Plaintiffs in premises liability cases can share blame for injuries

Posted on February 8, 2017January 26, 2023 by wmlawyers

In our post last week, we discussed amusement park accidents. Normally, parks in California and around the country tend to be very safe while creating the illusion of danger on their thrill rides. But these rides can and do malfunction, and when this happens, park visitors are put in real danger of injury and death.

That being said, amusement park patrons sometimes contribute to their own injuries by acting negligently. In matters of premises liability, California uses the doctrine of comparative negligence. This simply means that if a plaintiff was partially to blame for his own injuries, his compensation may be reduced by the percentage of blame assigned to him.

This past week, a tragic and fatal accident at an amusement park in Ohio provided a grim reminder of how park visitors sometimes contribute to or cause accidents. According to news sources, a man was killed after being struck by a roller coaster train he had recently finished riding. The man reportedly hopped a security fence in order to retrieve a cellphone he had dropped during his ride on the coaster, which is called “the Raptor.”

Because this incident happened so recently, no lawsuits have been filed, and it is unknown if the matter will be criminally investigated. Moreover, based on the details reported, liability is far from clear. On one hand, a very dangerous area exists at the amusement park, wherein a rollercoaster passes near the ground. On the other hand, it was a restricted area with a security fence to keep guests out.

Some accidents on private property are clearly the fault of the property owner or the person who was injured. But in many cases, liability is not cut-and-dried. If you or a loved one has been injured on someone else’s property, an experienced personal injury attorney can help you better understand your rights and legal options.

Northern California teen killed in crosswalk to donate organs

Posted on February 8, 2017 by wmlawyers

A tragic car accident has left a high school freshman dead in San Jose, California, after she was struck by a truck near her school. The incident was just one of several serious pedestrian accidents throughout the area in late November that included at least two other fatalities.

Official reports show that the 14-year-old girl, who attended James Lick High School, was struck by a vehicle as she crossed the street at about 8 p.m. on Nov. 24. The girl had made it about halfway across the street, and a driver in the southbound lanes had stopped to let her go when she was struck by a driver who apparently did not see her. The young woman was alone at the time of the wreck.

It is not clear whether any criminal charges will be filed in connection with the accident since the driver of the Mazda minivan stayed at the scene to assist investigators. The girl's family said that she was declared brain dead shortly after the collision. She remains on life support pending organ donation, which they believe would have been her wish.

A rash of other pedestrian accidents in the area also left a 3-year-old child dead on Nov. 24 as he was being pushed across the street in a stroller by a 13-year-old family member. The driver in that case failed to yield to the children as they crossed the street on their way to a nearby park.

Even though we teach our children to take care while crossing the street, little can be done by parents to prevent inattentive drivers from plowing into these young victims. Drivers who cause such wrecks may not be subject to criminal consequences, but they should be held accountable for their actions in civil court. Family members of such victims may be able to recover financial compensation for wrongful death, loss of consort and a variety of other civil claims.

Source: www.insidebayarea.com, "San Jose: Organs of James Lick High student hit by car will be donated" Robert Salonga, Nov. 26, 2013

The hit-and-run epidemic plaguing California cities

Posted on February 8, 2017 by wmlawyers

Here in Oakland and in many other major cities around the country, pedestrians find themselves at odds with an automobile culture. In many cases, simply crossing a heavily traveled street can literally be a fight for survival.

Pedestrian accident injury/fatality rates are already unacceptably high. Adding to this problem is another serious issue: a rise in the number of hit-and-run accidents. The rate of hit-and-run crashes has steadily increased nationwide over the past few years, and California's largest city has the unfortunate distinction of being "ground zero" for cowardly drivers who flee the scene after causing an accident.

Hit-and-run fatalities increased by 13.7 percent between 2009 and 2011 according to the National Highway Traffic Safety Administration. It is worth noting that this increase occurred during a three-year period in which the overall rate of traffic deaths was decreasing.

Law enforcement agencies and safety advocates say that many drivers who flee the scene do so because they were already doing something illegal prior to the accident, such as driving drunk or driving without a license.

In response to this growing problem, lawmakers around the country are working to increase the penalties for hit-and-run accidents and make it easier to prosecute the offending drivers. Here in California, for instance, legislators recently passed a law that increases the statute of limitations in hit-and-run cases. When it takes effect next July, the statute of limitations will be six years instead of the current three.

Hit-and-run drivers are cowardly and irresponsible, but their offense is more significant than simply trying to avoid prosecution. The crash may have been an accident, but by fleeing the scene, the offending driver makes the choice to refuse aid to the person they just hit. One California legislator put it best when he said "it really comes down to folks being left for dead on the side of the road by the person who is in the best position to call 911."

Unfortunately, some hit-and-run drivers are never caught. But those who are may face serious criminal consequences as well as a civil lawsuit alleging personal injury or wrongful death.

Source: USA Today, "Fatal hit-and-run crashes on rise in U.S.," Larry Copeland, Nov. 10, 2013

California rear-end car accidents can claim lives

Posted on February 8, 2017 by wmlawyers

Operating a vehicle is a very big responsibility. Any negligence while driving can result in a car accident that can potentially be very tragic. California car accidents can occur in a New York minute, so paying attention to anything else going on while behind the wheel is a dangerous choice to make.

A recent accident that involved multiple vehicles was more than likely the cause of someone not paying attention, and sadly a man lost his life because of it. The 62-year-old man was driving alone in his small sedan when a Dodge Charger rear-ended him. The cause of the accident has not been reported, but, because of the initial rear-end collision, another vehicle was involved when the man's car was forced into a third car.

The accident ultimately resulted in the man's death as well as two other people's injuries. The man who was killed was apparently pronounced deceased at the scene of the crash. There were no reports on the seriousness of the other injuries. It was reported that the injured parties were both taken to a local hospital for treatment.

If negligence is considered to be a factor in the initial collision, the driver of the Charger could be facing criminal charges for the resulting death. The driver could also face civil claims filed by the man's family members in order to receive some sort of compensation for their loss. In California car accidents that result in a death, the at-fault drivers might possibly have to face both the criminal justice system and the family of the person who lost his or her life due to alleged negligent vehicle operation.

Source: 760kfmb.com, Fatal multi-vehicle accident in Little Italy, Abbie Alford, Dec. 23, 2013

Construction site debris allegedly causes fall

Posted on February 8, 2017 by wmlawyers

All over Alameda County, residents will see assorted types of construction. Sites in various stages of building or renovations are common in most communities. The day-to-day operations continue unnoticed most of the time. Premises liability issues come to the forefront, however, if someone suffers injuries as a result of hazardous conditions in or around the project.

There is a civil lawsuit pending that requests compensation in an undisclosed amount to cover medical expenses, lost wages and earning capacity, pain and suffering and other losses. The complaint was filed by a woman who allegedly tripped and fell on a sidewalk. According to her complaint, the fall occurred as she tried to step over wood that was piled across a neighborhood walkway. The construction company and its insurance company are named defendants in the suit.

A person walking on a normal path has an expectation of safety. In this all-to-common situation, it is alleged the construction company employees didn't properly maintain the work area. This created the dangerous property condition that resulted in the accident. Along with failing to secure and/or discard its workplace materials, the suit also accuses the company of negligence due to a failure to train its employees properly because the pathway obstruction was allowed.

The law provides an injured person with causes of action that can be included in a request for compensation. When people are injured through no fault of their own, many aspects of their lives are affected. The obvious needs include lost wages and medical expenses. The not-so-obvious needs are just as important. Loss of enjoyment of life, loss of love and affection, loss of consortium, mental and emotional distress, lost earning capacity and general damages are also claimed in the subject action.

It doesn't matter if the construction accident involves catastrophic injuries to several people or a trip and fall injury to one person. Recovery needs are important. Careful strategic understanding of options will open the door to meeting those needs when the responsible parties are held accountable.

Source: Louisiana Record, "Pedestrian sues construction company for obstacle that allegedly tripped her" Holland Phillips, Dec. 05, 2013

Parents speak out about son killed in drunk driving accident

Posted on February 8, 2017 by wmlawyers

Moving on after losing a loved one can be difficult. Family members grieving the loss of a loved one in an accident caused by a drunk driver may see emotional, financial and personal issues as barriers to a more positive future. Legal channels exist so that these individuals can seek monetary compensation for loss, pain and suffering, but sometimes, individuals go beyond those legal channels to find additional methods for healing. Such is the case with two California parents who lost their 21-year-old son in a drunk driving accident five years ago.

As members of their local Mothers Against Drunk Driving chapter, the couple came up with a plan to draw attention to the dangers of driving under the influence while honoring their son's memory. The plan involved the Mercedes their son was driving in 2008 when he was involved in the fatal car accident. According to authorities, the 21-year-old's car was hit from behind by a Subaru Impreza. The 21-year-old died at the accident scene.

In 2010, the man driving the Subaru was convicted of vehicular manslaughter. According to records, the man was driving under the influence and traveling at speeds over 100 mph when he hit the Mercedes. Five years after the accident, the 21-year-old's parents unveiled a trailer containing a special exhibit. With the help of MADD, they purchased the totaled Mercedes from the insurance company and created a custom-designed trailer to hold it.

MADD plans to display the trailer and totaled car at interested schools, organizations and gatherings. The 21-year-old's mother states that she hopes the trailer will raise awareness about the cost of drunk driving. State Farm Insurance presented MADD and the couple with a $15,000 grant to help pay for outreach efforts and education about the issue.

Following serious injury or the loss of a loved one in any type of accident, dealing with immediate needs and emotional upheaval is essential. Sometimes, legal resources can help victims find the funds they need to meet those needs, but in the years following such a loss, activism and reaching out to others can help with emotional healing.

Source: Contra Costa Times, "Parents of Castro Valley drunk driving victim unveil trailer containing car son was killed in" No Author Given, Nov. 14, 2013

Please include safe driving on your Christmas to-do list

Posted on February 8, 2017January 26, 2023 by wmlawyers

You probably need no reminder that Christmas is just a couple days away. Even if you did most of your shopping on Black Friday, there’s a good possibility that you’ll be making one more frantic trip to the mall to get that last gift or a trip to the grocery store to pick up some extra sides for the holiday feast.

But before you get behind the wheel, you may want to take a moment to examine your level of stress and anxiety. Doing so could prevent an auto accident. Traffic accidents tend to increase in the final days before Christmas, and about one-third of drivers admit that they tend to be more aggressive on the road when they’re feeling holiday stress.

If you’re in a hurry, chances are good that you’re focusing more on your to-do list than you are on driving. And as more and more motorists find themselves driving aggressively, driving distracted and speeding, an auto accident becomes increasingly likely.

State Farm Insurance Co. released a report earlier this month noting the increase in aggressive driving and which kind of drivers are most likely to be affected by it. The report showed that approximately 32 percent of motorists are more likely to drive aggressively leading up to the holidays. Those most prone to angry driving, State Farm said, are parents and drivers under age 49.

Even if you’re feeling rushed and stressed, please take a moment to consider the following question. Is your holiday to-do list so important that it’s worth risking your safety? No one wants to spend Christmas in the hospital. Therefore, please make sure that you pay attention behind the wheel and drive defensively. It’s better to arrive late than to never arrive at all.

Please have a safe and happy holiday!

Source: The Washington Post, “For drivers around Christmastime, it’s not exactly tidings of comfort and joy,” Ashley Halsey III, Dec. 2, 2013

Apartment’s neglected fire escape causes fatal fall for occupants

Posted on February 8, 2017January 25, 2021 by wmlawyers

Whenever you rent an apartment, you have the right to expect that the property is reasonably safe and well-maintained. The building should be in compliance with local fire and safety codes, and emergency equipment/exits should be regularly inspected repaired when necessary.

Anyone who gets hurt because of improperly inspected/maintained property may be able to sue for premises liability. Sadly, some occupants never get their day in court because an accident on negligently maintained property proves to be fatal.

While it did not occur here in the Bay Area, a recent fatal accident may serve as a warning to anyone renting an apartment here in Oakland; particularly in an older building. Just over a week ago, a fire escape collapse at an apartment building in Philadelphia killed one young man and seriously injured two others.

According to news reports, three men in their mid 20s were hosting a birthday party at their apartment. Later in the evening, they all stepped out onto the fire escape in order to smoke a cigarette. They were only out there for one or two minutes before the fire escape shifted, separated from the wall and sent the men falling four stories.

One of the roommates fell head-first and died a short time later. He was only 22 years old. The two other young men survived but suffered broken backs and other serious injuries.

News sources say that the building is old and that the fire escapes are clearly in disrepair. The city of Philadelphia holds property owners and landlords responsible for maintaining the safety of fire escapes. However, there may be some confusion about who is actually responsible for inspecting the fire escapes.

The Department of Licenses and Inspections is responsible for much of this work throughout the city, but exceptions are made for smaller buildings, which this apartment apparently is. L&I generally does not have to conduct inspections for these buildings unless complaints are made.

It is possible that the last inspection of this particular building happened over 50 years ago. Needless to say, that is far too long to neglect something as important as a fire escape.

Fatal and injurious accidents like this one are especially tragic because they are easily preventable. There should be no ambiguity about the responsibility for conducting inspections and making necessary repairs. When such responsibilities are neglected or misunderstood, an old fire escape becomes an accident waiting to happen.

Source: Philly.com, “Man died in ‘brutal fall’ after fire escape collapse,” Allison Steele, Angelo Fichera and Mike Newall, Jan. 15, 2013

Buzzed but not drunk? Study shows car accident risk is still high

Posted on February 8, 2017January 26, 2023 by wmlawyers

Despite California’s strict laws against drunk driving, the rates of death and injury associated with driving under the influence remain tragically high. If you are a social drinker, chances are good that you would never knowingly put yourself or others at risk by driving legally drunk. That is, with a blood-alcohol concentration of 0.08 percent or higher.

But have you ever driven yourself home from happy hour or a party after having just a couple drinks? According to the results of a recent study, you might actually be at a higher risk of an auto accident than if you had no alcohol in your system. Research from U.C. San Diego reveals that despite the legal threshold of 0.08 percent, there is no “safe” BAC level when it comes to driving.

Researchers came to this conclusion after studying data on more than half-a-million fatal car accidents in the U.S. that occurred between 1994 and 2011. The researched attempted to determine the risks of “buzzed” driving, which means driving with a BAC of 0.01 to 0.07 percent.

They found that there is no transition point between safe and unsafe. Rather, drivers with a BAC of just 0.01 percent are 46 percent more likely than completely sober drivers to be involved in a car accident and to be “solely blamed” for the accident by investigators. From there, risk increases steadily along with BAC up to a blood-alcohol concentration of 0.24 percent (or three times the legal limit).

Until or unless fully autonomous cars become standard, it is unlikely that a social drinker can always manage to avoid driving after having some alcohol. But for the sake of safety, you may wish to follow a general rule that the less alcohol you consume, the safer your ride home will be.

Source: NBC San Diego, “Study: “Minimally Buzzed” Drivers Often Cause Fatal Crashes,” Rory Devine and Monica Garske, Jan. 18, 2014

California car accidents involving motorcycles often deadly

Posted on February 8, 2017 by wmlawyers

When vehicle accidents involving motorcycles lead to a motorcyclist's death, the family members of the deceased may feel a range of emotions. For instance, they may feel unsettled as a result of such shocking occurrences, and they might also feel angry — especially if the wreck stemmed from other people's negligent or reckless driving in California. The loved ones of victims of such car accidents may choose to seek reimbursement for related monetary damages in California.

This is the situation that one family is facing in California. In this scenario, a car-motorcycle accident occurred in the evening. A sedan ended up striking a motorcyclist, authorities said.

Police initially said that the crash may have been a hit-and-run accident. Authorities later, however, said that they were able to question the driver. It appeared to be a tragic accident, according to police.

If the driver whose vehicle struck the motorcyclist is discovered to have been speeding in the area or failed to yield to the motorcycle, for example, then he or she could face legal trouble in the form of a wrongful death lawsuit. The surviving family members of the motorcyclist in this situation have a right to seek financial damages connected to the collision based upon a showing of negligence. Financial restitution from a successfully litigated lawsuit can help with expenses permissible under our California state law following fatal car accidents, such as funeral costs and other end-of-life expenses. If liability is established in civil court, claims for monetary damages will be decided.

Source: NBC Los Angeles, Motorcyclist Killed in NoHo Crash, Beverly White, Dec. 27, 2013