recent slip-and-fall lawsuit brought against a Sacramento mall store is slightly unusual because it involves an area of the store under the exclusive control of store employees. The premises liability lawsuit was filed by a jewelry repair specialist who worked at the Rogers Jewelry store in Sacramento’s Arden Fair Mall. The jewelry repair specialist was an independent contractor who slipped in the store’s employee break room. The store sought to have the contractor’s case dismissed because he failed to establish that the store…

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Trampoline center spinal cord injuries on the rise

In our last post we discussed the growing number of children who suffer severe spinal cord injuries at trampoline centers. CNN reports that trampoline injuries caused over 90,000 emergency room visits in 2010 and the American Academy of Pediatrics has issued statements advising parents against letting their children use trampolines. “Although trampolines can be fun for both kids and adults, they pose a high risk for injuries, especially when two or more people jump at one time,” said a spokesman for the American Association of Orthopedic Surgeons. “Orthopedic surgeons recommend that trampolines not be used in home environments or in…

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