Attorney Samer Habbas resolved a case in which his client was injured as a result of an assault and battery by an employee of a bakery for $325,000.00. A lawsuit was filed against the bakery for negligence in hiring, supervising, and training its employed baker.
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
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
The Orange County Register describes an incident where a man apparently suffered a broken leg while defending himself against two robbers who took his wallet. Police investigating the assault say the man was assaulted after he walked out of a store at 100 S. New Hope around 10:20 p.m. and two robbery suspects confronted him, demanding money.
Witnesses said that one assailant asked the victim for his money. When the victim told him he only had a few dollars, one of the suspects forcibly took the man’s billfold. When the victim attempted to push the assailant away, the assailant struck him with a metal object. A Santa Ana police officer said that after the blow, the victim took the metal object away from the attacker. The suspects fled from the scene on bicycles. The victim received treatment at a nearby hospital. At the time of this report, the hospital had not confirmed that the leg was actually broken. (more…)
The swine flu is slowly spreading across America, and insurers and businesses are getting ready for the possibility of swine flu related premises liability lawsuits. According to a news release from Mondaq.com, some businesses may be more exposed to premises liability lawsuits in the event of swine flu than others.
Hospitality businesses-such as restaurants and hotels-may face lawsuits from customers and employees who become sick from swine flu after visiting an establishment. Certain businesses may also expose customers and employees to swine flu by the nature of their services, such as delivery services. Of particular concern for businesses is the potential for one case to act as a gateway for several claims of exposure to the illness.
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