Law Offices of Michael R. Kaiser
Call Today For a FREE Consultation: 760-459-8545
View Our Practice Areas

Premises Liability Archives

How property owners can maintain a safe parking lot

All business owners in California and across the U.S. have a duty to maintain a reasonably safe environment for entrants. What's important to remember is that this environment extends to the parking lot. If owners neglect this duty, they may be held liable for any injuries that a customer or employee incurs in this area.

More fractures reported at jump parks than with home trampolines

In California and across the U.S., trampoline parks are becoming more popular, but there is still question as to how safe they really are. The Journal of the American Academy of Orthopaedic Surgeons has published the results of a study comparing the rate of severe injuries at trampoline parks to trampolines at home. It turns out that while home trampolines see more injuries in general, 66% as opposed to 34%, the parks experience more dislocations and fractures.

How to make pools safer

For homeowners in California and throughout the country, a pool can have many benefits for social gatherings and fitness. However, a pool can also be a safety hazard if appropriate precautions are not taken. One safety measure a person can take is to install a fence and an alarm.

Liability waivers do not always block recovery of damages

Adults and children in California often must complete liability waivers before participating in activities, like athletics, amusement park rides, skiing or school trips. Although these forms seek to exempt businesses and other organizations from paying damages when accidents happen, waivers do not necessarily hold up in court. During legal challenges, the language of the waiver, its scope, and the public interest will guide the interpretation of the contract.

The costs of slip and falls

Small business owners in California must take care to protect all legal entrants, including patrons and employees, from known hazards. Entrants have the right to a safe environment since they are the ones who are being invited on to the property. This legal theory is known as duty of care.

Orangutan injures thumb of zoo volunteer

A zoo volunteer was injured on Jan. 19 in an incident with an orangutan. The story could be of interest to zoo workers in California because it shows the risks that they run in their jobs. The zoo volunteer, together with two paid staff members, entered the area where orangutans were being fed. There, a 14-year-old male orangutan reached out and bit the volunteer's hand, detaching her thumb in a matter of seconds.

Premises liability in slip and fall cases

Business owners in California have a responsibility to take steps to keep people safe while they are on business property. When a person suffers an injury due to a slip and fall on someone else's property, he or she might be entitled to monetary compensation based on a theory of premises liability. Injured parties might have claims for medical bills, pain and suffering, lost wages or other damages. In many premises liability cases, there are a number of people who might have liability.

Common causes behind outdoor falls

Slip-and-fall accidents that occur outside are among the most common kinds of premises liability lawsuits in California and throughout the country. They can happen in parking lots, on pathways or wherever else a dangerous condition may lurk. In many cases, a property owner or the party that possesses the property will be held responsible for an accident causing injury. However, there are some instances in which a property owner may not be held liable for an accident.

Club floor collapses during party, injuring dozens

California partygoers may wonder about the safety of the nightclubs and party sites they visit, especially when elevated floors and balconies are involved. At one clubhouse near Clemson University in South Carolina, the floor collapsed in the early morning hours of Oct. 21 while a party was in progress. Dozens fell down into the basement as the floor gave way, and 30 people were hospitalized after the incident.

How grocery stores limit liability

Slippery floors and spoiled produce can pose problems for grocery store owners and operators in California. To combat the problem of slip-and-fall accidents, grocery stores may put down mats or other materials that are easier to walk on. They will also mop floors on a regular basis or wax them to keep people from slipping or otherwise getting hurt. In some cases, employees will walk the store and take note of potential hazards.