Articles Posted in Premises Accidents

People who are injured while they are working are allowed to file claims for workers’ compensation benefits through their employers. When a worker is injured while working at a site that his or her employer does not own or control, the worker may also have a claim that he or she may file against the property owner in certain cases. A recent California case in San Luis Obispo County demonstrates how property owners may be liable when a worker is injured while working on their properties.

Factual background of the case

A 54-year-old fire alarm technician was working as a part of a two-man crew to inspect the fire alarms at the Bella Vista Transitional Care Center. While he was conducting the inspection, the care center provided him with an extension ladder to use. He fell off of the ladder 12 feet to the ground, breaking both of his feet and suffering orthopedic injuries. He also suffered a compression fracture in the lumbar area of his spine that could not be corrected with surgery. He filed a premises liability lawsuit against the care center in June 2014, and the case reached a verdict following a trial in May 2016.

A recent California case involving a woman who was injured when she tripped over an unattended ladder in Target demonstrates both the business’s knowledge requirement as well as its duty to remove hazards, keeping the premises reasonably safe. In the case, an 83-year-old woman tripped over the ladder, fracturing her hip.

Factual background

An 83-year-old woman was shopping at a Target in Escondido, California, on Dec. 8, 2014. As she was walking down one aisle, she tripped over a 23-inch-tall stepladder that had a 4-foot handle. A worker had left the stepladder unattended. The fall caused her hip to fracture. She filed a lawsuit against Target based on a theory of premises liability on Feb. 11, 2015.

A recent case in California demonstrates how the extent and cause of a plaintiff’s injuries may be disputed even when liability itself is not in dispute. In the case, Plent v. Anheuser-Busch, LLC, Los Angeles Superior Court / BC551113, the injured plaintiff received far more at trial than she would have received if she had accepted the defendant’s final settlement offer.

Background of the case

The plaintiff, an 86-year-old woman, was shopping at an Albertson’s grocery store on May 14, 2013. While she was shopping, an Anheuser-Busch, LLC employee struck the woman with a loaded merchandise cart from behind. The woman fell to the ground and was injured. The incident was captured on the store’s surveillance videotape system. While Anheuser-Busch admitted liability, the extent of the woman’s injuries was at issue at trial. The injured woman filed a personal injury lawsuit against the defendant on July 9, 2014, alleging her injuries resulted from the defendant’s negligence. She asked for compensation for her future medical expenses, for her pain and suffering and for the loss of enjoyment of her life that the accident had caused.

Lowe’s Home Improvement Warehouse exterior. Lowe’s is an American chain of retail home improvement stores in the United States, Canada, and Mexico.

As a Lowes hardware accident attorney in California, I know that Lowes Companies, Inc. is big business in the Golden State. The hardware, appliance and home improvement store operator has 1,140 stores in the United States, 40 stores in Canada and another 10 in Mexico. The company has plans to open another 150 stores in Australia under a different name. Lowes is number 50 on the Fortune 500 list, and only Home Depot sells more hardware, appliance and home improvement products than Lowes.

Lowes operates 111 stores in California. Only Texas and Florida have more. As a majority shareholder, the company also operates more than 70 neighborhood hardware and backyard stores known as Orchard Supply Hardware that it acquired in 2013. Nearly all of those stores are in California too.

On October 20, 2011, a young California man, who was employed as a union carpenter for Ghilotti Construction, fell and injured his back while working on a bridge. The incident occurred as the result of a piece of uncapped rebar snagging the worker’s pant leg and causing him to fall. He was wearing a 50 pound utility belt at the time of the fall, and his leg remained about two feet in the air, both of which exacerbated the injury he sustained.

The carpenter (plaintiff) did not report that he was injured at that time, but his foreman observed the fall and remarked that it looked like it hurt, although he denied making the comment later at trial. The plaintiff and the foreman both testified at trial that workers did not like to report workplace injuries for fear of reprimand and/or losing their jobs.

The plaintiff returned to work the day following the incident, but became concerned when he was unable to lift a 20-pound pipe, an action that he normally could complete with ease. The plaintiff’s foreman claimed that the plaintiff said that he had been hurt at home and that he was not aware of any injury sustained at the job, but that claim was negated when the foreman’s friend and neighbor testified that the foreman knew of the injury and was concerned about losing his job for letting it occur on his shift.

Injuries to the eyes are very serious and often can be hard to treat. The eye is a very delicate organ and the bone and muscle structure around the eye can easily be damaged. Injuries to the eyes can lead to changes in physical appearance of the face, changes to vision, and possibly blindness.

Types Of Eye Injuries And Their Causes

The most common injuries that occur to an eye are objects that pierce the eye during a fall or in an accident. The second leading cause of eye injuries is blunt trauma that causes damage to the eyes or the orbital socket area surrounding the eyeball. Blunt trauma to the eye is commonly associated with a slip and fall incident or being hit in the face during an altercation.

On July 30, 2015 a verdict was finally given regarding a case of a 15 year old boy who died after being hit by a car at a dangerous crossing while heading for the school bus stop in San Bernardino County California. The jury awarded the adoptive mother of the boy $20,000,000.00 for her losses.

Summary Of Facts In The Case

In December of 2010, the 15 year old high school sophomore was on his way to his designated school bus stop which required him to cross an uncontrolled five-lane highway. This bus stop was designated by the school system and was the only stop that the young man could use to get to school. During his attempt to cross the highway, the boy was struck by a vehicle and suffered catastrophic injuries. This young man slipped into a coma and died from his injuries 15 days later.

According to the latest investigation, rotted wood beams were the cause of a balcony collapse that killed six college students in Berkeley California.  The students were having a party and many were gathered on the upper floor of a 176 unit apartment building.  A probe was launched by the Building and Safety Division into the cause of the collapse.  It was noted that the joists that were supposed to be supporting the balconies, which extended out of the side of the building were completely dry rotted.

What is the duty of an apartment owner in California to inspect their property and make it safe?

This tragic incident raises the question of what legal duty the owner and/or maintenance company for an apartment building has to inspect their property and make it safe.  California law on this issue is as follows: