Premises Liability Category Archives — San Mateo Injury Lawyers Blog Published by San Mateo, California Injury Attorneys — Law Offices of Galine, Frye, Fitting & Frangos

How One California Teen Overcame a Defense Claim of Statutory Immunity in Her Premises Liability Case

November 5, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

In your premises liability case, as with any injury case, you have to clear several hurdles. You, of course, have to give the court sufficient proof that shows the defendant was negligent and that this negligence caused you harm. You may also, though, need to avoid things like affirmative defenses and statutory immunity provisions that could defeat an otherwise strong case. Having a skilled San Mateo premises liability attorney by your side throughout the process can greatly increase your chances of clearing these hurdles and achieving success.

Overcoming statutory immunity can be a very big deal in your case because, if the defense can persuade the court that the elements of the statute are all present, then you’ll recover nothing. As an example, there’s M.H.’s premises liability case. M.H., a teenage motorcycle rider, was injured while riding at a motocross track. M.H. suffered severe injuries in a collision with another motorcyclist.

The track was located on property owned the parents of her friend, G.Y., so the girl sued G.Y. and his parents. The girl’s argument in her case was that the motocross track was designed negligently and that it lacked directional signs. These things, according to M.H. led to her collision with the other biker.

A Falling Pine Tree Branch in a California Park Kills One Woman, Puts Three People in the Hospital

October 8, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

A lot of times, when you hear the words “premises liability,” you might first think of a slip-and-fall or trip-and-fall accident in a store or other place of business. The reality is, though, that the law of premises liability in California exists to protect more than shoppers and other guests on commercial properties. It can include slip-and-fall and trip-and-fall accidents, but also swimming pool accidents or broken sidewalk accidents, as well. Basically, if you’ve been hurt on property belonging to someone else because they didn’t keep their property sufficiently safe, you may have a case for compensation and should contact a knowledgeable San Mateo injury attorney without delay.

Another kind of accident that may potentially present a case for premises liability damages is falling tree branch accidents. California has seen several of these accidents trigger litigation in recent years, and another falling tree branch accident has occurred just recently here in San Mateo County, this time with tragic results.

Late last month, according to a Facebook post issued by Burlingame City Hall, a tree limb of approximately 60 feet in length “dropped suddenly.” The branch crashed down upon a group of people picnicking in Washington Park and killed a 29-year-old woman. Additionally, three other people were hospitalized as a result of the impact, according to the San Mateo Daily Journal. The Daily Journal also indicated that the city had, following the accident, hired independent arborists to examine and assess the condition of the large pine tree.

If I Contract COVID-19 at a Business Establishment, Do I Have a Premises Liability Case under California Law?

June 26, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

News reports have revealed a new surge of COVID-19 cases. CNN reported that, on June 23, California logged more than 7,000 new cases. That was a new record. The old record? Just over 5,000… on June 22. It’s clear the dangers of COVID-19 aren’t going away anytime soon, and that may lead you to a question: what happens if I become infected as a result of visiting a store, restaurant or other establishment? Do I have any legal recourse for that business’s failure to protect me? Depending on the facts of your case, you may have a basis for a civil lawsuit, so it is worth your while to consult a knowledgeable San Mateo personal injury attorney if that happens to you.

In California, as in every other state, there’s something called premises liability law. This is the area of law that applies to things like “slip-and-fall” cases, “trip-and-fall” cases, swimming pool accidents or a bedbug lawsuit against a hotel. It can apply in most situations where someone responsible for a property failed to act in a reasonable manner to keep the property reasonably safe. If there was a hazard that posed a foreseeable risk of harm and the person or entity who owned, leased, managed or controlled that property knew or should have known about the danger, but failed to take proper steps to address the hazard or else to post proper warnings about the dangerous condition, then that’s potentially a case of premises liability.

In the circumstance of a COVID-19 infection, the hazard (the coronavirus) is obviously well-known in the general public, as is the potential risk of harm (infection.) Nevertheless, a successful case will still require the harmed individual to prove that this general knowledge met the law’s standard for actual notice or constructive notice on the part of the property manager.

What a California Court’s Ruling in an Injured Baseball Spectator’s Case Can Say About Your Injury Lawsuit

April 14, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Many of us have heard a lot on the cable news channels about the importance of “precedent” in the law in recent years. Precedent is, of course, very important. It means that, generally, if past rulings said that a defendant was not liable in a particular set of circumstances, then you typically won’t win your case if the circumstances surrounding your injury were substantially similar to those past cases. Sometimes, though, the law should – and does – change. Just because previous injured people have lost their cases that seem similar to yours, that alone is not reason to give up on your case. Instead of giving up, discuss your situation with an experienced San Mateo injury attorney to find out if there may still be possibilities for success for you.

A recent case involving a baseball spectator is an example of how changing standards in an industry may mean a change in the law. S.J. was a 12-year-old girl attending a baseball game in Long Beach. She and her mother were seated just beyond the protective netting behind home plate. A foul ball struck the girl in the face, causing massive damage including a cranial hemorrhage and severe damage to her optic nerve. The girl required the insertion of a metal plate behind her eye, which was the first of several surgeries she would require to treat fully the harm caused by the foul ball.

Historically, baseball spectators who suffer injuries after a foul ball hits them have had very little success in personal injury lawsuits. That’s because of a legal concept called “assumption of risk.” That concept says that, if you voluntarily engage in an activity that carries with it certain inherent risks, then you become the person responsible for any harm occurring as a result of that activity. That has often included baseball spectators, as voluntarily choosing to attend a baseball game carries with it the inherent risk that a foul ball (or a homerun ball) might hit you and hurt you, meaning that the player, the league/association or the stadium owner were not responsible.

A Family and a California City Reach a $7.3M Settlement After a Falling Tree Branch Severely Injured a Two-Year-Old Girl

March 14, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

If your family is harmed in a serious accident, there are many hurdles you must clear to achieve a full and fair recovery through litigation. You must be able to prove exactly how extensively you and your family have been harmed. However, before you do that, you first have to choose correctly when it comes to naming a defendant in your case. Sometimes, the question of who was at fault may be murky. When that happens you and your legal team need to be sure you correctly assessed the situation and correctly identified the party (or parties) legally culpable. Naming the wrong defendants can delay or reduce your recovery, or possibly can lead to total defeat in your case. For making essential choices like this, be sure to rely on representation from an experienced San Mateo premises liability attorney.

A terrible accident in Southern California was an example of naming the right defendant and eventually obtaining a beneficial result for the family harmed in the accident. A.P., a 2-year-old girl playing at the Linda Vista Children’s Center, suffered massive injuries when a 20-foot eucalyptus tree branch fell and struck her. Her injuries injured a fractured neck, a cracked skull, a brain injury and a fractured leg, according to ABC 7.

When a child is seriously hurt in an accident, while she may be the only one physically injured by the incident, she may not be the only one harmed by it. That was the case for this California family. The girl’s mother told ABC 7 that both she and the girl’s father had to quit their jobs as the little girl required around-the-clock care.

How a Violation of a ‘Non-Disparagement’ Clause in a California Settlement Agreement May Allow You To Recover Additional Compensation

March 10, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Many people injured in auto accidents, dog attacks, trip-and-fall accidents and slip-and-fall accidents resolve their cases by settling instead of proceeding to a verdict. Settlement may offer you the opportunity to acquire much-needed financial compensation without the stress and time that must be invested in pursuing a case all the way to a verdict. Your settlement will almost certainly come with a settlement agreement, which will probably contain some limitations about what you and your opponent can and cannot say about your case. It is very important to have a skilled San Mateo injury attorney by your side and that you understand and follow those contractual requirements. And, if your opponent does not follow them, then you may be entitled to recover additional compensation for your opponent’s breach of the contract.

Here’s an example from Southern California. E.L. and M.J. were neighbors in Los Angeles County. The neighbors’ legal battle began after E.L.’s dog killed M.J.’s cat. Each neighbor hired an attorney and, ultimately, the two neighbors agreed to a settlement where the dog owner paid the cat owner $2,000. The settlement agreement also contained a clause that said that neither neighbor was allowed to disparage the other.

Sometime after the two neighbors signed the agreement, E.L. posted a “hostile message” about M.J. on the website Nextdoor.com. M.J. then responded by suing E.L. (again.) This time, he sued for defamation, as well as breach of contract.

The Importance of Size When You Are Pursuing a Trip and Fall Case in California Due to a Sidewalk Defect

February 13, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

When you are suing someone in a trip-and-fall accident, it is important that the defect that tripped you up not be so slight that the law defines it as “trivial.” That means that the defect was so minor or small that a reasonable person would have been able to navigate it without harm. If you can overcome this “trivial defect” argument hurdle, then you have an enhanced chance of getting your day in court to prove your case and recover compensation. To make sure you are clearing the “trivial defect” and all other hurdles, be sure you have a skilled San Mateo trip and fall attorney working on your behalf.

A pair of cases illustrate each side of this legal coin. M.M. was successful in her premises liability lawsuit because of the strong evidence she had, while C.H. was not successful in his case.

M.M. overcame the “trivial defect” argument in her case against a hotel due to her evidence regarding size. In some cases, California courts have held that defects as small as ½ inch were not trivial and allowed the injured person to proceed to trial. However, cases with defects of less than 1” often have a greater chance of overcoming this “trivial defect” hurdle if there are special or “aggravating” circumstances, like broken or jagged concrete edges, cracks or potholes.

How a California Restaurant Patron Secured a $850K Judgment in His Slip-and-Fall Case

November 26, 2019 | Law Offices of Galine, Frye, Fitting & Frangos

Too many times, people associate “slip-and-fall” accidents in a negative way. If this type of harm has never affected you, you may think of these accidents as ones involving trivially injured people exaggerating their injuries. The reality is actually very different. Slip-and-fall accidents often are very seriously harmful things. According to statistics published by the CDC, accidental falls were the #1 cause of injuries requiring hospital ER treatment in 2017. At almost 8.6 million incidents, the number of these falls was almost equal to the second, third and fourth causes combined.

Sounds pretty far from trivial, doesn’t it? So, the next time you’re hurt in a slip-and-fall, don’t dismiss it as nothing. Get the medical care necessary to protect your health and then get the legal representation you need to protect your rights by contacting an experienced San Mateo premises liability attorney.

J.P. was someone who suffered an obviously serious injury in a fall. While at an Asian buffet restaurant in Los Angeles County, J.P. went to the restroom. On his way back to his seat, J.P. slipped, fell and shattered his left knee in multiple places. After the accident, J.P. sued the restraint for premises liability. (Los Angeles Superior Court Case No. BC659957.)

California Court Revives a Premises Liability Lawsuit, Despite the Existence of a Validly Signed Liability Waiver

October 23, 2019 | Law Offices of Galine, Frye, Fitting & Frangos

As you may know if you’ve attended certain events, property owners and event organizers sometimes may seek to use forms with titles like “release and waiver of liability” to limit their possibility of having pay damages for injury accidents that occur on their properties. If you are someone entering a property whose owner is requiring such a form, it is extremely important to make sure you understand exactly what you’re signing before you sign it.

However, even if you did sign, even if it is enforceable and even if it is broad in its coverage, that doesn’t mean that you are completely without options if you’re hurt while on that property. A recent ruling in a Northern California accident case is a good reminder that possibilities for success in a premises liability case can still exist, even in the face of a signed waiver. To discover what options you have for recovering the compensation you need, talk to an experienced San Mateo personal injury attorney right away.

The injured person in that recent accident case was G.V., an attendee at a two-day motorcycle race held in a remote part of San Benito County. He was there to watch his grandson participate in the race. When the grandfather and grandson entered, race organizers had each man sign a “Release and Waiver of Liability” form.

A Tripping Hazard Leads to a Serious Fall and a $2.45 Million Award for an Injured Senior Apartment Complex Resident

June 14, 2019 | Law Offices of Galine, Frye, Fitting & Frangos

California law is quite clear about the responsibility that property owners have toward people legally on their property. The statutes here say that “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury … to another by his or her want of ordinary care or skill in the management of his or her property.” When you are injured in a trip-and-fall accident, there are several key pieces to the “puzzle” of a successful legal action. One is proof of a legitimate hazard. Another is evidence that the person or entity responsible for the property failed to fix the problem, despite the fact that it knew or should have known the hazard existed.

There are many different ways to achieving this proof burden, but it comes down to obtaining the right evidence. To make sure you are getting all the evidence you need and that it is being put together into one coherent and persuasive case, be sure to rely on the skill and experience of a knowledgeable San Mateo injury attorney.

An example of how this process can work successfully was the recent case of A.N. (Yolo County Superior Court Case. No. CVPO-2017-916). Reportedly, A.N. suffered serious injuries in a trip-and-fall accident at her senior living apartment complex in West Sacramento. One day, while exiting the complex’s clubhouse, 80-year-old A.N. used a ramp to walk back to her apartment. A concrete parking block was situated at the base of the ramp. The resident tried to pass through this area, but she tripped. In the fall, she suffered a broken wrist, crushed patella and a “burst” fracture to one of her thoracic vertebrae.