Premises Liability

Property Owners are Responsible for Their Swimming Pools

July 30, 2020 | Gregory J. Brod

According to the CDC, 3,500 people die from unintentional drownings not related to boating every year. Many of those deaths occur in swimming pools located on the properties of hotels, apartment buildings, and condominium complexes. The owners of these properties are responsible for ensuring that their swimming pools are safe and that they have warning signs up regarding the risks associated with swimming pools. When property owners fail to do this and someone becomes injured or killed in their swimming pool, they can be held liable.

Responsibility of Property Owners

Property owners are responsible for ensuring that their property is safe and well maintained, and that includes swimming pools on the property. When it comes to swimming pools specifically, property owners are responsible for:

Three Common Types of Accidents in Winter

December 30, 2019 | Gregory J. Brod

California may not get the harsh winters that are seen throughout much of the country. However, even in the Golden State the weather changes during the winter. Temperatures drop and the days are shorter, and this causes car accidents that may not have occurred during the hot summer months. Below are the three most common types of accident claims filed in California during winter, and what you should do if you are involved in any of them. If you have been injured in any type of accident, reach out to a California personal injury lawyer today.

Slip and Fall Accidents

Only certain parts of California see any snow during the winter, but the entire state gets some rainfall, and icy patches are sometimes found in some areas. In slippery conditions like these, it is easy for a person to slip and fall and become seriously injured. Slip and fall accidents and claims increase during the winter.

Are Stadium Owners Liable for Injuries?

May 26, 2019 | Gregory J. Brod

It was in April when the Los Angeles Dodgers played their longest regular-season game in franchise history. The game went on for 13 innings, a total of six hours and five minutes. At the end of it all, the Dodgers lost to the Arizona Diamondbacks. Needless to say, at the end of the game the fans were spirited, and some were angry. A man was attacked in the parking lot by another man and is now suffering from serious brain injuries.

The attack shocked Californians across the state, particularly considering this is not the first time something like this has happened at Dodger Stadium. It also has many wondering, who is liable for injuries that happen at a sports stadium?

When Stadium Owners are Liable

Incident at Bear Mountain Ski Resort Raises Safety Concerns

April 6, 2018 | Gregory J. Brod

In early March, a video was released showing a 5-year-old dangling from a chairlift at Bear Mountain Ski Resort. The young child slipped from the chairlift shortly after it started moving. The child’s ski instructor caught her by her hoodie. During the time she was dangling from the lift, the child was choked by her the hoodie and her helmet. Thankfully, the young girl was able to safely drop to a tarp. She suffered bruising to her neck.

From initial reports, it appears at least two things went wrong. The night before, rain in the area froze, causing ice on the equipment. The child’s parents believe the lifts were not properly cleaned in the morning before being put to use. Also, when the child, her sibling, and the instructor got on the chairlift, the safety bar was not brought down. Bear Mountain officials are investigating the accident to determine what went wrong and how to prevent similar occurrences.

Ski Resorts are Not Liable for All Injuries

Ghost Ship Warehouse Tenants Arrested and Charged with Crime After Deadly Fire

June 7, 2017 | Gregory J. Brod

In October of 2016, a fire broke out in a warehouse in Oakland, California. The warehouse, known as Ghost Ship, had been converted into an artist collective and was illegally home to numerous people. At the time of the fire, the warehouse was hosting a concert with about 50 guests. 36 people were killed. Now, two tenants of the warehouse have been arrested and charged with crimes in relation to the fire.

The Ghost Ship Warehouse Fire

Investigators could not determine the exact cause of the fire, which began on the first floor at around 11:20 p.m., however it is speculated that it may have begun with an electrical appliance. Investigators could pinpoint numerous factors that led to the significant number of fatalities. The warehouse did not have smoke detectors or any fire suppression system, like sprinklers. There were only two stairways in the warehouse and neither led to a direct exit out of the building. One of the stairways was built from stacked wooden pallets, which meant it likely began to burn while visitors and residents were attempting to escape. Additionally, because the dwellings within the warehouse were homemade out of random materials and were not organized with straight hallways, it was difficult for visitors to navigate the warehouse and find an exit.

Oakland Ghost Ship Fire May Result in Wrongful Death Lawsuits

December 12, 2016 | Gregory J. Brod

When you go to a party, the last thing on your mind is the safety of the premises. The property owner is expected to keep the building safe. The recent fire at the Oakland building known as the “Ghost Ship” may be a tragedy that could have been prevented. While the cause of the blaze is under investigation, there may have been several violations that contributed to the dangerous conditions. When someone is seriously hurt or killed because of the negligence of the property owner, the victim or his family may be entitled to compensation for damages.

Ghost Ship Used as Art Collective

The Ghost Ship, as it was called by many, was an old warehouse that was repurposed as an art collective. The building housed several different types of activities including artist studios. The premises also housed some people who lived there, although that was not the intended purpose. The building also sometimes hosted dance parties, which typically occurred on the second floor. According to preliminary reports, the building went up in flames quickly on a Friday night when it was filled with a number of people attending one of these parties.

Woman Struck By Tree Branch Struggles with Obtaining Compensation from City

September 1, 2016 | Gregory J. Brod

Emma Zhou was struck by a tree branch in Washington Square Park, San Francisco on August 12. In the three weeks since the accident, the family has attempted to move forward – but the process has not been easy. While watching her children play in the park, a 100-pound tree branch belonging to a city-maintained Canary Island pine tree fell 50 feet, hitting Ms. Zhou squarely in the head. The branch fractured her skull and broke her spine. Her doctors believe she will require at least sixteen months of rehabilitation and (even then) will not walk again.

City “Investigates” Why Branch Fell from Healthy Tree

Ms. Zhou’s medical costs (as well as the expenses and frustration) of her family continue to mount but, despite the fact that the tree was maintained by the City of San Francisco, the city has not come forward with an offer to assist her at this time. Instead, the city has claimed it is “investigating” the matter, attempting to determine how a “healthy” tree last inspected in 2010 would lose a branch in such a manner.

Northern California Child Injury Lawyer Examines Furniture Tip-Over Accidents Amid Major Recall

June 29, 2016 | Gregory J. Brod

Being a parent is hard work. There is no greater responsibility and no greater joy. As the parents on our team know firsthand, most parents try their very best to keep our children safe. Still, we are all too aware of the fact that tragedies happen. Falling furniture remains a source of far too many child injuries and child deaths. We can all help prevent tip-over accidents, but we should also be able to trust that the products we bring into our homes are reasonably safe. When a dangerous product leaves a child injured or claims a child’s life, our San Francisco child injury law firm can help the family get recover compensation and help to prevent future tragedies from occurring.

IKEA Recalls Furniture Blamed for Six Child Deaths Due to Tip-Over Concerns

As reported this week by SFGate.com and the Associated Press, Ikea is recalling 29 million pieces of furniture in the wake of six reported child deaths linked to toppling units. According to the Consumer Product Safety Commission (“CPSC”), all six deaths involved children aged three years or younger. One of the deaths occurred some 27 years ago, but the other five occurred between 2002 and 2016. Additionally, the CPSC reports it has received 36 reports on child injuries linked to the furniture.

Slip and Fall Accidents: What You Should Know Before You Sue

June 9, 2016 | Gregory J. Brod

Picture this; you walk into a mall and as you are walking towards the clothing store you suddenly slip or trip and fall. You lose your balance either because the floor tile you just stepped on had an extra helping of floor polish or it was sticking out. Such accidents are not uncommon. According to the Centers for Disease Control and Prevention, more than 700,000 people are hospitalized every year because of a fall injury.

Most fall injury victims are hospitalized for head injuries or hip fractures.

Accidents like these do not just happen in malls but also in workplaces, parks, concert halls and so on. It is important to know the legal options you have in a situation where you slip and fall because someone else was negligent. Our firm knows how handle the complexities and grey areas around slip and fall cases and may handle your case depending on the scenario.

A Message About Pool Safety and Civil Liability for Pool Drownings from Your Santa Rosa Injury Attorney

May 18, 2016 | Gregory J. Brod

As summer nears, pools and lakes are becoming (forgive the pun) hot spots. With the arrival of the water recreation season comes an increased danger of drowning and children are particularly at risk. Often, drowning is a tragic accident. However, sometimes drowning, in particular swimming pool drowning, occurs because a company or individual is negligent. When negligence puts people in danger, our Santa Rosa pool injury lawyer fights for the victims and for their families.

Fatal Drowning in Rohnert Park Condo Pool

One of the first reported drowning deaths of the 2016 season occurred on Sunday according to a report from the Santa Rosa Press Democrat. Police believe that a young child was using a kickboard in the swimming pool at a Sonoma condominium complex when he slipped off the board. Officers suspect that the 4-year-old boy was underwater for several minutes before he was spotted. Bystanders attempted CPR and rescue workers, who arrived within four minutes of the 911 call, continued the efforts, but they were unsuccessful and the boy was pronounced dead at Santa Rosa Memorial Hospital. A representative from the police office urged great care as the water activity season begins stating, “Whether you’re swimming or boating, in a lake, a pool or the ocean, it doesn’t matter the age, be observant, be aware.”