Stockton Injury Lawyer Blog

A tragic California State University Long Beach elevator accident has raised questions of safety and liability after an employee was killed when an elevator crushed her. According to reports, a woman was trapped in an elevator between the 2d and 3rd floors of a building on the campus as the result of an elevator malfunction. The woman tried to squeeze through an opening between floors but the elevator moved, pinning her between the floor and elevator. She died at the scene.

Whether safety failures or other issues of negligence or liability played a role in this incident will be investigated.

Many issues exist whenever an individual suffers an accident at work. Speaking to a knowledgeable Stockton work related accident lawyer is important to protect your rights and ensure those harmed and their loved ones receive the compensation they are entitled to.

When workplace accidents occur, they may result in a worker's compensation action or third party action. Pursuant to a worker's compensation action, an injured worker or his or her family may be able to recover damages regardless of liability. However, this amount is generally low and may not bee sufficient to cover the cost of medical bills, lost wages and pain and suffering. Alternatively, a third party action may be possible where an outside party is responsible for causing or contributing to an injury. Generally, an individual or family may be able to recover greater compensation by filing a civil lawsuit involving a third party claim.

Here, the elevator accident is an example of potential premises liability. Premises liability exists where an unreasonably dangerous condition exists on another's property - whether a homeowner, a business, a governmental body or a University. If a dangerous condition exists, and the owner fails to correct it if they knew or reasonably should have known about it, or if they fail to provide adequate warning, the owner may be found responsible for any damages that occur. These damages may include medical expenses, lost wages and pain and suffering. Where a fatality occurs, the surviving family members may be able to bring an action for wrongful death.

Continue reading "Long Beach Fatal Elevator Accident Raises Issues Of Safety" »

A tragic case out of New Jersey, in re Matter of John Fiocco, Jr., deceased, highlights the responsibility of public entities to maintain a safe environment. In the wrongful death lawsuit the family of young college student alleges that the College of New Jersey was responsible and should be held accountable for the death of their son. The parents, Susan and John Fiocco allege that "lax security measures" at the campus allowed a stranger to enter their son's dormitory and murder their son.

The college argued that it was protected from civil suit as the result of immunity laws that shield public and charitable institutions from liability unless the institution was either "grossly negligent" or allowed a "dangerous condition" to exist at the time of an accident. However, the court ruled that allegations that the college allowed open access to the dorm 16 hours a day and did not make sure that exterior doors leading into the dorm and the trash compactor room were locked, could be considered "grossly negligent" and/or a dangerous situation. As a result, the college could not hide behind immunity statutes to shield itself from civil liability.

Similarly in California, public entities may be held liable for creating dangerous conditions. If you have been injured as the result of a dangerous condition on public property or have lost a loved one, a Stockton injury lawyer can advise you of your rights and consult with you regarding your next steps.

Under California law, several different issues and laws may be considered in determining whether to file a wrongful death lawsuit or premise liability claim. For example, was the public entity aware of the dangerous condition? Even if the entity was not aware of a condition - should they have discovered the condition? Did the entity adequately inspect and maintain the property? In the event the entity was aware of a dangerous condition, did it take adequate steps to prevent foreseeable risks of harm?

Continue reading "College May Be Found Liable In Wrongful Death Lawsuit - In re Matter of John Fiocco, Jr., deceased " »

A recently filed wrongful case examines the responsibility of a bar in the death of a 21-year-old Paso Robles man, Bryan Brady. In Brady v. Pappy McGregor's Pub & Grill, the parents of a man struck and killed by a train have sued the bar for negligence. In California, a wrongful death case may be filed where the careless, reckless or intentional acts of another person or corporation cause the death of another. In these situations, the families and children of the person killed may be entitled to recover damages for their loss. Although the type of compensation available varies, it may include medical costs, loss of love and companionship, funeral and burial expenses and in some instances, punitive damages. A knowledgeable California wrongful death lawyer can provide you crucial advice and help you determine your next steps.

Wrongful death lawsuits can occur in almost any area of personal injury, including car accidents, medical malpractice and workplace accidents. Here, Brady was killed after celebrating his 21st birthday at the Crooked Kilt - a downtown Paso Robles business. Byran was served drinks by the bar employees after he was drunk, violating company policy. A patron of the bar then knocked Bryan unconscious in front of the bar. Bryan allegedly remained unconscious for three to five minutes "in obvious need of medical attention." He was then reportedly carried away from the bar by unknown patrons in an unconscious state and "unable to care for himself and see to his own safety." He was later found dead on a section of train tracks behind the Crooked Kilt after being struck by a freight train.

The parents allege that the bar employees were negligent for several reasons, including serving Bryan alcohol in violation of company policy and failing to call 911 after Bryan needed medical attention. The parents also assert that a "special relationship" exists between business owners and patrons that "imposes a duty of reasonable care" to help those in need of medical attention.

Continue reading "Wrongful Death Case Filed Against Paso Robles Bar in Brady v. Pappy McGregor's " »

A recent case out of the Ninth Circuit, which includes California, examined the duty of a cruise ship to warn passengers of dangerous conditions. In Samuels v. Holland American Line - USA Inc, et al. an injured passenger sued the cruise ship line Holland American. The passenger asserted that the cruise line had a duty to warn him of the dangers conditions that he might encounter swimming on the Pacific Ocean side of Lover's Beach located in Mexico's Baja peninsula.

In many situations, if you suffer injuries as the result of the carelessness or recklessness or others, you may be able to recover compensation such as medical expenses, lost wages, pain and suffering and in some cases punitive damages. If you have suffered any personal injury it is important to speak to a Stockton personal injury attorney immediately to discuss your options and determine your next steps.

Here a passenger of Holland American Line, Gerald E. Samuels, was seriously injured while on a seven-day cruise. While the cruise ship was anchored in Cabo San Lucas, Samuels and his family visited nearby Lover's Beach and began to play in the waves. Samuels had asked several Holland staff members regarding the safety of swimming at Lover's Beach and had been assured that it was safe to visit.

After initially swimming in the Sea of Cortez, Samuels then proceeded to swim on the Pacific Ocean side of the beach. According to his observations, the waves weren't particularly rough. However, as soon as Samuels entered the ocean he remembered feeling a "tremendous pull up and back and then being upside down." Samuels struck his head on the ocean floor and sustained severe neurological damage. He was carried ashore by bystanders and is now classified as a "high-functioning quadriplegic."

Samuels subsequently sued the cruise line alleging a failure to warn of the dangerous conditions, specifically that the cruise ship's staff should have warned him of the dangers of swimming on the Pacific Ocean side of the back and that had he been warned he would not have entered the ocean.

Continue reading "Ninth Circuit Reviews Failure To Warn In Samuels v. Holland " »

With summertime parties and carnival season in high gear, a recent article in USA Today raises an important question. How safe are carnival rides and backyard rental items such as inflatable bounce houses? The answer it turns out, depends on what state you live in. However, even in the states with the most oversight - such as California - accidents occur and injuries happen.

In these instances, it is critical to contact an experienced Stockton personal injury lawyer to determine your next steps. As the article explains, when accidents occur, they may be a result of a variety of factors, such as a safety failure by the manufacturer, errors in installation and failure to properly supervise their use.

Reports indicate that at least 50 children have been injured so far this year in amusement park rides. Last year, 2 children died in carnival accidents. Demonstrating just how dangerous inflatable rides can be, this past June a video captured a strong wind up-ending three inflatable rides, sending them into a crowd and injuring 13 people.

Potential injuries from amusement park rides and backyard inflatables include head and neck injuries, traumatic brain injuries, back injuries, broken bones and cuts and bruises. In the worst cases, dangerous rides have even resulted in wrongful deaths.

Under California law, where an accident occurs on a person's home or property, or at a place of business such as an amusement park, the injured party may bring a premises liability lawsuit. A premises liability lawsuit occurs where an owner or operator of the premises fails to keep their property in a reasonably safe condition or fails to adequately warn of dangerous conditions which the owner or operator knows about, or should have known about. In some situations it may also be possible to bring a product liability lawsuit where an accident occurs as the result of a design defect or manufacturing defect. An experienced Stockton personal injury lawyer familar with premises liability lawsuits and product liability cases would be able to evaluate the circumstances and determine the type of claims available to you.

Continue reading "Carnival Ride Accidents - How Safe Are California Carnival Rides And Backyard Bounce Houses?" »

Nearly a year after the deadly off-road accident in California's Mojave Desert, questions concerning fault and just what went wrong that fatal evening remain. Brett Sloppy - a driver of a truck that ran into the crowd of spectators killing eight - believes that the incident was an accident.

According to KCBS, Sloppy notes that the steering wheel of his truck was "ripped out of his hands" after it jumped a stretch of the track known as the "rockpile." He attributes this to an accident. Eight people died and dozens of others were injured after the truck slammed into the crowd and landed on its roof.

Questions have been raised concerning numerous different factors such as were the spectators allowed to get too close to the race? Did spectators disregard warnings? Did the U.S. Bureau of Land Management take the necessary precautions? Did race promoters follow proper protocol?

Here, several avenues of fault may exist. First, an internal investigation has shown that the Bureau of Land Management did not adequately monitor the race and failed to follow all the necessary procedures. Further, only one ranger was on patrol. Spectators crowded the course.

As Sloppy notes, "That was... the worst sight in my life and I never want to see that again." Whenever any tragedy occurs, it is important to uncover the reasons behind an accident and do what is possible to prevent a similar incident from recurring.

Continue reading "Deadly Off-Road Race Raises Questions Of Liability " »

A recent story run in the Orange County Register reported an alarming statistic - close to 300 amusement park accidents involving injuries occurred at amusement parks in the last 2 years. While some of the injuries were minor, many serious injuries occurred such as back injuries, head injuries and spinal cord injuries.

If you have been injured at a California amusement park, it is important to speak to a Stockton personal injury lawyer to determine your next steps.

Amusement park injuries - or any type of injury that occurs on the premises of another - generally fall into the category of "premises liability." Premises liability refers to the concept that owners or operators have a duty to keep their premises in a reasonably safe condition and to provide warnings of dangerous conditions that the owner or operator knows about, or should have known about. Premises liability actions can arise in any situation where someone is harmed at the place of another, be it a home, shopping mall, sports arena or amusement park.

Continue reading "California Amusement Park Accidents Raise Concerns" »

According to the Modesto Bee, two men have died as the result of a scuba diving accident at a Tuolumne County mine. Four men were diving at the old Jamestown Mine when two of them disappeared under the water. Although they were able to bring one of them to the surface, he subsequently died as the result of his injuries. The body of the other man has not yet been recovered.

Whenever tragic accidents occur, several questions of fault are raised. It is important to speak to an experienced California personal injury attorney to determine your next steps.

Here, it is unknown why the men were scuba diving at the mine. The circumstances surrounding that decision are important. Further, it is unknown whether appropriate restrictions and warnings were in place surrounding the gold mine and whether the county allowed an unreasonably dangerous condition to exist on its property. Answering these questions is crucial to maintaining a lawsuit.

Continue reading "Two California Men Die In Scuba Diving Accident " »

After four performers have been injured while working on the Broadway musical "Spider-Man: Turn Off The Dark," producers canceled shows to add safety precautions.

The recent accident involved a stunt actor who sustained serious injuries after falling more than 20 feet to a basement below the stage. As a result of the fall, he suffered broken ribs, internal bleeding, as well as other injuries. A spokesman for the show said the accident was due to "human error" but failed to provide any other explanation. 3 other actors have been injured, including a woman who sustained a concussion.

Although the cause of the accidents is still under investigation, many questions are raised regarding liability. These issues are present in many stage productions throughout California involving stunts, as well as an elaborate stage and scenery.

Generally, workers' compensation covers injuries that occur during the course of employment and the actors are limited to those damages. However where a third party may be responsible - such as a contractor who installed set props - the injured party may sue for negligence.

Continue reading "Serious Injuries Close Down Spider-Man Performance" »

In the week following the San Bruno pipeline explosion, many are asking if anything could have been done to prevent such a tragedy. One article has pointed to repair delays that if made, could have avoided the accident. According to reports, California state officials provided PG&E close to $5 million to replace a South San Francisco natural gas line identified as a "high safety risk" but never did the work.

The Utility Reform Network (TURN) alleged that the California Public Utilities Commission has granted PG&E $5 million three years ago under the assumption that it was going to replace high-risk sections such as the one that exploded. However, it failed to do so. In fact, the pipe still is in dangerous shape, with one document calling the risk of failure on the pipe "unacceptably high" and that an explosion "has a potential impact radius of 415 feet and is located in a heavily urbanized area."

As noted by one official "If they had done the work, maybe they could have found something that would have alerted then to the potential of a catastrophic failure of the pipe."

When a company knowingly allows a dangerous condition to exist and either fails to warn of the danger, or fix the dangerous condition, they may be held liable.

As evidenced by the explosion, when pipelines fail the impact can be tragic. At least four people died and dozens more were injured - possibly sustaining burns, traumatic brain injuries, head and back injuries.

Continue reading "Delays In Repairs by PG&E Could Have Lead To San Bruno Explosion" »

This past weekend, an off-road racecar became airborne and crashed into a large group of spectators watching the California 200 near Lucerne Valley. Six people died at the scene and two more later that evening. Several more were injured.

When accidents happen at sporting events questions arise regarding liability. Many spectators assume they are safe at sporting and special events - whether baseball games, concerts, or car races. However, this is not always the case. Further, when accidents do happen, the party ultimately responsible for any injury depends on a variety of factors.

One of the first issues to determine is who owns the property? Here, the property was owned by the Federal government and controlled by the Bureau of Land Management. In some circumstances, owners of land may be held liable for dangerous events that occur on their property.

Further, was a third party, host, or contractor involved? Here the event was promoted by Mohave Desert Racing (MDR). Did MDR do all that was necessary to warn of risks involved in the event and take necessary safety precautions?

Additionally, did the driver's or spectators' actions play a role? The contract for the event specified that the trucks are to limit their speed to no more than 15 mph when spectators are near by. Witnesses report that the truck was going faster than this speed when it left the raceway and that the spectators were crowding the field.

Although the specific facts and circumstances surrounding this tragic case are unknown, the event has raised many questions regarding the safety of off-road races.

Continue reading "Tragic California 200 Crash Near Lucerne Valley Kills Eight" »

A deadly explosion at a California commercial building has left one person dead and severely injured at least two others.

The explosion made a large hole in the building's roof, and firefighters immediately evacuated the surrounding area.

The cause of the accident is still under investigation. Although it is unknown what caused the explosion, when significant injuries and fatalities occur on another's property many questions are raised about the safety of the premises.

Generally, the owner or operator of a premises - such as a store, a building, a park or even a home - has a duty to keep the property reasonably safe and to provide warnings of dangerous conditions he knows of or should have been aware of.

Where the owner knows about a dangerous condition, but fails to provide any warning, he may be responsible for any injuries that occur on the premises - including medical costs, lost wages and pain and suffering.

Continue reading "Fatal California Building Explosion Causes Substantial Damage" »

Experiencing a dog bite attack can be a very traumatic experience, oftentimes resulting in serious personal injury. California law used to mandate that the owner of the dog have notice of the dog's propensity to bite. No longer as California law did away with the "One Bite Rule". Now, if you are bitten by a dog the owner of that dog is responsible for your personal injuries regardless of the dog's history. It may very well be the first time that dog has ever bitten someone. That fact no longer matters as the owner is still liable for your damages.

A complexity I often see is when the owner of the dog rents the house in which they reside. This is a problem in that a renter will either a) not have insurance or b) have insurance that doesn't cover this type of incident. There are numerous elements that need to be established to hold a landlord liable for the acts of the tenant's dog in a bite situation.

Regardless, the assistance of an attorney is beneficial in both situations to preserve evidence of the attack, determine the coverage applicable to the owner of the dog, and to make sure you get proper compensation for your damages when you are bitten by a dog.