Property owners in California have a duty to keep their premises in a reasonably safe condition so that visitors to their properties will be safe. When a property owner fails to correct a dangerous condition that should have reasonably been discovered or that the property owner knew existed, the property owner may be liable to pay damages if a visitor to the property is injured because of the dangerous condition. In Joseph C. Wessling v. Pacific Bell Telephone Company, et al., Santa Cruz County Superior Court, Case No. CV178079, the liability of a telephone company that owned a manhole in a bicycle accident was explored.
Los Angeles is still one of the most dangerous cities for pedestrians. In Los Angeles, pedestrian accidents have continued to rise over the past decade. When a pedestrian is struck by a car or other motor vehicle, he or she is much likelier to suffer serious injuries or to be killed. More people are choosing to walk to work or school. At the same time, there are more vehicles that are traveling on the roads, driving up the number of these types of accidents. If you have been seriously injured while you were walking, or your family member has been killed, it is important for you to talk to an experienced personal injury attorney.
Accidents involving pedestrians in L.A.
Senate Bill 820
Introduced by state Sen. Connie Leyva (D-Chino) on Jan. 3, 2018, SB-820 would bar confidentiality clauses in settlement agreements of cases involving sexual harassment, sexual assault or discrimination. The bill would void confidentiality clauses in settlement agreements as being against public policy. The bill is currently before the Judiciary Committee. This bill is important because many civil sexual harassment settlement agreements contain confidentiality clauses that prohibit the victims from divulging factual information about what happened to them. If the bill is enacted into law, these types of clauses would be void and unenforceable, allowing victims to share what happened to them with others so that they can be warned.
Factual background of the case
The plaintiff, Akiko Takemura, was a 28-year-old woman who was riding as a front-seat passenger in a Prius that was being driven by CJ Taso while the pair was traveling to Las Vegas. While they were traveling, the Prius ran out of gas. Taso attempted to pull the vehicle safely off the freeway when the car was struck from behind by a gas-tanker truck. Takemura suffered serious injuries, including fractured vertebrae in her back and neck. She was forced to remain in the hospital for two months after the accident.
Factual background of the case
Around 4:30 p.m. on Nov. 13, 2013, Chon Ho Park drove down the driveway of his apartment complex. As he drew near to an automatic gate, he noticed that it was working improperly. Oh watched the gate as it opened and closed multiple times and called his landlord to ask what he should do. His landlord told him to turn the switch on the automatic gate to the off position so that the landlord could inspect it later on during the day. Park looked for the switch but could not see it. He walked around to the outside of the gate to look for it. The switch was located inside of the motor’s exterior plastic housing. While Park stayed on the phone with his landlord, he reached through some metal bars in order to try to turn the switch off. When he did, the gate closed on his wrist and arm, breaking them. Park filed a lawsuit against his landlord alleging that the landlord had negligently maintained the gate.
On Feb. 27, 1992, Stella Liebeck was a passenger in her grandson’s vehicle. The pair pulled into the McDonald’s drive-through, and Stella Liebeck ordered a cup of coffee. Her grandson then pulled into a parking space so that she could add cream and sugar to it. When she did, she spilled some of the coffee onto her lap. Since she was wearing cotton pants, the coffee caused her third-degree burns to her thighs and her butt.
On March 6, 2014, at 7:30 p.m. the defendant, Jon Bullard, was headed home after finishing his shift at the restaurant that he managed. He was the manager of the Newport Landing Restaurant and Oyster Bar, which was owned by Waterfront Enterprises. When he reached the intersection of Thalia Drive and the Pacific Coast Highway, Bullard pulled into the middle of the intersection in order to make a left turn. While he waited for the traffic heading in the opposite direction to clear, the traffic light turned yellow and then red. He proceeded with his left turn and struck some pedestrians who were crossing the street in the crosswalk. Bullard pulled over and called 911. Both of the pedestrians had been knocked down by his truck. The plaintiffs had to go to the hospital by ambulance for treatment.
Overview of a Coup and Contrecoup Brain Injury
Blows to the head may cause brain contusions, which are bruises to the brain. A coup brain injury happens on the side of the head that was hit while a contrecoup injury occurs to the brain on the opposite side of the impact. These injuries often happen together when a forceful blow causes the brain to collide into the skull, causing a traumatic brain injury. Contrecoup injuries may happen in motor vehicle accidents sometimes result in diffuse axonal traumatic brain injury, leading to permanent disabilities.
Workplace fatality statistics
According to the Census of 2016 Fatal Occupational Injuries Report that was released by the U.S. Bureau of Labor Statistics, 5,190 people were killed while they were working on the job during the year. The number of fatalities increased by 7 percent over the number of workers who were killed in 2015. The fatality rate increased from 3.4 deaths per 100,000 workers to 3.6 deaths per 100,000 workers.
Factual background of the case
On March 6, 2011, a tourist from Oklahoma named Terry Turner ate at Geoffrey’s restaurant, which is located in Malibu. After he finished eating, he tried to turn left onto PCH. PCH is a one-way road in front of Geoffrey’s that has a median to divide traffic that is headed in the opposite direction. When Turner turned left, he was headed directly into oncoming traffic. A 41-year-old man named Joseph Annocki Jr. was riding his motorcycle on PCH. He tried to avoid Turner’s vehicle, lost control of his motorcycle and fell off of it. He was killed as a result. Turner’s parents filed a wrongful death lawsuit against Turner, Caltrans and Petersen Enterprises LLC, the parent company of Geoffrey’s Malibu under theories of negligence and premises liability.