Articles Posted in Premises Liability

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Sometimes, the harm that results from an accident can be straightforward and immediately apparent. For example, a situation where a person trips, falls and breaks an ankle is just such a scenario. In other circumstances, though, the harm that is triggered by an accident may include damages that are not immediate. When yours is the latter type of scenario, you may still be entitled to recover compensation for all of the harm you suffered, as long as the accident was the “proximate cause” of all of that harm. For advice about proximate cause, foreseeability and representation in your accident case, look to an experienced California injury lawyer..

Here’s a real-life example from an actual case (Orange County Superior Court Case No. 30-2016-00838494): The accident took place during the running of a 5K run/walk held on the sidewalks of a city 37 miles outside Los Angeles. The race was put on by a seller of running/walking shoes and other gear.

The race course ran through a construction zone at one point. Racers had to cross a construction driveway to get from one area of sidewalk to the next. 60-year-old T. caught her foot on a 1.5-2.0 cm ledge located within that driveway.

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There can be many different ways to achieve a successful result in your injury case. Some of these favorable results may be achievable without even having to go to trial. If your opponent does not perform certain procedural tasks within the period established by the law, you may be able to obtain a “default judgment,” which can allow you to receive compensation just as if you’d had a full trial and won. Default judgments are just one example of the techniques available to help you with your case. A knowledgeable California premises liability attorney can provide you with the advice and representation you need for pursuing default judgments or any of the other options available to you under the law.

One example of a successful default judgment case was the one filed by Rita, a tenant in Los Angeles County. One day, Rita slipped and fell on a puddle of water, injuring herself. Rita decided to sue her landlord for premises liability, asserting that the area of water was a result of a leakage from defective plumbing. The plumbing leak was a result of the landlord’s failure to repair the defect, which made him liable for the woman’s injuries, according to the plaintiff’s lawsuit.

The landlord was served with court papers on March 20, 2015. The requirement was completed by a registered process server who personally served the landlord. The landlord admitted that he received these papers. Eleven months later, Rita served the landlord with additional papers containing her statement of damages. Again, the landlord was personally served by a registered process server. Those papers stated that the tenant was seeking more than $80,000 in damages.

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A tragic fire at an Oakland warehouse on December 3, 2016 has killed more than 30 people that were attending a concert.  The Oakland Fire Department continues to recover bodies and it is feared that the number of deaths could increase to as many as 40 to 50.

The property where the fire occurred was a warehouse, known as Oakland Ghost Ship, that neighbors claim had been converted to a place where artists lived and worked.  However, the City had not permitted the building for residential use or for use as a concert venue.  The concert, Golden Dorma 100% silk 2016 West Coast Tour, was advertised online, including a concert Facebook page.  A local resident stated that the warehouse is known by locals as the site for rave-style concerts.  Shockingly, it has been reported that sprinklers or fire alarms had not been installed in the building.  A spokesperson for the building owner claims that the owner did not know that people were living at the building or that it was being used for concerts and parties.

Some local residents have described the building as a tinderbox where tragedy was waiting to happen. Former residents of the building reported that they saw artists using butane torches, water being heated with propane, and sparking electrical wires.  The building was divided into a number of different sections that had been decorated with curtains and other fabrics.  The interior and exterior of the building was littered with debris that has been described as kindling.  The interior stairs consisted of wooden pallets that made it difficult to escape the inferno.  Most people died on the second floor where the concert took place.  It is inexcusable that the City of Oakland and the property owner allowed such a deathtrap to exist.

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