Archive for the ‘ Premises Liability’ Category

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California Premises Liability Law

Wednesday, June 30th, 2010

According to California law, property owners or tenants must “express due diligence” with their buildings and/or land and can be held responsible for any damage or injury that occurs on or within their property. While that seems fairly straightforward, California premises liability laws are anything but straightforward for determining liability. This is one of the many reasons why it is very important to hire an experienced California premises liability attorney. California’s premises liability laws can be extremely complex in determining liability, percentage of liability and many other important factors.

To illustrate the complexity of California premises liability laws, consider California Civil Code section 1714:

“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

Your Orange County premises liability lawyer will tell you that the phrase “want of ordinary care” is central to determining damages in a premises liability lawsuit. When most people hear about premises liability, they think of slip and fall accidents, but there are many other situations that are governed by premises liability law.

If you or a close family member has suffered an injury on someone else’s property that you believe was caused by the owner failing to express due diligence or from want of ordinary care, call 888.848.5084 today. The California premises liability lawyers at the Law Offices of Samer Habbas may be able to help you seek damages to help with medical expenses, lost time at work and other accident-related costs you have incurred.

California Court Rejects Premises Liability Lawsuit Filed by Guest at Party

Thursday, April 22nd, 2010

The California Sixth District Court of Appeal recently issued a ruling that said that a homeowner who advertises a party on a social networking site “does not thereby assume a heightened duty to provide security.” The court affirmed the dismissal of a suit by three individuals who claimed that they were beaten and stabbed at the home of a person who had advertised the party on popular social networking site, MySpace.com.

The plaintiffs claimed that the defendant had subjected them “to an unreasonable risk of bodily harm.” The risk of bodily harm arose from “(1) an unregulated publicly advertised event involving the consumption of alcohol, dancing, live music and DJ services; (2) without restriction on the number or identity of persons attending; and (3) with no attempt to control admission or provide security or protection for attendees.”

The plaintiffs also claimed that the defendant “knew or should have known that such actions were highly likely and substantially certain to attract gang members to defendant’s property, to attract violent youths to defendant’s property, to create a dangerous condition on defendant’s property and to result in injuries to persons attending the party and others.”

In his March 12 opinion, Justice Richard McAdams said that the defendant’s use of MySpace to raise awareness about the party did not increase the risk of harm to the plaintiffs. In his decision, the judge cited Sakiyama v. AMF Bowling Centers, Inc., 110 Cal.App.4th 398 (2003), in which the owner of a property where a rave party took place was not liable for injuries caused by a driver who attended the party.

The Law Offices of Samer Habbas watched the developments in this case with great interest. Southern California premises liability attorneys like Mr. Habbas represent clients in premises liability every day, and each situation is unique. Generally, when an injury occurs due to hazardous conditions on someone’s property, the property owner holds liability for the injuries. Under the circumstances of this particular case, the court did not agree with the theory of liability that the plaintiff set forth. If you’d like to discuss your case with Southern California premises liability lawyer Samer Habbas, call his law offices today at 888.848.5084.

Resource link: California Court Rejects Premises Liability Lawsuit Filed by Guest at Party

What is a Slip and Fall Accident?

Tuesday, April 20th, 2010

Slip and fall accidents, also called trip and fall accidents or premises liability, are injuries caused by people tripping, falling or slipping due to hazardous conditions on someone’s property. Spilled or leaked liquids on floors are common causes of slips and falls, but ice, unsecured floor tiles, holes in the ground and many other hazards can lead to someone slipping, falling and becoming injured. According to the National Center for Injury Prevention and Control, more than eight million people in the U.S. suffered injuries in slip and fall accidents in 2004, and the actual number is believed to be much higher as many slips and falls are not reported.

Senior citizens are especially vulnerable to slip and fall accidents and injuries because their reflexes and ability to break a fall are not what they once were. Their bones are also not as resilient. Nearly 16,000 people aged 65 and older died from injuries caused by slip and fall accidents in 2005. That same year, 1.8 million senior citizens received treatment for slips and falls, and more than 433,000 were hospitalized.

Los Angeles slip and fall accident lawyers such as Samer Habbas are very concerned that property owners are not taking necessary steps to prevent people from slipping, tripping and falling on their property. If someone is injured in a slip and fall or trip and fall accident on their property, they could be held liable for the injured person’s injuries. If you or an immediate family member sustained injuries in a slip and fall accident, Southern California slip and fall accident attorney Samer Habbas may be able to help you recover damages. He offers free consultations and can explain the laws that apply in plain language so that you can make informed decisions. Call 888.848.5084 today to schedule a consultation with California slip and fall accident lawyer Samer Habbas.

Resource link: What is a Slip and Fall Accident?

California Premises Liability Lawyers Watching Los Angeles County Case with Great Interest

Wednesday, April 14th, 2010

In a premises liability case that could establish an important precedent, 400 people who claim that they were exposed to toxins while they lived at the Ujima Village housing complex in Willowbrook sued Los Angeles County. LA County owns the complex, which Exxon Mobil formerly owned. The suit was filed in the Los Angeles County Superior Court on April 9 and claims that the site’s former owner and developer deliberately concealed evidence of the site’s contamination.

The 300-unit complex was developed on the site where large oil storage tanks sat for many years. The suit claims that the site’s contamination has caused chronic infections, asthma, cognitive and neurological problems, miscarriages, cancer leukemia and other health problems in current and former residents. In addition to damages for injuries and medical costs, the suit is asking for undisclosed damages for the wrongful deaths of 38 former residents that plaintiffs believe were a result of the contamination.

In 2007, Exxon Mobil confirmed that it had been alerted to “potential concerns with soil conditions” at the site, and the company has been working with state and local agencies to investigate the claims. The oil company issued a statement that said, “Regulatory officials have investigated and found no evidence to date of an immediate public health concern due to environmental conditions at Ujima Village.” Exxon Mobil also claimed that the lawsuit had been filed without the benefit of the facts.

Southern California attorney Samer Habbas has been representing clients in premises liability cases for many years. Like other Long Beach premises liability lawyers, he is avidly following this case as it could potentially be a landmark decision. If you believe that a landowner has been negligent and that negligence led to injuries to you or someone you care for, call 888.848.5084 today to schedule a free consultation with California premises liability attorney Samer Habbas.

Resource link: Los Angeles CA injury Ujima Village residents claim to be exposed to toxins

Massive Grease Spill Causes Slip and Fall, Auto Accident and Huge Cleanup

Monday, April 12th, 2010

Recently, the driver of a truck making his usual early morning rounds cleaning restaurant grease dumpsters failed to close a valve on his truck after one of his stops. This caused a massive grease spill on some clients’ parking lots and the streets of a California community. The spilled grease was cited as the cause of at least one auto accident, and it caused a county worker to slip and fall. Martinez, CA officials say that the man pumped used grease from a dumpster behind one restaurant when he forgot to close a valve, which caused his truck to spill grease on several city streets as he pumped grease from several more clients.

Unaware of the open valve or the spilling grease, the driver made his way to Interstate 680, leaving a slippery, messy wake in his path that caused at least one driver to lose control and strike a telephone pole. A county worker crossing one of the slickened streets slipped and fell according to eyewitnesses, but his condition is unknown. The driver was operating a grease and tallow hauling truck owned by a company in Texas that did not issue a statement about the grease spills. However, the company did contact an area spill remedial company to clean up the grease and the sand that local municipalities spread on the spills.

Some may find this story humorous, but California slip and fall lawyer Samer Habbas can tell you that there is nothing funny about slips and falls. These types of accidents frequently result in serious injuries and can be especially devastating to senior citizens. Mr. Habbas is a Southern California slip and fall attorney who sees first-hand the injuries that these types of accidents cause, and he works hard to recover damages for his clients. Call Long Beach slip and fall lawyer Samer Habbas today at 888.848.5084 to schedule a free consultation to discuss your case.

Resource link:  Grease spill permeates downtown

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